Sole Representative Visa
A sole representative visa is one of the most suitable routes for businesses to establish a commercial presence in the UK. The visa route allows opening a UK branch or subsidiary of an overseas parent company which must be a genuine commercial enterprise with its principal place of business outside the UK.
You can apply to come to the UK as a sole representative of an overseas business if you’re:
- an employee of an overseas company planning to set up a UK branch or a wholly-owned subsidiary for an overseas parent company
- an employee of an overseas newspaper, news agency or broadcasting organisation posted on a long-term assignment to the UK
A sole representative must have been employed by the company directly at the point at which initial entry clearance is applied for.
Who can be the sole representative?
The sole representative must have the authority to take the majority of key operational business decisions locally. They can have responsibility for establishing and operating a restricted branch or wholly-owned subsidiary of the company abroad. When considering this, the entry clearance officer takes into account documents that detail:
- the applicant’s contract of employment
- the applicant’s job description
- the employer’s business plans
- other confirmation from the employer that, whilst in the UK, the applicant will have authority to make business decisions on behalf of the company, to establish and operate a registered branch
Qualified Business
The route of the sole representative is an excellent opportunity for businesses outside the UK to set up a branch or subsidiary in the UK. A business that has already employed someone in the UK may not qualify for a sole representative category.
The parent company must be genuinely trading with a primary principal place of business is outside the UK. The business must provide evidence of trading, turnover, details of registered offices and shareholders.
In some situations, the parent company may have used a broker, commission agent, distributor, either an individual or business which are not regarded as sole representatives in line with the current Immigration Rules.
Visa Application
Upon a successful application, the applicant will be granted an entry clearance of 3 years which can be extended by a further 2 years. The applicant may qualify for indefinite leave to remain in the UK after 5 years of continuous leave under the category.
If an applicant meets the requirements, they are granted entry clearance as a sole representative of overseas business for 3 years. The next question comes to mind is “how to further extend the leave after 3 years?”
An applicant can apply to extend the leave for a further 2 years if;
- the parent company business headquarters and principal place of business remain 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 a 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
Visa Extension
The initial sole representative visa is given for 3 years and could be extended for a further 2 years (or 3 years, if the applicant was granted leave prior to 1st October 2009). Following this, an applicant can make an application for indefinite leave to remain (ILR) in the UK.
At the point of extension, evidence of the commercial activity of the UK company must be presented to show that the company has been set up in the UK, legally registered and actively trading in the UK. Usually, this can be done by providing company accounts, contracts, invoices, tax returns and so on.
There is no requirement for the company to generate a minimum level of turnover. However, the company in the UK must be stable enough to support the Sole Representative and its ongoing commercial enterprise inside the UK. It is also important that the overseas company have its main centre of operations outside the UK throughout the five-year period, and that the conditions attached to the last leave have been breached.
Settlement
After 5 years’ continuous residence in the UK, a Sole Representative visa holder may qualify for Settlement/Indefinite Leave to Remain (ILR) in the UK and subsequently for UK citizenship. Dependent wife and children can also apply for Settlement in line with the Sole Representative and then for UK citizenship.
To qualify for ILR a Sole Representative visa holder must still continue to meet the requirements as set out above for the visa extension, and in addition, you will also need to:
- have sufficient knowledge of the English language and life in the UK;
- have a continuous period of five years’ residence in the UK;
- not have been absent from the UK for more than 180 days in any of the five years prior to the date of application.
To qualify for UK citizenship you must already hold an ILR for at least 1 year, you must not have been absent from the UK for more than 450 days during the 5 years preceding your application (out of the 450 days, in the final year you can be absent for no more than 90 days) and you must be of good character.
Help for a sole representative visa
We are able to offer assistance to sole representative applicants for business plan assessment, writing, visa application and interview preparation. We have experienced business immigration solicitors, who provide prompt and cost-effective advice to any individual applying for a sole representative visa from overseas or within the U. By making an appointment with one of our business immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today. We will assist you with all aspects of business immigration law, including applying for an initial application to extension or settlement. If you wish to discuss, please phone our London office on 0203 909 8399 or contact us online.
Frequently Asked Questions
Can I switch to a different category?
A sole representative can switch onto a skilled worker visa category if they are still working for the same employer named on their previous application as a sole representative of an overseas business
Can a sole representative be a shareholder?
A majority shareholder in the parent company is not eligible to apply for a sole representative visa.
Does it have to be a product or service-based business?
Current rules do not restrict the nature of business; however, a business needs to demonstrate that the UK has a potential market of their products or services.
Can I still apply if I was a major shareholder in the past?
You can apply for a sole representative visa if you are not a majority shareholder in the business at the time of making an application but holds a senior position and able to make a key decision.
How can I challenge the refusal of my Sole Representative visa application?
You can challenge the refusal of your entry clearance application as a sole representative of overseas business by filing an administrative review of the refusal of the entry clearance application.
Can I switch into sole representative of an overseas business visa from inside the UK?
No, you cannot switch into this category from inside the UK and must apply for entry clearance from outside the UK.
Can I apply for sole representative of an overseas business visa if I have already set up a branch office in the UK?
The Home Office UKVI can admit a sole representative after a branch is established in the UK, as long as that branch:
- exists only as a legal entity
- has set up a bank account
- has identified, and set up, premises
The Home Office UKVI can grant entry clearance to an applicant only where:
- no staff are employed
- the branch has not yet transacted any business
An example might be when the company has set up as a legal entity in advance of the company’s expansion into the UK.
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