Sole rep visas are now a popular type of 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. In the more recent years this has become a more and more popular type and kind of visa bought / invested in by clients.
In order to qualify for a Sole Representative of an Overseas Business visa you will need to satisfy UK Visas and Immigration that your overseas company:
- Is an active and trading overseas business;
- Has its headquarters and principal place of business outside the United Kingdom;
- Has no other active branch, subsidiary or representative in the UK;
- Intends to establish a registered branch or wholly-owned subsidiary in the UK that will actively trade in the same business activity as the overseas business;
- The overseas business will not be established or the sole representative appointed. This is mainly for the purpose of facilitating the entry or stay of the sole representative;
- Intends to maintain the centre of its operations overseas.
From the above, are you able to set up a company?
For an employee to qualify for a UK Overseas Business Representative visa, the parent company must be an active and trading overseas business. The overseas parent company must have, and intend to continue to have, its headquarters and principal place of business outside the UK. If the parent company already has a branch, subsidiary or other representative in the UK then the business will be excluded.
Even where there is no representative in the UK, the business will be disqualified if the employee setting up the branch or subsidiary in the UK would involve the business effectively moving the centre of its business operations to the UK. The Home Office will also need to be satisfied. This is that the branch or wholly-owned subsidiary in the UK intends to actively trade. This tends to be in the same type of business as the overseas business and is not being established solely for the purpose of facilitating the entry and stay of the sole representative.
Choosing a Sole Representative of an Overseas Business visa candidate
The Sole Representative visa applicant must genuinely be an existing senior employee of the overseas business who was recruited and taken on as an employee of the overseas business outside of the UK. They will genuinely have the skills, experience and knowledge. This will be of the overseas business necessary to undertake the role of sole representative.
The Sole Representative visa candidate will have full authority to negotiate and take operational decisions and genuinely intend to be employed full-time as a representative of the overseas business. They must genuinely intend to not engage in business of their own or represent any other business’s interest in the United Kingdom.
Important – the conditions of stay
As with all categories of the immigration rules, a Sole Representative of an Overseas Business visa holder must comply with certain conditions of stay. Sole Representatives are only able to be employed by the company that sent them to the UK. It is not possible to have any other business interests. You cannot undertake any other part-time or consulting work in the UK on the side of employment for the business.
The application process and what you need to know about in this process
Your application for your UK Sole Rep Visa is carried out online. You’ll need to ensure you are ready to provide biometrics information as part of your application. At this point, you’ll also need to provide all documentation and proof you’ve gathered. Everything should be translated into English. This is for the Home Office to review if any of the documents are not in the English language.
You’ll also need to provide proof of English proficiency at the A1 level as part of your application. IELTS for UKVI is considered one of the secure English language tests you can complete ahead of time. Once completed, it will take from four to six weeks for your application to be approved. The earliest you can apply is three months before you intend to travel. You may be exempt from meeting the English language requirement. This is mainly if you are either from a majority English language speaking country. This can also be if you have completed a qualification in the English language.
Indefinite Leave to Remain
You may be eligible to apply for indefinite leave to remain after residing continuously in the UK for five years. The UK company must continue to be trading and the parent company’s headquarters must remain outside the UK. You will need to continue to receive the appropriate salary from your employer. The English language and Knowledge of life in the UK requirements will also have to be met. You will have to demonstrate yourself. That you have not been outside the UK for more than 180 days in any 12-month period.
Not finished there – other key requirements
You will also need to meet the English language requirement. This is often by passing an approved English language test to at least CEFR Level A1 (speaking and listening). You can also meet the requirement if you have a degree awarded in the UK. This is also the case if your degree meets the recognised standard of a bachelor’s degree in the UK.
Overall, you must have sufficient funds to maintain and accommodate yourself and any dependants without recourse to public funds. Depending on the country you are applying from, you may also need to provide a valid TB certificate. You should look into this ahead of this process getting underway.
Working with a dedicated team in London for this service
If you plan on applying for a Sole Representative of an Overseas Business Visa, seeking expert help can ensure you complete the process right the first time. As highly qualified immigration lawyers based in the UK, they can advise. They will be able to do this on your application to achieve the best possible outcome. Our team of immigration lawyers in London is on hand to support you in your visa application. Get in touch today to find out more.
