Sole Representative of an Overseas Business visa

Sole Representative of an Overseas Business visa

 

Sole Representative of an Overseas Business visa

The Sole Representative of an Overseas Business visa category is for companies that wish to send a senior employee to the UK to set up a UK branch or commercial presence for the company in the UK.  This visa category allows visa holders the opportunity to obtain Indefinite leave to remain (ILR) after 5 years within this visa category.

Requirements for a Sole Representative of an Overseas Business visa

In order to qualify for a Sole Representative of an Overseas Business visa you will need to demonstrate that your overseas company:

  • Is an active and trading overseas business;
  • Will continue to have, its headquarters and principal place of business overseas and intend to maintain the centre of operations overseas;
  • Has no branch, wholly-owned subsidiary or other representative in the UK;
  • Intends to establish a branch or wholly-owned subsidiary in the UK that will actively trade in the same type of business as the overseas business and will not be established solely for the purpose of facilitating the entry and stay of the sole representative;

The applicant will also need to demonstrate that they:

  • Are an existing senior employee of the overseas business who has been recruited outside of the UK;
  • Have the skills, experience and knowledge of the company to do the role;
  • Do not have a majority stake in, own or control, the overseas company, whether this is by means of a shareholding, partnership agreement or any other arrangement;
  • Intend to be employed full-time as a representative of the overseas business only, with no engagement in other business’s interest in the UK;
  • Have full power to negotiate and make operational decisions on behalf of the overseas company;
  • Are competent in the English language to at least CEFR Level A1 (speaking and listening);
  • Can maintain and accommodate yourself and your dependants.

You may also be eligible if the business has a legal entity in the UK that does not employ staff or do any business.

The exact requirements that you will need to satisfy will vary depending on your circumstances.  

In order to discuss your visa application with our immigration lawyers please call 0744 8077 407 or complete the enquiry form.

Dependents of a Sole Representative of an Overseas business visa

The spouse, civil partner, unmarried or same-sex partner and any children under the age of 18 may accompany or later join a Sole Representative of an Overseas business. 

Where a spouse, civil partner, unmarried or same-sex partner is accompanying or joining a Sole Representative, that partner must not themselves have a majority stake in, or otherwise own or control, the overseas business.  This rule applies whether the ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement.

When should you apply for a UK Sole Representative visa? 

You can make an application for a UK Sole Representative visa 3 months before you intend to travel. 

How much does a Sole Representative of an Overseas Business visa cost? 

The Home Office application fee for a Representative of an Overseas Business visa is currently £610.

How long will it take for a decision on an application to be decided?

Most Sole Representative visa applications are decided within 3 weeks.  Many visa application centres outside the UK also offer a priority service which allows applicants to receive a decision on their applications for entry clearance within 5 working days.

How do I obtain an extension of a Sole Representative of an Overseas Business visa?

Once your application for a Sole Representative visa is approved, you will be given permission to enter and remain in the UK for up to 3 years, after which, you will need to apply for an extension of this leave; granted for a further 2 years. 

In order to qualify for an extension you will need to continue to work for the same employer and have established the parent company’s first commercial presence in the UK.  The employer’s headquarters and principal place of business must still continue to be outside the UK. 

You will need to demonstrate that you have generated business (principally with UK firms) on behalf of your employer since you were granted the visa and that you continue to be paid a salary from your employer. 

Representation by an immigration lawyer will make certain that the application is comprehensive and correctly submitted. 

Call us on 0744 8077 407 or complete the online enquiry form to discuss your extension.

How do I obtain Settlement in the UK as a Sole Representative of an Overseas business?

After five years in the UK as a Sole Representative of an Overseas Business, you may be eligible to apply for settlement, so long as you continue to meet the additional eligibility requirements for an extension of stay.

You will need to demonstrate you have not been absent from the UK for more than 180 days in any of the 5 years prior to the date of application and no more than 450 days in total during this 5-year period. You will also need to demonstrate good character and sufficient knowledge of language and life in the UK.

How Dsichambers help?

As the Immigration Rules are very complex with stringent eligibility and documentation requirements, our immigration lawyer will ensure that your application is strong, with ample documentation and professionally represented by our team. We assess your eligibility to avoid the submission of a weak application, working with our clients to obtain the successful outcome and maintaining our track record of successful visa applications.

UK Immigration rules are complex and challenging which is why we work to our client’s best interest and understand what is at stake.

Fill out the form and one of our immigration experts will be in touch.