9 August 2022

Sole representative of an overseas business extension requirements

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Individuals or senior employees living and working in the UK under the Sole Representative visa scheme are eligible to extend their stay, subject to meeting certain requirements. This visa allows businesses to deploy a senior employee to establish a commercial presence for the company in the United Kingdom.

Eligibility criteria for a sole representative visa extension

To apply for an extension, the sole representative of an overseas business must have leave to remain under this route.

In addition, the applicant must still be working for the same employer and act as a representative of the UK branch of the overseas business.

Furthermore, the business has its headquarters and principal place outside the UK.

Requirements for the extension of the sole representative of an overseas business

The visa holder will be eligible for an extension if he meets any of the following requirements

  • The applicant entered the UK under the sole rep scheme as a representative of a non-EEA business or a foreign organisation
  • The employer does not intend to relocate or open further branches in the UK
  • They have been recruited by the overseas employer to work full-time as its only representative in the UK
  • The employer certifies that the sole representative is still necessary for the employment in question
  • The sole rep has established and oversees the registered branch or wholly owned subsidiary
  • The project that necessitated the sole rep’s entry into the UK is still on-going and will remain active
  • The applicant must show that they have sufficient funds to finance their stay and support dependents without using public funds.

Documents required to extend a sole representative visa

The exact supporting documentation varies from case to case. In most instances, the applicant will have to present the following documents in support of an application

  • Passports and travel documents
  • Biometric Residence Permits (BRP)
  • Police registration certificates (if needed)
  • Bank statement
  • Salary receipts for the previous 12 months
  • Letter from employer
  • Evidence that business is trading genuinely

The authenticity of the evidence and documents have a huge impact on determining whether you get an extension or not.

When can I apply?

The applicant can apply for an extension after completing 3 years in the UK or with in last 28 days of their visa expiry.

The standard processing time for visa applications is around 3 weeks and for applications submitted within the UK is approximately 8 weeks.

In case of any ambiguity, the applicant will be required to attend interviews and verify supporting documents.

How long can a sole representative visa be extended?

If your extension application is approved, the visa will be further extended for a period of two years. It is important to apply for an extension before the current visa expires. Moreover, there is no limit on the number of times that a sole rep visa holder may extend their visa.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

A talented and dedicated public relations professional, Riaz, has more than 14 years of experience helping organisations communicate more effectively. He has developed strategic communications plans garnered extensive media coverage, produced marketing materials coordinated special events, and hosted other communications activities.

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