Applicants who obtain this sole rep visa can set up either a UK Branch or wholly-owned subsidiary as long as the primary business activity remains mainly in the UK. The best course of action is, therefore, to be prepared and understand that the purpose of this kind of visa. It also pays to know of all of the small print. You need to know of any shortfalls and any grey areas too for a sole rep visa for your needs.
What is a Sole Representative of an Overseas Business sole rep visa? The Sole Representative of an Overseas Business visa allows a senior employee of an overseas business to come to the UK to set up and run a UK branch or wholly-owned subsidiary of the overseas parent company.
Requirements for a Sole Representative visa to the UK
The main thing for you is not to own more than 50% shares of the parent company. Besides, you must have a relevant education, experience and skills to run a UK subsidiary. This too is key so you are able to prove the business will be a success too.
The employee must be hired by the head office to be their sole representative in the UK with necessary powers to carry out your duties. To add to this, you must work nowhere else but for the British subsidiary as this does get ignored. It may help to look in more detail on this so you know the process and how it works. It is best to know this so there are no hiccups later on.
A Home Office caseworker must be 100% sure that a successful foreign business is planning to set up its branch or subsidiary in the UK for the sole purpose of expanding its operations abroad and not for relocation purposes. Therefore, it is important to submit a well-prepared business plan with your application explaining what you are going to achieve and how you are going to do it.
There is still more you need to know such as the following;
- Health is of great importance.
- A representative of an overseas business cannot have criminal convictions or breaches of immigration laws.
- You must have enough money to support yourself and your family in the UK without applying for government benefits.
- Your English skills must be at level А1 of the European classification to enable you to work and communicate with people on a daily basis.
Eligibility requirements
In order to be eligible for such a visa you need to for sure take note of the following:
- It helps for the application to be made outside the EEA; this is a key detail often forgotten.
- The applicant must be able to support themselves financially throughout the visa period without help from public funds; and
- The applicant must meet the ‘English language requirement’ (i.e. have sufficient knowledge of the English language). Evidence will be required by either passing an approved English language test, or having a recognised academic qualification that was taught in English (something equivalent to a bachelor’s degree in the UK) or being a national of an English-speaking country.
Content you need to show
To add to this, you would need to show that:
- The company has its headquarters or principal place of business outside the UK. In terms of evidence, we will need to provide a full description of the company’s activities. This includes details of the company’s assets and accounts and the company’s share distribution for the previous year;
- The applicant is a senior employee of the overseas business. The supporting documents would be the contract of employment (appointment letter), together with confirmation of salary. We would also need to provide a separate job description for the UK company, which we can review.
- There is an intention to work full-time as the representative of the overseas business. Hours per week are not relevant to this.
- The applicant is not a majority shareholder of the overseas business.
- The overseas company does not already have a branch or subsidiary in the UK. It is not recommended finding premises, incorporating or starting trading in the UK before the visa is granted.
- The applicant has been engaged by a business outside the UK on a long-term assignment in the UK to represent that business. We can evidence this through a new appointment letter to the UK.
- There is full authority to take operational decisions on behalf of the overseas business for the purpose of representing it in the UK. We would need to provide a written confirmation by the company.
- The UK branch will be concerned with the same type of business activity as the overseas business. We will need to provide a letter which confirms the company will establish a wholly-owned subsidiary or register a branch in the UK in the same business activity as the parent company.
- There is no intention to take up any other employment (i.e. other than for the overseas business). You could only work in the UK as a representative of the overseas business.
- The financial position (including the ability to support the family) is such that there would not be recourse to public funds. I understand that this is not an issue.
Key points to remember
After this it must then extended for a further two years to the five year point, at which the visa can apply for indefinite leave to remain. One year after that, you would have the option to apply to naturalise as a British citizen. Dependents follow the same pathway to settlement and citizenship. The idea behind this visa route is that you can apply to come to the UK as a representative of an overseas business if you are planning to set up a UK branch or a wholly owned subsidiary for an overseas parent company. Look to get several quotes as there are numerous companies able to deliver this service. These law firms are out there all over the place. This is a service offered right across all areas of the UK, nationwide.
