Sole – Overseas Representative VISA -UK
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SOLE REPRESENTATIVE OF AN OVERSEAS BUSINESS VISA
The Sole Representative of an Overseas Business visa category is for businesses that wish to send a senior employee to the UK in order to establish a commercial presence for the company in the UK.
What is a Sole Representative of an Overseas Business visa?
The Sole Representative of an Overseas Business visa allows a senior employee of an overseas business to come to the UK to set up and run a UK branch or wholly-owned subsidiary of the overseas parent company. Indefinite leave to remain (ILR) can be achieved after 5 years in the Representative of an Overseas Business visa category.
BENEFITS OF THE VISA:
- Visa holders can bring dependents on the visa
- Spouse is allowed to work on the visa
- No cap on the number of people who can move to the UK on the visa
- Can open a branch in the UK
- Leading to Nationality – British – Passport
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 satisfy UK Visas and Immigration that your overseas company:
- Is an active and trading overseas business;
- Has its headquarters and principal place of business outside the United Kingdom;
- Has no other active branch, subsidiary or representative in the UK;
- Intends to establish a registered branch or wholly-owned subsidiary in the UK that will actively trade in the same business activity as the overseas business;
- The overseas business will not be established or the sole representative appointed mainly for the purpose of facilitating the entry or stay of the sole representative;
- Intends to maintain the centre of its operations overseas.
You will also need to demonstrate that you:
- Are a genuine Representative of an Overseas Business;
- Are an existing senior employee of the overseas business;
- Have been recruited and taken on as an employee of the overseas business outside of the UK;
- Have the skills, experience and knowledge of the business necessary to undertake the role of sole representative of the overseas business in the UK;
- Have full authority to negotiate and take operational decisions on behalf of the overseas business;
- Intend to work full-time as a representative of the overseas business;
- Do not intend to engage in business of your own or work for any other business;
- Do not have a majority stake in, or otherwise own or control, a majority of the overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement;
- Can show English language ability to at least CEFR Level A1 (speaking and listening);
- Can show you can adequately maintain and accommodate yourself and your dependants in the UK, without recourse to public funds.
The exact requirements that you will need to satisfy will vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.
Is your business eligible to establish a UK branch or subsidiary?
For an employee to qualify for a UK Overseas Business Representative visa, the parent company must be an active and trading overseas business. The overseas parent company must have, and intend to continue to have, its headquarters and principal place of business outside the UK. If the parent company already has a branch, subsidiary or other representative in the UK then the business will be excluded. Even where there is no representative in the UK, the business will be disqualified if the employee setting up the branch or subsidiary in the UK would involve the business effectively moving the centre of its business operations to the UK. The Home Office will also need to be satisfied that the branch or wholly-owned subsidiary in the UK intends to actively trade in the same type of business as the overseas business and is not being established solely for the purpose of facilitating the entry and stay of the sole representative.
Choosing a Sole Representative of an Overseas Business visa candidate
The Sole Representative visa applicant must genuinely be an existing senior employee of the overseas business who was recruited and taken on as an employee of the overseas business outside of the UK. They will genuinely have the skills, experience and knowledge of the overseas business necessary to undertake the role of sole representative of the overseas business in the UK. The Sole Representative visa candidate will have full authority to negotiate and take operational decisions on behalf of the overseas business and genuinely intend to be employed full-time as a representative of the overseas business. They must genuinely intend to not engage in business of their own or represent any other business’s interest in the United Kingdom.
Can Sole Representatives be shareholders?
The Immigration Rules require that an applicant for a Sole Representative visa must not have a majority stake in, or otherwise own or control, the overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement.
This means that applicants can be shareholders, but they must not own more than 50% of the available shares in the business at the point of application. Existing majority shareholders may qualify for a Sole Representative visa if they reduce their shareholding prior to applying. However, applicants should note that the Home Office will look at the company share distribution in both the current and the previous year.
Applicants (both shareholders and non-shareholders) should also note that the requirements of the route go beyond ownership to cover control. Regardless of the stake in ownership, applicants must not control the overseas business by means of any other arrangement.
For further information regarding the ownership and control requirement for a Sole Representative visa, contact our immigration lawyers in London.
Terms of employment of an Overseas Business Sole Representative
A Sole Representative must have authority to set up and operate a UK branch or subsidiary and take the majority of key operational business decisions locally on behalf of the company. Sole Representative of an Overseas Business visa holders are also required to work full-time. Sole Representative visa holders are not required to earn any particular minimum level of salary or receive any particular benefits. However, their remuneration package should be appropriate for a senior employee in the company.
Conditions of stay for a Sole Representative
As with all categories of the immigration rules, a Sole Representative of an Overseas Business visa holder must comply with certain conditions of stay. The most important condition is that Sole Representatives are only able to be employed by the company that sent them to the UK. It is not possible to have any other business interests, or undertake any other part-time or consulting work in the UK on the side of employment for the business.
Can a Sole Representative bring family members to the UK?
A Sole Representative of an Overseas Business may bring, or be joined by, their spouse, civil partner, unmarried or same-sex partner and any children under the age of 18. Unfortunately, as with most other categories of the Immigration Rules, Sole Representatives cannot bring their parents, siblings or other extended family members.
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.
Settlement in the UK as a Sole Representative visa holder
After five years in the UK as a Sole Representative of an Overseas Business, you may be eligible to apply for settlement. In addition to continuing to meet the requirements for an extension of stay, you will also need to show that you have spent the last 5 years before the date of application in the UK with permission as a Representative of an Overseas Business, you have spent a continuous period of five years in the UK and you have not been absent from the UK for more than 180 days in any of the five years prior to the date of application. Unless aged 65 or over, you will also need to have English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1 and meet the Knowledge of Life in the UK requirement. Your employer will also need to confirm that they still require you to work for them, and that you have been, and will continue to be, paid the appropriate salary, and that you will be required for the foreseeable future.
On 6 October 2021, additional requirements for ILR as a Sole Representative of an Overseas Business were introduced. As a sole representative applying for settlement you must now additionally show that throughout the 5-year period before the date of your ILR application:
- The overseas business that you represent has been active and trading with its headquarters and principal place of business remaining outside the UK;
- You have been employed and worked full time for the overseas business you represent, or for that business’s UK branch or subsidiary;
- You have not undertaken work for any other business or engaged in business of your own;
- You have not had a majority stake in, or otherwise owned or controlled a majority of the overseas business you represent, by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement;
- You have established and then supervised the registered a branch or wholly owned subsidiary of the overseas business you represent in the UK, where that branch or subsidiary was actively trading in the same type of business as the overseas business.
Additionally, you will need to provide various specified documents in support of your ILR application. You may wish to speak with an immigration lawyer for expert advice.
Switching into the Sole Representative route
An application for a Sole Representative visa can be submitted from outside the UK, but it is also possible to switch into the Sole Representative visa route from within the UK provided you do not have, or were not last granted, permission to stay as a Visitor, Short-term Student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household or outside the Immigration Rules.
How WE can support your UK Sole Representative visa application
The Immigration Rules contain strict requirements in terms of the documents that must be provided in support of a Sole Representative of an Overseas Business visa application. It can be helpful to get advice from an immigration lawyer in order to ensure that your application is professionally presented and technically correct.
Our business immigration experts have experience in assisting all types of companies and partnerships to secure Sole Representative visas for their employees. Whether you are a small business or a large multinational looking to expand into the UK, our barristers are experts in the immigration options available and will guide you through the complex Home Office rules and policies.
We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to businesses as part of a professional and friendly service
Fresh applications, Administrative reviews and Judicial reviews for Sole representative
If you want to file application for entry clearance, leave to remain or settlement as a sole representative or you have been refused, our immigration team can advise on the merits of making a fresh application or challenging the decision.
If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can bring Administrative Review proceedings to challenge the decision.
If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.
WE CAN ALSO ASSIST WITH
- Drafting of business plans for Sole Representative of Overseas Business visa applications
- Applications for extension of stay as a Sole Representative of an Overseas Business
- Applications for settlement as a Sole Representative of Overseas Business
- Fresh applications and Judicial reviews for Sole Representatives of Overseas Businesses
- Sponsor Licence applications
- Intra-company Transfer visa applications
- Business Visit visa applications
- Visit Visa Applications
- Schengen Application
- Settlement applications
- EU applications
- Refusals
Our Fee Packages
Service based package
Fee Packages | Details of Services | Processing fee £ | Conditional success fee £ |
1 | 1. Application filling only 2. Form 3. Index 4. Online appointment 5. Bundle 6. Review of Documents 1 time 7. 2 Meetings 8. 3 calls | 2500 Advance – non refundable | Not applicable |
2 | 1. Application filling only 2. Form 3. Index 4. Online appointment 5. Bundle 6. Review of Documents 1 time 7. 3 Meetings 8. 5 calls 9. 2 Drafts included 10. In case of refusal – stage 2 11. Drafting of Grounds of Admin review 12. Filling Admin Review | 1500 Advance – non refundable | 6500 |
3 | 1. Application filling only 2. Form 3. Index 4. Online appointment 5. Bundle 6. Review of Documents 1 time 7. 3 Meetings 8. 5 calls 9. 2 Drafts included 10. In case of refusal – stage 2l 11. Drafting of Grounds of Admin review 12. Filling Admin Review 13. In case of refusal – stage 3- Pre action 14. Drafting grounds of Pre action notice 15. Filling Pre action notice | 1500 Advance – non refundable | 8500 |
4 | 16. Application filling only 17. Form 18. Index 19. Online appointment 20. Bundle 21. Review of Documents 1 time 22. 5 Meetings 23. 10 calls 24. 2 Drafts included 25. In case of refusal – stage 2l 26. Drafting of Grounds of Admin review 27. Filling Admin Review 28. In case of refusal – stage 3- Pre action 29. Drafting grounds of Pre action notice 30. Filling Pre action notice 31. In case of refusal – stage 4- JR 32. Drafting grounds of Judicial Review 33. Drafting witness statement for JR 34. Filling JR with UK High Court on papers only | 1500 Advance – non refundable | 10500 |
5 | Per dependent | GBP 1000 |
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To Discuss your Visa / Immigration matter /application with one of our immigration expert, contact us on 03111222096 or [email protected] or complete our one of the enquiry forms given below
- If you contact us for case refusal, Please share your refusal letter and details by filling the form at https://form.asana.com/?k=8nMrv4L1jmSpx3-CXEeb9g&d=392026614810929
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