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Foreign companies planning to establish a company as a branch or subsidiary in the UK can send a senior employee of their company as a Sole Representative under the category of sole representative Visa UK.
Here is all you need to know!
Foreign company planning to establish a company as a branch or subsidiary in the UK can send a senior employee of their company as a Sole Representative under the category of sole representative Visa UK.
This commercial presence can be a registered branch or a wholly owned subsidiary concerned with the same kind of business activities as the parent company overseas. The parent company should have no branch, subsidiary, or other representative in the UK.
Visa Entitlements
In order to qualify for a sole representative Visa UK, an applicant must be hired and employed outside the UK by the foreign company they intend to represent in the UK. Applicant should have full authority to take operational decisions on behalf of the foreign business for the purpose of representing it in the UK. Applicant should also be able to meet the English Language Requirement. Which is English language test with at least CEFR level A1 in speaking and listening.
Successful candidates who comply with the requirements of sole representative Visa UK will be allowed to remain in the UK as a representative of an overseas business for a period of 3 years. Then, the applicant can apply to extend the stay for up to another 2 years. They will have free access to public schools, and National Health Service. Eligible dependants may also be able to work or study without any restrictions.
How many days are allowed to stay outside UK to apply for ILR?
In order to meet the constant residency requirement, an applicant in accordance with the Sole Representative Visa UK should not be outside UK for more than 180 days in any of the five consecutive 12 month periods, preceding the date of the application for Indefinite Leave to Remain (ILR). The specified continuous period is counted backwards from the date of the ILR application.
Rights of dependents
Dependents will be eligible to live and stay in the UK with the applicant. They can live and work in the UK without any limitations. They will be given leave in accordance with the expiry date of the main applicant’s leave.
Dependents will have the following conditions attached to their leave:
- No option to public funds; and
- Registration with the police, if applicable.
Conditions of Stay
Sole Representative Visa UK have the following conditions attached to applicants leave:
- Registration with the police, if applicable;
- Registration with the police, if applicable;
- Not to do business of their own, or represent any other company's interests.
Dependents will have the following conditions attached to their leave:
- No option to public funds; and
- Registration with the police, if applicable.
Processing Time
In accordance with the UK Home Office service standards for Sole Representative Visa UK applications, they decide 90% of non-settlement applications within 3 weeks, 98% within 6 weeks and 100% within 12 weeks of the application date.
Check your Eligibility
Can I apply for Sole Representative Visa if my company already has a legal entity in UK?
The company must have no subsidiary, branch, or any other representative in the UK. If the company has a legal entity in the UK, but this does not employ staff or transact business, the applicant may still be able to come here as its sole representative.
Applicants can be admitted under the Sole Representative Visa UK 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, and/or has identified and set up premises.
In order to meet the continuous residency requirement, applicant should not be outside UK for more than 180 whole days in any of the five consecutive 12 month periods, preceding the date of the application for Indefinite Leave to Remain (ILR). The specified continuous period is counted backwards from the date of the ILR application.
For example, if the date of application is 1st December 2013, the 12 months period would start from 1st December 2013 to 31st December 2012 and every consecutive year counting backwards.
The company must have no branch, subsidiary or other representative in the UK. If the company has a legal entity in the UK, but this does not employ staff or transact business, applicant may still be able to come here as its sole representative.
Applicants can be admitted as 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, and/or has identified and set up premises.
Dependants (including children under 18 years of age or husband, wife, civil partner, unmarried partner or same-sex partner) will be eligible to live and stay in the UK with the main applicant. They can live and work in the UK without any restrictions. They will be granted leave in line with the expiry date of the main applicant’s leave.
Dependants will have the following conditions attached to their leave:
No recourse to public funds; and
Registration with the police, if applicable;
- Applicants will have the following conditions attached to their leave:
- No recourse to public funds;
- Registration with the police, if applicable;
- Not to do business of their own, or represent any other company's interests.
The Immigration Health Surcharge (IHS) was introduced by the Home Office on 6th April 2015. People (non-EEA) coming to the UK for more than six months have to pay this health surcharge as a part of their immigration application towards the National Health Service (healthcare in the UK).
Offshore applicants will have to pay the health surcharge if they are applying for a visa for a period of longer than six months, and onshore applicant will have to pay the health charge for any length of visa.
Applicants will have to pay £150 per year as a student or £200 per year for all other visa and immigration applications. Dependants will usually need to pay the same amount as the main applicant. The exact amount they have to pay depends on how much leave they are granted. They can calculate how much they will have to pay before you apply. If the period of grant applied for is less than 6 months, then half of the yearly amount to be paid and if the period of grant applied for is more than 6 months, then whole year amount is to be paid.
Visa application will not be granted if applicants do not pay the healthcare surcharge or application will be delayed if the right amount is not paid.
Following persons are exempted to pay the IHS:
- Applicants applying for a Tier 2 (Intra-company Transfer) visa and their dependants;
- No recourse to public funds; Applicant under 18 who has been taken into care by a local authority;
- Applicants who arenationals of Australia or New Zealand;
- Applicants who arenationals of Australia or New Zealand;
- Dependant of a member of another country’s forces who is exempt from immigration control; and
- Applicants of a relevant civilian employee employed by North Atlantic Treaty Organisation (NATO) or the Australian Department of Defence in the UK and their dependants.
| Catagory | Postal | Priority | Overseas |
|---|---|---|---|
| Main Appplicant | £704.00 | N/A | £610.00 |
| Partner and Child (18years), applying together | £704.00 | N/A | £610.00 |
| Partner and Child, applying later | £704.00 | N/A | £610.00 |
Requirements for a Sole Representative of an Overseas Business visa
In order to qualify for a Sole Representative of an Overseas Business visa you will need to meet the requirements for UK Visas and Immigration that your overseas company:
- Are a genuine Representative of an Overseas Business.
- Have been hired and taken on as an employee of the overseas business outside of the UK.
- Are a senior employee of the overseas business.
- Are a senior employee of the overseas business.
- Have the knowledge, skills, and experience of the business necessary to undertake the role of sole representative of the overseas business in the UK.
- Have full authority to negotiate and take operational decisions on behalf of the overseas business.
- Do not intend to engage in business of your own or work for any other business
- Do not have a majority stake in, or otherwise own or control, a majority of the overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship, or any other arrangement.
- Can show English language ability to at least CEFR Level A1 (speaking and listening).
- Can show you can adequately maintain and accommodate yourself and your dependents in the UK, without recourse to public funds.
The exact requirements that you will need to satisfy will vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.
