The requirements of Sole Representative of an overseas Business

• be recruited and employed outside the UK by an active and trading business (whose headquarters and principal place of business are, and will remain, outside the UK),
• hold a senior position within the business (but do not own or control the majority of it) and have full authority to make decisions on behalf of the parent company.
• have the skills, experience and knowledge to do the role,
• intend to establish the overseas business's first commercial presence in the UK, either as a registered branch or a wholly owned subsidiary,
• adequately maintain and accommodate yourself, and any dependants in the UK, without recourse to public funds.
• Knowledge of English at A1

Sole Representative of an Overseas Business visa documents list

• a current passport or other valid travel identification
• bank statements or payslips
• proof that you meet the English requirement at A1 level such as SELT English test or degree taught in English.
• the overseas business will set up a wholly owned subsidiary or register a branch in the UK in the same business activity as it runs overseas
• an employment contract
• a business plan
• are directly employed by the business and are not acting as a sales agent.
• were recruited to the business outside of the UK
• hold a senior position in the business,
• will be working full time for the business or subsidiary for the duration of your stay and will not carry out any other work
• do not own or control a majority of the overseas business
• your tuberculosis test results if you’re from a country where you have to take the test

How can we help with your visa application

Our immigration specialists have more than 10 years experience in Sole Representative of Overseas Business,  have helped hundreds of applicants successfully apply for their Representative of an Overseas Business visa.

Our service includes initial consultation, documents review, submission of application till the successful grant of your visa. We will represent you and ensure the smooth successful granting of your visa. 

Representative of an Overseas Business visa immigration rule has changed on 4th June 2020, the  application can be complicated depending on your personal circumstance, you may require professional advice to ensure the success of your application.

Book a consultation now at 0207 193 1996 or send us a free enquiry ! 

Q & A for Representative of an Overseas Business visa

What is representative of an overseas business visa?

It is the visa for an overseas business to send their senior employee to establish their presence in the UK.

How long can I stay with this visa?
The visa allows you to stay in the UK for 3 years initially. After that you can extend your visa for another two years if you meet the requirements for Representative of an overseas representative extension requirements. After being in the UK for five years, you can apply for permanent settlement.

How to make a Representative of an overseas business visa application?

You have to make an online application.

How much does the visa cost?

£610 if you apply from outside the UK.

£704 for the visa and £19.2 to have you biometric information taken if you apply from inside the UK.In addition, you must pay the healthcare surcharge £624 per year.

Can I bring my family member with me to the UK?
Yes you can bring your dependants with you. A dependant is any of the following: your husband, wife, partner or your child under 18.

Noted that your husband, wife or partner cannot come to the UK as your dependant if they own or control a majority of the overseas business you will be representing.

Can I switch to Representative of an Overseas Business visa in the UK ?

Yes, except you are on the following visa category:

• as a Visitor
• as a Short-term Student
• as a Parent of a Child Student
• as a Seasonal Worker
• as a Domestic Worker in a Private Household • outside the Immigration Rules,

Under current coronavirus policy, UKVI allows people who is on the above visa temporarily to switch to this category. This policy will be changed at any time, please contact us for the further advice.

What can I do if my application is refused?

You can apply for an Administrative Review under Appendix AR: Administrative Review.

What does not count as a Sole Representative?

Sole Representatives cannot be:

• an agent hired to market the business’s products in the UK (they are normally self-employed and provide services for a fee)
• a sales representative or buyer who only fulfils that role for the business: however, senior sales staff who are also responsible for other functions, for example, marketing and distribution, may qualify as a sole representative of an overseas business
• a secretary or personal assistant accompanying a Sole Representative

How many representatives can an overseas business have in the UK ?

One may be admitted, and then later apply for a sponsor licence to allow other employees to join them under the Skilled Worker or Intra-Company routes of the points-based system.

What is required for my business to be ‘overseas’?

The overseas business must be a genuine active and trading commercial enterprise with its principal place of business outside the UK. The type of business must be the same as the intended branch or who’ll-owned subsidiary in the UK. Your business must intend to keep its main centre of business outside of the UK.

Are there any salary requirements for Sole Representative?
There is no fixed salary amount requirement but the salary and other benefits must be appropriate for a senior employee in the business and relatively higher than other employees’ salaries as long as the salary element is enough to support the applicant and their family without access to public funds.

Can the representative work for part-time and work for other business?

No. the Sole Representative must work full-time. The overseas business must be paying a full-time salary and cannot work for other business.

Can I have more than one representative in the UK at the same time if my business is in media?

Yes, you can have more than one.

Who can apply for Sole Representative of an overseas business visa  as media representative?

They are usually journalists, but may be other employees, for example:

• producers
• news cameramen
• front-of-camera personnel

Can a founder of a business be an employee?

Yes in some circumstances (for example, they may have founded a business and then subsequently sold their shares to an investor but continued to hold a role in the business).

Can a self-employed person who works for the overseas business be a Sole Representative?
No, they cannot even if they are providing their services to that business under contract. They must be subject to an employment contract.

Can a director of the business they represent be a Sole Representative?
They must also be an employee with a genuine employment contract.

What does not count as an active branch subsidiary in the UK?

If the overseas business has undertaken any activity in the UK towards the establishment of a new branch before sending a Sole Representative, these activities should not normally go beyond the following:

·     creating an independent legal existence as a legal entity

·     setting up a bank account

·     identifying and setting up business premises

What  a representative of the overseas business can not act as?
These are examples:

• a broker or sales commission agent (either an individual or a business)
• a distributor, selling on a commission basis.
• a distributor buying the overseas business's products and on-selling
• an individual or a business finding sales leads and passing them back to the overseas business.

What does not count as a Sole Representatives?
Sole Representatives must not be party to any other arrangement in relation to the overseas business whereby they are effectively the majority owner, controller, or the main beneficiary of that business, even though they may not actually own more than 50% of the business. For example, an applicant would be ineligible if a silent partner owns the majority of the overseas business but has agreed to give majority control and profits to the applicant.