UK Sole Representative Visa

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*UPDATE*

Making initial applications under this route is no longer available – prospective applicants will have to make an application under the UK Expansion Worker Visa. Follow the link for more information on how we can help you meet the new requirements.

What is a UK Sole Representative Visa?

The UK Sole Representative Visa  allows an established overseas company to create a UK commercial presence. It allows the business representative to enter the UK to set up a branch or a subsidiary in the UK.

The visa is initially granted for a period of three years, after which time applicants can apply to extend their visa providing they can meet with the requirements set out by UKVI.  The visa extension is granted for a period of two years after which time applicants can apply to settle in the UK.

Why Should I Apply for the UK Sole Representative Visa rather than The Tier 1 Entrepreneur Visa?

*Note: making initial applications under this route (Tier 1 Entrepreneur Visa) is no longer available – prospective entrepreneurs will have to make an application under the innovator visa.*

Obtaining a Sole Representative consists of a straightforward process in comparison to applying for a Tier 1 Entrepreneur visa as there is no requirement to meet with the Genuine Entrepreneur Test or to make a minimum investment of £200,000 in the Sole Representative visa. However, it still leads to settlement after five years for an applicant and his or her dependants, providing they meet the eligibility criteria outlined below.

Eligibility for a UK Sole Representative Visa

To be eligible for a Sole Representative visa you must demonstrate that you:

  • have full authority to make decisions on behalf of the business
  • hold a senior position within the company
  • do not hold more than 50% of the shares of the overseas business
  • have sufficient funds to support yourself and dependants (if applicable)
  • have extensive knowledge and experience in the industry
  • meet the English Requirement
  • do not intend to take any other employment whilst in the UK
  • overseas business intends to set up the business’ first branch or subsidiary in the UK.

You may be eligible for a Sole Representative visa if you are being posted to the UK on a long-term assignment.

Is a UK Sole Representative Visa Suitable for your Business?

Although the UK Sole Representative visa option is a popular alternative to the Tier 1 Entrepreneur visa, it may not be suitable for you if the following apply:

  • The business already has a UK presence and the representative can be employed directly by the UK branch or subsidiary
  • Your business representative is not going to be based in the UK on a long-term basis
  • Your business representative owns 50% or more share of the overseas business
  • The headquarters or principal place of business becomes established in the UK
  • The operations of the UK branch or subsidiary changes and can no longer be considered as carrying out the same type of business as the original overseas business
  • The UK branch or subsidiary is no longer wholly owned by the original overseas business.

How Long is the UK Sole Representative Visa Issued for?

The visa is initially granted for a period of three years, after which time applicants can apply to extend their visa providing they can meet with the requirements set out by UKVI.  The visa extension is granted for a period of two years after which time applicants can apply to settle in the UK.

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How Can you Extend a UK Sole Representative Visa?

In order to extend your Sole Representative visa, you will need to show that:

  • You are still in the UK
  • You are still working full-time for the same employer as you were when the visa was initially issued to you
  • The overseas business still has its headquarters and principal place of business outside the UK
  • The UK operation of the overseas business is still active.

How Can NA Law Solicitors Help you Obtain a UK Sole Representative Visa?

We are a niche immigration law firm specialising in this area of law. Our team of specialist immigration solicitors can assist you with the entire process. We will take instructions from you during the initial consultation stage, advise on the most appropriate documents to gather in support of your application and draft detailed legal representations. Finally, we will liaise with the Home Office until a final decision is made on your application.

Contact us for a case assessment on how to meet the requirements to apply for a Sole Representative of an Overseas Company visa.

Frequently Asked Questions (FAQs)

In order to be considered eligible for for this visa category, a candidate must:

  • Have enough money to support themselves in the UK without help from public funds;
  • Be able to the English language requirements (either by passing an approved English Language Test or proving that they hold an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to UK bachelor’s degree);
  •  Have extensive and relative industry experience and knowledge;
  • Have been an employee of that company outside the UK, whose headquaters and principal place of business are outside the UK, prior to to submission of the visa application;
  • Hold a senior position in within the company( but not as majority shareholder) and have full authority to make decision on its behalf;
  • Must intend to work as a full-time representative of that overseas business and not to undertake any other employment upon arrival in the UK; and
  • Intend to establish the company’s first commercial presence in the UK, e.g. a registered branch or wholly-owned subsidiary.

You must already have this visa as either:

  • a representative of an overseas business
  • an employee of an overseas newspaper, news agency or broadcasting organisation

You must also:

  • be working for the same employer as when you were issued your initial visa
  • be working to establish the company’s first presence in the UK
  • show your employer’s principal place of business is still in the UK
  • be in the UK to extend your visa

As a representative of an overseas business, you can apply for ILR (also known as settlement or permanent residency). This status entitles the holder to remain in the UK for an unlimited amount of time and gives them freedom to get employment or study whilst in the UK.

To apply for ILR, you must:

  • have permission to stay in the UK as a sole representative at the time of submitting your application;
  • be able to prove that your employer is still actively trading and based overseas;
  • have maintained yourself and any dependants in the UK without recourse to public funds at any point throught the five years;
  • be able to prove that you have established a UK registered branch or subsidiary of that overseas business and generated business as a result; and
  • prove that should you be granted ILR, you intend to continue in the job for which you were first granted leave to enter in the UK.

An applicant should not be outside the UK for more than 180 whole days in any 12 month period before the date of the application.

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