Sole Representative of an Overseas Business visa

 

 

Sole Representative of an Overseas Business visa

 

Who can apply for a Sole Representative of an Overseas Business visa?

You can apply for a Sole Representative of an Overseas Business visa if you are outside the EEA and Switzerland and either;

  • The sole representative of an overseas company planning to set up a UK branch or a wholly owned subsidiary for an overseas parent company, or
  • An employee of an overseas newspaper, news agency or broadcasting organisation posted on a long-term assignment to the UK.

Further eligibility criteria involves:

  • Having enough money to support yourself without the need for public funds
  • Meeting the English language requirement (with certain exceptions)
  • Being recruited and employed outside the UK by a company whose headquarters and principle place of business are outside the UK
  • The employer having no other branch, subsidiary or representative in the UK where the applicant is seeking entry as a sole representative
  • Having extensive related industry experience and knowledge
  • Holding a senior position within the company and having full authority to make decisions on its behalf without being a major shareholder
  • Intending to establish the company’s first commercial presence in the UK, e.g a registered branch or a wholly owned subsidiary

You may also be eligible if:

  • your company has a legal entity in the UK that does not employ staff or transact business, or
  • you wish to replace a previous sole representative during the process of your company working to establish a UK branch or subsidiary
  • you are an employee of an overseas newspaper, news agency or broadcasting organisation that is being posted in the UK for a long-term assignment

Documentary evidence required for the Sole Representative of an Overseas Business visa:

From a sole representative of an overseas company:

  • a full description of the parent company’s activities, including details of assets and accounts
  • a letter confirming the overseas parent company will establish a wholly-owned subsidiary or register a branch in the UK in the same business activity
  • a job description, employment contract and salary details
  • a letter confirming you are familiar with the company and have the power to take operational decisions
  • evidence that you are directly employed by the parent company and are not self-employed as a sales agent working for the parent company
  • evidence that you were recruited to the company outside the UK, hold a senior position and can make decisions on its behalf as well as establish and operate a registered branch
  • evidence that you will be working full time for the company during the stay and will not work elsewhere
  • evidence that you are not a majority shareholder in the parent company

From a newspaper, news agency or broadcasting organisation employee:

  • a full description of the parent company’s activities, including details of assets and accounts
  • confirmation that you will be representing them in the UK in a full-time, long-term role

Details of the Sole Representative of an Overseas Business visa once granted:

The visa is valid for a period of 3 years once granted, with extension and settlement options available under certain circumstances.

As a holder of a Sole Representative visa, you can:

  • work full-time for your employer
  • bring dependants with you to the UK
  • extend your visa more than once
  • apply to settle in the UK after 5 years

As a holder of a Sole Representative visa, you cannot:

  • be self-employed or employed by another company
  • stay in the UK if your employer has withdrawn your position as a sole representative
  • get public funding

Please note that this information is not exhaustive; the complexity of the application and evidence needed varies across all applications. You are advised to consult a legal professional to ensure your application is strong from the outset.

How can NA Law Solicitors help?

Our team of immigration specialists can assist  with all types of High Net Worth immigration, we can also assist with the Tier 1 Entrepreneur visa and the  the Tier 1 Investor visa. We  can work with your application during every step and liaise with the Home Office until a decision has been made. Please contact us for a free initial 15-minute consultation.

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