How can I obtain ILR under the Sole Representative visa?
Individuals who are in the UK on the sole representative visa have the right to apply for settlement in the UK. Applicants can apply for indefinite leave to remain, (ILR) if they can meet with certain criteria as set out by the UKVI.
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What is Indefinite Leave to Remain (ILR)?
Indefinite leave to remain entitles you to remain in the UK indefinitely without any conditions being placed on your residence. You will be able to take up employment or study without any restrictions.
ILR is the precursor to applying for naturalisation as a British citizen. You will need to have held ILR status for at least a year before you can apply for British Naturalisation.
How can I qualify for ILR under the Sole Representative visa?
If you are the holder of a sole representative visa you must meet a number of conditions to be eligible to apply for ILR.
- You must have resided in the UK as the Sole Representative of an Overseas Business for a continuous period of 5 years. During that time, you must have always complied with your visa requirements.
As Sole Representative visas are initially only granted for a period of 3 years, you must have successfully applied for a 2-year extension in order to meet the required 5-year period for ILR.
- You must not have spent more than 180 days per year outside the UK
- You must demonstrate that you and any dependants in the UK have been financially sufficient and stable throughout the 5-year period without recourse to public funds
- You must prove that you have established a UK-registered branch or subsidiary and generated business
- Your employer must still have its principal place of business overseas and they must certify that you are still required to act as the sole UK representative of the overseas parent company
- You must demonstrate that you intend to continue working in the role for which you were initially granted a sole representative visa if your ILR application is successful
- You must have sufficient English language skills and pass the Life in the UK test
NA Law can help you obtain ILR under the UK Sole Representative visa
If you’re thinking about applying for ILR as a Sole Representative visa holder, it is crucial that you seek expert legal advice to ensure your application is successful. NA Law Solicitors is 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 with the requirements to apply for ILR under the Sole Representative of an Overseas Company visa route.