If you currently hold a Representative of an Overseas Business visa and need to extend your stay in the UK to continue building your company’s UK presence, this guide explains the extension process, eligibility requirements and why specialist legal support is essential. Although the route is now closed to new applicants, existing Sole Representative visa holders can still extend their permission and eventually apply for indefinite leave to remain (ILR) after 5 years of continuous residence.

Key points at a glance

• The Sole Representative (Representative of an Overseas Business) route is now closed to new applicants, but existing visa holders can still extend and later apply for settlement.
• An extension is normally granted for a further 2 years, taking you to around 5 years’ residence and a potential route to indefinite leave to remain (ILR).
• The rules are strict and closely scrutinised, so strategic preparation with an experienced solicitor is critical.

What is a Sole Representative visa extension?

A Sole Representative visa extension allows an existing Representative of an Overseas Business visa holder to remain in the UK to continue overseeing their overseas company’s first UK branch or subsidiary. This is often the key stage where the business moves from initial set‑up to sustained commercial activity in the UK market.

After 5 years in the UK on this route (typically 3 years’ initial permission plus a 2‑year extension), you may be able to apply for ILR, provided all immigration and residence requirements have been met throughout.

When you should consider a Sole Representative visa extension

You should consider applying for an extension if:

• Your current Sole Representative visa is approaching its expiry date (typically after 3 years) and you wish to continue working in the UK.
• Your overseas employer still needs you to manage and develop the UK branch or subsidiary.
• The UK operation is now actively trading and you need more time to consolidate growth before pursuing ILR.
• You plan to apply for settlement after 5 years and need the additional 2 years of lawful residence to qualify.
• Your family members (partner and children) also wish to extend their dependant visas alongside your application.

Early planning is essential—ideally 3 to 6 months before your visa expires—so any issues with trading activity, role changes or documentation can be corrected in advance.

Who is eligible to extend?

You may be eligible to extend your Sole Representative visa if:

• You currently hold valid leave as a Representative of an Overseas Business and are in the UK.
• You still work for the same overseas employer that appointed you as their representative.
• You continue to occupy a senior role with authority to make decisions on behalf of the overseas business.
• The UK branch or subsidiary is genuinely established and actively trading.
• The overseas company’s headquarters and principal place of business remain outside the UK.
• You are not a majority shareholder and you have not taken on other employment in the UK.
• You meet the financial requirement (showing you can support yourself without recourse to public funds) and have suitable accommodation.

NA Law Solicitors can review your position against these criteria and highlight any issues that need to be addressed before you apply.

Step-by-step: How the extension application works

1. Gather and organise your evidence

Collect updated business documents (accounts, bank statements, contracts, invoices), employer letters confirming your continuing role, and proof of your senior decision-making authority.

2. Complete the online application form

Submit your application on the UK Government portal (gov.uk/representative-overseas-business), pay the Immigration Health Surcharge and application fee, and book your biometric appointment.

3. Attend your biometric appointment

Provide your fingerprints and photograph at a UK Visa and Citizenship Application Services (UKVCAS) centre; you may also scan and upload supporting documents at this appointment.

4. Wait for the Home Office decision

Standard processing typically takes 8 weeks, though priority and super-priority services may be available for faster decisions.

5. Receive your decision and Biometric Residence Permit (BRP)

If approved, you will be granted a further 2 years’ leave; collect your new BRP from your chosen Post Office or UKVCAS location.

6. Plan for settlement

After completing 5 years on the route, you may be eligible to apply for ILR, subject to meeting all continuous residence and other requirements.

Requirements and supporting documents

To support your extension application, you will typically need:

Employer evidence

• A detailed letter from your overseas employer confirming your continuing role, responsibilities, salary and authority to make decisions for the UK operation.
• Up-to-date organisational charts showing your senior position and reporting lines.

Business trading evidence

• UK company or branch registration documents.
• Management accounts, filed accounts (if available) and bank statements for the UK entity showing genuine trading activity.
• Examples of commercial contracts, invoices, sales records and correspondence with UK clients or suppliers.

Overseas parent company evidence

• Proof that the parent company’s headquarters and principal place of business remain outside the UK (e.g. overseas incorporation documents, accounts, tax filings).
• Evidence that you are not a majority shareholder in either the UK or overseas business.

Personal financial and accommodation evidence

• Bank statements or payslips showing you meet the financial requirement.
• Tenancy agreement, mortgage statement or accommodation letter confirming suitable housing in the UK.

Previous immigration documents

• Your current BRP, passport and any previous grant letters.

Common pitfalls to avoid:

• Lack of genuine trading: Insufficient evidence that the UK operation is actively conducting business.
• Role changes: Taking on duties that no longer qualify as “senior” or “representative,” or working for a different employer.
• Ownership issues: Becoming a majority shareholder or the overseas parent losing operational control.
• Gaps in documentation: Missing contracts, incomplete accounts or unexplained periods without trading activity.

Costs, timelines and practical tips

Application fees and costs

• Visa application fee: Currently around £719 (subject to change; check gov.uk for the latest fee).
• Immigration Health Surcharge (IHS): Approximately £1,035 per year of leave granted (£2,070 for a 2-year extension), payable at the time of application.
• Legal fees: Solicitor fees vary depending on complexity; expect £1,500–£3,500+ for full application support, document review and legal submissions.
• Priority services (optional): Fast-track processing may cost an additional £500–£800 or more.

Typical timelines

• Standard processing: 8 weeks from biometric appointment.
• Priority service: Typically 5 working days (subject to availability).
• Super-priority service: Next working day decision (subject to availability and additional fee).

Do’s and Don’ts

Do:

• Apply well before your current visa expires to avoid gaps in your lawful status.
• Keep meticulous records of your role, decisions and the UK operation’s trading activity from day one.
• Seek legal advice early if there have been any changes in your role, salary, ownership structure or the parent company’s circumstances.
• Ensure your dependants apply at the same time if they also need extensions.

Don’t:

• Wait until the last minute—late applications can result in lapses in status and complicate future settlement applications.
• Assume minor changes (e.g. a new job title, slight shift in duties) are irrelevant—these can affect eligibility if not properly explained.
• Submit incomplete or unclear evidence—the Home Office may refuse without requesting further information.
• Take on other employment or become a majority shareholder, as this will breach the route’s requirements.

Why it is imperative to use a specialist solicitor

The Sole Representative route is a legacy, high‑scrutiny category, so refusals at extension stage can be very damaging for both the individual and the business. Using a specialist solicitor reduces risk and ensures your case is presented clearly to the Home Office.

Complex, fact‑sensitive rules

The Home Office closely examines trading activity, overseas control and your role, and even small changes in structure, ownership or duties can affect eligibility if not properly explained.

High stakes for business and settlement

A refusal can disrupt UK operations, harm client relationships and block or delay ILR for you and your family, whereas a managed strategy safeguards both expansion plans and immigration goals.

Strategic presentation, not form‑filling

Outcomes often turn on how the group structure, commercial rationale and division of responsibilities are presented, and a solicitor can draft targeted legal submissions that address likely Home Office concerns.

Alignment with newer routes

With the route closed to new entrants, extensions often need to dovetail with options such as Global Business Mobility – UK Expansion Worker, and specialist advice keeps your wider UK immigration strategy coherent and compliant.

When to get professional help

You should seek specialist legal advice if:

• Your role, salary or responsibilities have changed since your initial grant.
• The UK operation has experienced trading difficulties, restructuring or changes in ownership.
• You or your overseas employer have concerns about whether the business still meets the “genuine trading” or “overseas control” tests.
• You have had previous visa refusals, immigration breaches or gaps in your UK residence.
• You need urgent priority processing and want to minimise refusal risk.
• You are planning ahead for ILR and want to ensure your extension application supports that long-term goal.

NA Law Solicitors can assess your circumstances, identify risks and prepare a robust application that maximises your chances of success.

How NA Law Solicitors can help

NA Law Solicitors has specific experience advising Sole Representatives and overseas companies on extensions, ILR and long‑term business immigration planning. Support can include:

• Eligibility and risk assessment – A clear view of whether you still meet the rules and where the Home Office might raise questions.
• Application strategy and legal submissions – Tailored representations that explain your business model, group structure and ongoing need for a senior representative in the UK.
• Joined‑up support for family and business – Coordinated planning for dependants’ extensions/ILR and for any additional business immigration routes your organisation may need.

If you are approaching the end of your initial Sole Representative permission, early advice is essential so that any issues can be corrected before applying.

Conclusion: Secure your UK future with confidence

Extending your Sole Representative visa is a critical milestone on the path to settlement and long-term business success in the UK. With the route now closed to new applicants, existing visa holders must navigate strict eligibility rules and provide comprehensive evidence of genuine, ongoing trading and senior decision-making authority. Early preparation, meticulous documentation and expert legal guidance are essential to avoid refusals and keep your UK expansion—and your family’s future—on track.

Contact NA Law Solicitors today for a confidential consultation about your Sole Representative visa extension.

Sole Representative visa extension FAQs

Is the Sole Representative visa route still open?

The Representative of an Overseas Business route is closed to new applicants, but existing visa holders can still extend their permission and later apply for settlement if they meet the rules.

How long can I extend my Sole Representative visa for?

Most applicants can extend their visa for a further 2 years after an initial 3‑year grant, giving 5 years’ residence in the UK before becoming eligible to apply for ILR.

When should I apply to extend my Sole Representative visa?

You should apply before your current permission expires, typically towards the end of your initial 3‑year period, to avoid overstaying and to allow time for Home Office processing.

Can I change employer and still extend my Sole Representative visa?

No, you must normally still be employed by the same overseas business that originally appointed you as its representative and continue to act in that capacity.

Does my business need to be actively trading in the UK for an extension?

Yes, the UK branch or subsidiary is expected to be genuinely established and actively trading while the parent company’s main operations remain outside the UK.

Can my family members extend their visas with me?

Your partner and children under 18 can usually extend as your dependants, but each must submit their own application; their leave does not extend automatically when yours does.

Why should I use a solicitor for my Sole Representative extension?

This is a legacy, high‑scrutiny route and refusals can seriously disrupt both your UK operations and your path to settlement, so a specialist solicitor is crucial to assess eligibility, manage risk and present a well‑structured application.

Can I do the application myself?

While it is legally possible to apply without a solicitor, the Sole Representative route has strict, fact-sensitive requirements and a high risk of refusal if evidence is incomplete or unclear. Professional representation significantly improves your chances of success and helps avoid costly delays.

What are common reasons for refusal?

Common refusal reasons include: insufficient evidence of genuine trading, failure to demonstrate senior decision-making authority, changes in role or employer, the overseas parent company no longer being the principal business, and incomplete or inconsistent documentation.

Can I appeal if my extension is refused?

There is no right of appeal for most Sole Representative extension refusals; instead, you may be able to request an administrative review if there was a caseworker error, or you may need to submit a fresh application addressing the refusal reasons.

What happens to my immigration status while I wait for a decision?

If you apply before your current visa expires, your leave is automatically extended under Section 3C of the Immigration Act 1971 on the same conditions until a decision is made, meaning you can continue working lawfully while you wait.