UK Sole Representative Visa

This route is closed to new applicants, but existing sole representatives can apply for an extension or indefinite leave. Senior managers or specialists opening a UK branch may qualify for a Global Business Mobility – UK Expansion Worker visa. Entrepreneurs starting or owning a UK business may consider a Skilled Worker visa through self-sponsorship. Dependants of sole representatives remain eligible to apply.

To discuss your Sole Representative Visa, call us at 02033939272 to speak with one of our immigration lawyers for a free consultation, or fill out our online form.

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Our experienced UK Sole Representative Visa Solicitors can help you with your immigration process.

What is a UK Sole Representative Visa?

The Sole Representative Visa, which is also called the Sole Representative of an Overseas Business visa type, lets people who want to move to the UK open a branch of their business in another country. 

A senior employee of a foreign firm may enter the UK on a Sole Representative of an Overseas Business visa in order to establish and manage a UK branch or wholly-owned subsidiary of the foreign parent company. 

After 5 years, indefinite leave to remain (ILR) is possible under the Representative of an Overseas Business visa category.

UK Sole Representative Visa

What are the Sole Representative Visa UK Requirements?

To be eligible for a sole representative visa UK, your foreign company must:

  • Is a trading company that operates internationally;
  • Has its main office and headquarters located outside of the UK;
  • Possesses no other operational branch, subsidiary, or agent in the United Kingdom;
  • Intends to open a fully-owned subsidiary or registered branch in the UK that will engage in the same line of work as the foreign company;
  • The lone representative will not be selected or the overseas business founded primarily to facilitate the sole representative’s admission or stay;
  • Intends to continue operating its headquarters abroad.

Additionally, you must prove that you: 

  • Are you a genuine representative of an international company; 
  • Are a current prominent senior employee of the international company;
  • Been hired by a foreign company and placed outside of the UK;
  • Possess the abilities, background, and industry understanding required to act as the exclusive representative of the foreign company in the UK;
  • Possess complete power to negotiate and make operational choices on behalf of the foreign company;
  • Aims to serve as a representative of the foreign company full-time;
  • Do not plan to work for another company or start your own business;
  • Do not own or control a majority of the foreign company, whether they do so through a sole proprietorship, partnership agreement, shareholding, or another arrangement;
  • Demonstrates proficiency in the English language at least at CEFR Level A1 (speaking and listening);
  • Can demonstrate that you are able to support and house you and your dependents in the UK without using public assistance.

The specific standards that you must meet will change based on your situation. For professional guidance, you might want to consult with an immigration attorney.

 If you want to know more about the Sole representative meaning and its requirements, contact us at 02033939272 to speak with one of Rees Clayton’s immigration solicitors.

Our experienced UK Sole Representative Visa Solicitors can help you with your immigration process.

Is your company qualified to open a branch or subsidiary in the UK?

In order for an employee to be eligible for a UK Overseas Corporation Representative visa, the parent firm has to be a functioning, international corporation. 

The headquarters and primary place of business of the foreign parent company must be located outside of the United Kingdom, and it must plan to maintain this position. 

The firm will not be allowed to operate in the UK if the parent company already has a branch, subsidiary, or other presence there. 

If an employee establishes a branch or subsidiary in the UK, the firm will be disqualified even if it does not have a representation there because it would essentially shift the centre of operations to the UK. 

Additionally, the Home Office must be convinced that the UK branch or wholly-owned subsidiary is not being set up only to make it easier for the single representative to enter and remain in the country but rather actively plans to engage in the same kind of business as the foreign company.

Our experienced UK Sole Representative Visa Solicitors can help you with your immigration process.

Relocation in the UK with a Sole Representative Visa Holder

You must meet the following requirements in order to settle in the UK as a Sole Representative of an Overseas Business: 

  • You have been in the country continuously for a period of five years as the Representative of an Overseas Business category; 
  • You have not left the country for more than 180 days in any of the five years before the application date;
  • You have met all the conditions needed to be granted a five-year stay extension;
  • You are still needed for your role, will continue to receive appropriate compensation, and will remain essential for a significant period.
  • You understand the language and UK culture well enough;

In addition, a number of specialised documents must be submitted with your ILR application.

You might want to seek expert guidance from an immigration attorney. Contact us at 02033939272 for detailed sole representative visa guidance.

Our experienced UK Sole Representative Visa Solicitors can help you with your immigration process.

Request for Extension of Stay as a Sole Representative of an Overseas Business

Initial Visa Approval

  • Upon receiving approval for the Sole Representative visa, you will be permitted to stay in the UK for up to three years.
  • After this period, a subsequent application for leave to remain can be made, which will grant an additional two years.

Eligibility for Extension

To qualify for an extension of stay, the following criteria must be met:

  • Continuous Employment: You must have worked for the same employer since the issuance of your initial visa.
  • Established Presence in the UK: You need to show that you have helped establish the parent company’s presence in the UK.
  • Employer’s Location: The employer’s main office and headquarters must remain outside the UK.

Business Activities

  • You must demonstrate that you have actively conducted business (mainly with UK entities) on behalf of your employer.
  • You will also need to show that you are being compensated for your work.

Consulting with an immigration attorney will ensure that your application is accurate, professionally presented, and compliant with immigration regulations. Dial 02033939272.

Our experienced UK Sole Representative Visa Solicitors can help you with your immigration process.

What is the possibility of Sole Representatives Becoming Shareholders?

The Immigration Rules require Sole Representative visa applicants to have no substantial stake in or control over the overseas business, whether through shareholding, partnership, sole visa UK proprietorship, or any other arrangement.

This implies that petitioners may be shareholders; however, they must not possess more than 50% of the business’s available shares at the time of application. If they reduce their shareholding before applying for a Sole Representative visa, existing dominant shareholders may be eligible. 

Nevertheless, it is important to remember that the Home Office will evaluate the distribution of company shares in the current and previous years.

Additionally, applicants (both shareholders and non-shareholders) should be aware that the route’s requirements extend beyond ownership to encompass control. Applicants are prohibited from exercising control over the overseas business through any other arrangement, irrespective of their ownership stake.

Contact Rees Clayton’s immigration lawyers for additional information on the ownership and control requirements for a Sole Representative visa.

Our experienced UK Sole Representative Visa Solicitors can help you with your immigration process.

Terms of Employment for an Overseas Business Sole Representative

Employment Contract for a Sole Representative of an Overseas Business

  • A Sole Representative must have the authority to:
    • Establish and manage a UK branch or subsidiary of the overseas company.
    • Make key operational and business decisions for the company at the local level.

Full-Time Employment Requirement

  • The Sole Representative must work full-time as the only representative of the overseas business in the UK.

Compensation and Benefits

  • There is no requirement for a specific minimum salary or benefits for Sole Representative visa holders.
  • However, the compensation provided should be commensurate with the salary of a senior employee within the organisation.
Our experienced UK Sole Representative Visa Solicitors can help you with your immigration process.

Conditions of Stay for a Sole Representative

A Sole Representative of an Overseas Business visa holder is required to adhere to specific conditions of stay, as is the case with all categories of immigration rules. The most critical requirement is that Sole Representatives are exclusively employed by the organisation that dispatched them to the UK. In the United Kingdom, it is not permissible to engage in any additional business interests or consultative or part-time work in addition to one’s employment with the organisation.

Dependents of Sole Representatives

A spouse, civil partner, unmarried or same-sex companion, and any children under the age of 18 may accompany or be joined by a Sole Representative of an Overseas Business. 

However, Sole Representatives are prohibited from bringing their parents, siblings, or other extended family members, as is the case with the majority of other categories of the Immigration Rules.

Our experienced UK Sole Representative Visa Solicitors can help you with your immigration process.

What is the appropriate time to apply for a UK Sole Representative visa?

It is recommended that you register for a UK Sole Representative visa at least three months prior to your intended travel date.

Our experienced UK Sole Representative Visa Solicitors can help you with your immigration process.

What is the UK Sole Representative Visa Cost?

The cost of a Representative of an Overseas Business visa is £719 if you apply from outside the UK. If you apply from within the UK, the fee is £827

Biometric information, including fingerprints and a photo, will also need to be provided, but there is no additional charge for this.

Our experienced UK Sole Representative Visa Solicitors can help you with your immigration process.

What is the processing time of the UK Sole Representative Visa?

Most of the Sole Representative visa applications are processed within three weeks. Many visa application centers outside the UK offer a priority service, allowing applicants to receive a decision within five working days.

Our experienced UK Sole Representative Visa Solicitors can help you with your immigration process.

How can Rees Clayton Immigration Solicitors help?

The Immigration Rules stipulate strict requirements for the supporting documentation required of a Sole Representative applying for an Overseas Business visa. In order to guarantee that your application is technically accurate and professionally presented, it may be advantageous to consult with an immigration attorney.

Our business immigration lawyers possess extensive expertise in assisting a diverse range of companies and partnerships with securing Sole Representative visas for their employees. Whether you represent a small enterprise or a large multinational corporation aiming to expand into the UK, our specialists are well-versed in the available immigration options. We offer comprehensive guidance through the complex Home Office regulations and policies.

Also, we take great pride in our ability to be proactive and approachable in our approach to understanding and meeting the demands of our clients. Our team is highly motivated and committed to offering businesses a professional and friendly service that includes plain and dependable immigration advice. Call us now at 02033939272.

Our experienced UK Sole Representative Visa Solicitors can help you with your immigration process.

FREQUENTLY ASKED QUESTIONS

Questions & Answer

To qualify as a sole representative of an overseas business in the UK, you must meet the following conditions:

  • Senior Role: You should hold a senior position within the company, recruited from outside the UK.
  • Decision-Making Authority: You must have the authority to make significant business decisions for the UK operations.
  • Full-Time Employment: You are required to work full-time in this capacity.
  • Ownership Limit: You cannot own more than 50% of the overseas business.

There is no set duration of employment required before applying for the sole representative visa. However, having a solid and relevant track record in your role will support your application. It is also important that the position is genuine and not created merely for the purpose of securing a visa for entry to the UK.

There is no mandatory minimum salary to qualify for the sole representative visa. However, the salary and benefits you receive must reflect the seniority and responsibility of the role within the company. It should align with what would typically be expected of a senior employee in a similar position.

Yes, you are allowed to hold shares in the parent company. However, to be eligible for the sole representative visa, you cannot own more than 50% of the shares at the time of your application.

If you are a majority shareholder in the overseas business, you can still apply for the sole representative visa. However, you must reduce your shareholding to less than 50% before submitting your application. Evidence of the reduction, such as an updated shareholder register and proof of the transaction, will need to be provided.

Yes, the overseas business can establish a UK branch or subsidiary. The parent company must be a legitimate and operational business with its headquarters based outside the UK. The company must not already have an active representative or business presence in the UK before applying for the visa.

You can still apply for the sole representative visa if the UK branch exists, but it must be a legal entity (for example, with a bank account or registered premises) and must not have employees or engage in any business activities. The branch should not be fully operational at the time of your application.

There are no specific financial criteria, such as turnover or profit, that the overseas business must meet in order to qualify for the sole representative visa. The business must be genuine, with its headquarters outside the UK, and it should not be established solely for the purpose of facilitating your UK entry.

You must hold a senior position in the overseas business with the authority to make key decisions for the UK operations. This ensures that you are able to represent the business in the UK effectively.

Yes, the overseas business can apply to set up a UK branch or subsidiary. However, the business must not already have a representative or active presence in the UK at the time of application.

The overseas parent company must not have any operations or employees in the UK prior to the application. The UK branch must remain inactive in terms of transactions and employment until the visa is granted.

You can apply if the UK branch exists legally, has a bank account, and identified premises, but the branch must not have any employees or conduct business activities yet.

While there’s no strict requirement for years of experience, having a solid background in a similar or related industry will help demonstrate that your appointment is genuine, especially if you’ve only been employed by the parent company for a short time.

No, the overseas business cannot have employees in the UK before the sole representative visa is granted. The UK branch must remain dormant in terms of hiring and business transactions until the visa is approved.

No, there is no requirement to show a specific level of profitability or turnover for the overseas business. However, the business must be a legitimate and operational enterprise with its principal place of business outside the UK.

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