The representative of an overseas business is an immigration route is designed for individuals who are either looking to set up a wholly owned subsidiary or register a UK branch for an overseas parent company. It is also the appropriate route for individuals who have been posted by their employer on a long-term assignment to the UK as an overseas.
The Representative of an overseas business route used to be called the Sole Representative of an overseas business. The term Sole Rep Visa is still a popular term used to refer to the Representative of an overseas business visa category.
A major consideration with this immigration route is that the sole rep (migrant) must have been recruited outside the UK by an overseas company whose principal place of business is not in the UK.
The following are requirements that an individual seeking entry clearance as a sole representative of an overseas business needs to meet.
The prospective sole representative may be an overseas newspaper, news agency or broadcasting organisation sent to the UK on a long-term official work by an overseas business as its only representative
The application must show that the applicant intends to and will be the only representative of the overseas business in the UK. It is important to note, that the sole rep must not be a majority shareholder in the overseas company.
Entry clearance applications under the representative of an overseas business visa category must show that the sole rep intends to engage in the business full time whilst in the UK and will not take up any additional job.
The applicant must also demonstrate sufficient competence of the use of English language. Paragraphs 2(b) or 2(c) specifies competency to the basic user standard in addition the applicant been able to converse using everyday expressions.
Meeting the English language requirement also means that they must pass an approved English language test (IELTS). The certificate must clearly show the applicant's name, qualification and award date.
The sole rep must have successfully completed an academic qualification deemed to be an equivalent of a bachelor's degree by UK NARRIC. Such an academic qualification must not be a professional or vocational qualification. The qualification must also have been taught in English.
The applicant would also need to show that they can support themselves financially in the UK without recourse to public funds.
Feel free to contact us if you have any immigration enquiry. Alternatively see our frequently asked questions on the representative of an overseas business visa route.
You will be able to make an entry clearance application as a Representative of an overseas business if you are: -
Importantly, the representative (of the overseas business) would not be able to take on any additional employment. S/He will only be able to work for the overseas based company that recruited him/her.
The requirements for the Sole Representative visa depend on whether the entry clearance application as a representative is as a representative of an overseas parent company, or as a representative of an overseas newspaper, news agency or broadcasting organisation.
Representative of an Overseas parent company
Please note that you will not be eligible to apply under this route if you are a majority shareholder of the overseas company. Only senior employees are allowed to apply under this route. This is because the sole rep visa route requires that the sole rep should have full authority to make top level business decisions for the company and would not only be able to accept responsibilities for decisions taking, they would not always need to revert to the headquarters every time a decision is to be made.
It is also important that no other representative (of the overseas business) is currently resident in the UK as at the time of the application. The company must have had no branch, subsidiary or any individual presence in the UK prior to making the application. An exception to this is where the company is registered in the UK but does not currently employ any staff or transact business.
Where you are coming to replace a sole rep who has just left the country before the he UK branch or subsidiary has found premises or started to trade, the UKBA may allow you to come to the UK as a replacement sole representative.
The sole rep would also need to meet maintenance and English language requirements.
We would consider it an advantage for the sole rep to have held a similar role in another country and/or is familiar with best practices around the world.
Representative of an overseas newspaper, news agency or broadcasting organisation.
You can apply for a visa as an employee of an overseas newspaper, news agency or broadcasting organisation if you are being posted in the UK on a long-term assignment as a representative of your overseas employer.
The overseas business do not need to show any strong financial standings to make a Sole rep visa application for any of their senior employees; neither does the sole rep need to have or provide any financial resource for the establishment of the UK branch while making an application. It is expected that the parent company will fund such activities. The role rep however, would need to show that they are able to take care of themselves while in the UK by meeting the general maintenance requirements.
If the Representative of an Overseas business visa is successful, the applicant will normally be granted a leave for about 2 years where the leave was granted on or after October 1st 2009; or for three years, where the leave was granted before the 1st October 2009. The application will be able to make an extension application at the expiration of the initial grant of leave.
If your visa to enter the UK as a Sole Rep is refused, you will be able to challenge the decision by making an appeal to the First Tier Tribunal. You should endeavour to file the appeal within 28 days the date on the refusal letter.
You will be able to apply for an extension of a representative of an overseas business visa if your last leave was granted as a representative of an overseas business.
The Sole rep application form is the FLR (BUS) and the applicant must evidence that they continue to meet the requirements in the initial application and their sponsoring company (the overseas business) is still happy to keep them employed in the overseas branch.
It is important to note that media and/or publishing houses are allowed to have more than one representatives in the UK as long the applicants (representatives) are journalists, news cameramen, or front of camera personnel.
It would be wise to include evidence of the above requirements as supporting documents in your extension application.
An advantage of this route is that the Sole is able to remain in the UK even if the circumstances of parent company has changed; as long as they have been in the UK for more than 2 years.
Generally, the length of leave under this visa category is 2 years (after the initial application which is for 3 years). However, you may be eligible for a 3 year leave to remain if your last leave was issued before October 1st 2009.
You can apply for an Indefinite Leave to remain in the UK if your last leave to remain is as a representative of an overseas business and/or as an overseas media or sole representative. It is important that you have and continue to meet all the conditions and requirements for your current leave to remain (as a Representative of an overseas business). For example, you must have and still be trading and your principal place of business is still overseas.
If you are looking to apply for an ILR under the sole rep route and your current leave to remain is as a representative of an overseas media, you will need to submit an ILR application using the application form SET (BUS). Where your current leave is as a representative of an overseas media house (journalists, journalists, news cameramen, or front of camera personnel), you will need to making an application for settlement using the SET (O) application form.
To qualify for settlement under the sole rep route, you must meet for following requirements
Our business immigration lawyers boast of over 30 years experience in business immigration law and are able to assist you with your application. Should you have any questions or want to make an application under this route, feel free to contact us today. We offer a free initial consultation over the phone. Call us now on the number at the top of this page.
Representative of an Overseas business extension
If your current leave to remain is as a Representative of an overseas business, you will will be able to extend your stay if:-
The immigration rules have specified who a dependant is as someone is a partner or child of the main applicant. Please note that the entry clearance as dependants, the child must be under the age of 18. Child dependants over the age of 18 may still qualify as dependants as long as they reached the age of 18 in the UK as child dependants of the main applicant.
If you are looking to come to the UK as a dependant of a Representative of an overseas business, you have to be over the age of 18 (with the exception of child dependants). As mentioned above, child dependants over the age of 18 may still be deemed as dependants if they have become over 18 in the UK.
Note also, that child dependants under this route would have to be at most 18 years old as at the time of entry into the UK. While other dependants must be over the age of 18 as at the date of entry clearance into the country.
Importantly, a child born to someone who is a dependant under this route can apply also as a dependant in the same application.
From 01-10-13, it became possible to switch into this category as a dependant of a sole representative (as the route used to be called). The only instances where switching under this category is not possible is where the applicant is currently in the country as a visitor or on temporary admission/release.
If your current visa in the UK is as a dependent of a representative of an overseas business, you should be able to renew your visa so long as you continue to meet the conditions and requirements of your current leave. Understand that your visa to the UK is on the basis of the main applicant, therefore, extension will be in line with the main applicant as well.
You should be able to apply for settlement (Indefinite leave to remain) when the sole rep is applying for his/hers. Importantly, you both should have been resident continuously and lawfully in the UK for a period of 5 years.
If you have continuously resided in the United Kingdom for a period of 5 years as a sole representative of an overseas business, you may qualify for ILR if you have not fallen short of the requirements and conditions of your leave throughout the 5 years period (of continuous residence). You must also have been in employment with the overseas business in this time and are able to evidence same with P60s and payslips over the 5-year period. And you have duly established a branch or subsidiary in the UK and the parent company is still actively trading.
If your sole rep visa is as a representative of an overseas newspaper, news agency or broadcasting organisation, the appropriate application form with be the Form SET (O). Whereas if your current sole visa is based on your representation of an overseas business, you will be applying using the SET (BUS).
Still unsure? Please view our frequently asked questions on ROB visas or contact us on 02037442797
The sole representative of an overseas business is not known as Representative of an overseas business. This route may be necessary for those who either a) intend to set up a wholly owned subsidiary or register a UK branch for an overseas parent company or b) were posted by their employer on a long-term assignment in the UK as an overseas media employee employed by an overseas newspaper, news agency or broadcasting organisation.
The qualifying period for settlement as the sole representative of an overseas company or overseas media employee is 5 years.
– You must be recruited and employed outside the UK by the employer whose intention is for you to represent them in the UK;
– Your intend to work full-time for the organisation and must not intend to take any other employment;
– You must be based mainly in the UK and working on a UK long-term assignment;
– You must meet the maintenance requirement;
– You must meet the English language requirement;
– Applicants are usually journalists, but may be other employees, for example: producers, news cameramen, front-of-camera personnel.
An overseas media company can have more than one representative in the UK at the same time.
The sole representative of an overseas business is not known as Representative of an overseas business. This route may be necessary for those who either a) intend to set up a wholly owned subsidiary or register a UK branch for an overseas parent company or b) were posted by their employer on a long-term assignment in the UK as an overseas media employee employed by an overseas newspaper, news agency or broadcasting organisation.
The qualifying period for settlement as the sole representative of an overseas company or overseas media employee is 5 years.
– You must be recruited and employed outside the UK by the employer whose intention is for you to represent them in the UK;
– Your intend to work full-time for the organisation and must not intend to take any other employment;
– You must be based mainly in the UK and working on a UK long-term assignment;
– You must meet the maintenance requirement;
– You must meet the English language requirement;
– Applicants are usually journalists, but may be other employees, for example: producers, news cameramen, front-of-camera personnel.
An overseas media company can have more than one representative in the UK at the same time.
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