Extending leave as a Sole Representative of an overseas business
If an applicant meets the requirements, they are granted entry clearance as a sole representative of an overseas business for 3 years. The next question come into the mind is “how to further extend the leave after 3 years?”
An applicant can apply to extend the leave for further 2 years if;
- the parent company business headquarters and principal place of business remains outside the UK. Even if the UK branch/ subsidiary flourish and overshadow the parent company the purpose or intention cannot be to move the centre of business to the UK and cease trading outside the UK.
- the branch/ subsidiary is UK establishment and actively trading
- the branch is carrying out the same type of business activities as the parent company
- the parent company certifies that the person granted sole representative is still needed
The sole representative should stay employed full time on the senior position with the authority to take key operational decision on behalf of the overseas business. This can be evidenced by a certificate from the parent company.
An applicant must show that they are in receipt of salary from their employer by evidence of the salary paid in the previous 12 months along with a confirmation how that was paid
Proof of maintenance for applicant and any dependants
The business must have a genuine commercial presence supported by a certificate of registration for branch or certificate of incorporation for subsidiary from Companies House.
A genuine business activity can be shown through company accounts, invoices etc.
The sole representative must not take any other employment and hold majority of the shares in the overseas business throughout their employment.
Can I switch into a different category?
A sole representative can switch onto a Tier 2 General category if they are still working for the same employer named on their previous application as a sole representative of an overseas business
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Get in touch with our business immigration solicitors based in London for expert advice and assistance in relation to an application for sole representative visa.
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