REPRESENTATIVE OF AN OVERSEAS BUSINESS VISA
The visa requires that you establish the first commercial presence of the company inside the UK, by opening a registered branch or subsidiary company in the UK.
The sole representative candidate must have been recruited outside the United Kingdom and must join the parent company abroad. The candidate has to be someone who has been employed by the parent company and holds a senior position in the company.
The candidate must be able to make decisions on behalf of the company.
The candidate must intend to work full-time for the UK branch/subsidiary of your company, and exclusively as the representative of your business.
Below we have outlined the requirements for the parent company and requirements for the employee:
1.Requirements for the Parent Company (overseas):
- The company must be registered outside of the UK and be actively trading.
- The company must not already have another representative, branch or subsidiary established inside the UK – the headquarters of the company and their principle base must be overseas.
- The registered branch or subsidiary company must operate the same type of business activity as the parent company abroad.
- The business must not intend to cease trading outside of the UK. A successful branch or subsidiary which outperforms the overseas business is allowed, as long as the parent company is still trading overseas.
2.Requirements for the employee:
- You as the employee must have been recruited and employed by the parent company, from outside of the UK.
- You must occupy a senior position in the company. The Home Office will expect to see the authority to make key operational decisions on behalf of the overseas business.
- We will assist in preparing documents to evidence your employment, experience and relevant track record in order to demonstrate why you have been appointed by the company as a sole representative in the UK.
- You must intend to work full-time and only as a representative of that overseas business. We will need to satisfy the Home Office you will not represent any other company or take up any other employment.
- You will not be able to work part-time or be self-employed under this route.
- You must not be a majority shareholder of the overseas business you are representing. Therefore, you cannot own more than 50% of shares in the parent company (we advise less than 30% in shareholding).
- You must show adequate maintenance and accommodation to maintain yourself and any dependants.
- English language requirement. You shall have to have a degree taught in English or have passed an English language test that is approved by the Home Office. Unless you are exempt based on nationality.
- Provided you meet the above requirements you will be granted residency for an initial period of 3 years.
EXTENSION AND SETTLEMENT AFTER THE SOLE REPRESENTATIVE VISA
After completing the initial period of entry clearance, you can receive an extension for a further 2 years, provided:
- The employee is still required to fulfil the same role i.e. the employee is still a representative of an overseas business. We must also demonstrate there is a genuine need for your position;
- The company is still registered, and their headquarters and principle place of business is outside of the UK;
- The employee must still adequately maintain and accommodate themselves and any dependants;
- The employee must not have been in breach of any immigration conditions during the initial period- i.e. no additional employment.
Subsequently you will be eligible for indefinite leave to remain at the 5-year point subject to meeting the Indefinite Leave to Remain requirements.
Dependants can come with the main applicant, provided that a genuine relationship can be evidenced (birth, marriage certificates etc.) and adequate maintenance is covered for each dependant.
– Spouse/Partner; and or
– Children under 18
Please note: Once you are settled in the UK, we are able to ensure any additional services you may require are catered for.
We also provide services to attain a Tier 2 licence for the company. The license allows the company to bring other representatives or hire foreign nationals to work for the company in the UK.