SOLE REPRESENTATIVE OF AN OVERSEAS COMPANY VISA
Overseas company intending to establish a commercial presence for the company in the UK can send a senior employee of their company as a Sole Representative under the sole representative Visa UK category.
This commercial presence may be a registered branch or a wholly owned subsidiary concerned with the same type of business activity as the parent company. The parent company must have no branch, subsidiary or other representative in the UK.
In order to be eligible for a sole representative Visa UK, an applicant must be recruited and employed outside the UK by the overseas company they intend to represent in the UK. Applicant should have full authority to take operational decisions on behalf of the overseas business for the purpose of representing it in the UK. Applicant should also able to meet the English Language Requirement.
Visa Entitlements
Successful applicants who meets the requirements of sole representative Visa UK will be allowed to stay in the UK as a representative of an overseas business for an initial period of 3 years. Thereafter, the applicant will then be able to apply to extend their 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 am I allowed to stay outside UK to apply for ILR?
In order to meet the continuous residency requirement, an applicant under the Sole Representative Visa UK 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.
Rights of Dependents
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:
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No recourse to public funds; and
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Registration with the police, if applicable:
Conditions of Stay
Sole Representative Visa UK have the following conditions attached to applicants leave:
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No recourse to public funds;
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Registration with the police, if applicable;
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Not to do business of their own, or represent any other company's interests.
Processing Time
In line with the Home Office service standards for Sole Representative Visa UK applications, they decide 90 per cent of non-settlement applications within 3 weeks, 98 per cent within 6 weeks and 100 per cent within 12 weeks of the application date.
Can I apply for a Sole Representative Visa if my Company already has a legal entity?
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, 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.
Frequently asked questions
How many days am I allowed to stay outside UK to apply for ILR?
Can I apply for Sole Representative Visa if my company already has a legal entity?
Rights of Dependants?
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No recourse to public funds
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Registration with the police, if applicable;
Conditions of Stay?
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No recourse to public funds
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Registration with the police, if applicable
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Not to do business of their own, or represent any other company's interests.
Biometric Requirement?
Immigration Health Surcharge?
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.
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Applicants applying for a Tier 2 (Intra-company Transfer) visa and their dependants;
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Applicant under 18 who has been taken into care by a local authority;
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Applicants who arenationals of Australia or New Zealand;
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Dependant of a member of the UK’s armed forces;
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Dependant of a member of another country’s forces who is exempt from immigration control; 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.
Government Fees
Processing Times
In line with the Home Office service standards for processing UK visa applications, they decide 90 per cent of non-settlement applications within 3 weeks, 98 per cent within 6 weeks and 100 per cent within 12 weeks of the application date.