UK Representatives Of Overseas Business Visa Lawyers in London
This is a very important visa category that is currently gaining currency and is not based on the point system or sponsorship. It is generally regarded as a first step towards establishing a business in the UK – the Land of Opportunities.
The UK is a highly developed market-oriented economy. Many businesses all over the world wish to extend their reach and open branches or wholly-owned subsidiaries in the UK.
To test the field and to work towards achieving that purpose such overseas business could duly send a Representative to the UK through the mechanics of ‘Representative of an Overseas Business Visa’, often referred to as ‘Sole Representative Visa’.
The process is mostly governed by “Immigration Rules Appendix Representative of an Overseas Business” of the Home Department.
A Media Representative who is posted on a long-term assignment to the UK on behalf of a newspaper, news agency, or broadcasting organization can also apply for a Representative of an Overseas Business Visa’ which is referred to as a Media Representative Visa.
Who can apply for UK Sole Representative Visa?
The Rules provide that, a senior employee of an overseas business, who is assigned to the UK as a Sole Representative to establish and supervise a branch or subsidiary of an overseas business, can apply under this route.
The applicant must have been recruited and taken on as an employee outside the UK by the business the applicant will represent.
The Applicant should not be the Owner or Majority Shareholder of the Overseas Business but should have enough skills and authority to make business decisions for the Overseas Business/Company.
If the company has a legal entity in the UK but does not employ staff or transact business that will not be a bar for the application as its sole representative.
The applicant must show they meet the specified English language requirement
Dependents can also get Entry Clearance
A dependent partner and dependent children can also apply under this route.
Financial requirement for a Representative of an Overseas Business
The decision-maker must be satisfied that the applicant can, and will, adequately maintain and accommodate themselves, and any dependents in the UK, without access to public funds.
Generally, the monetary requirement is that the Applicant should have a healthy bank balance to support the stay in the UK, and should receive a salary based on industry standards.
Tenure of Sole Representative Visa – And Subsequent Eligibility for Indefinite Leave to Remain
The validity period for this visa is not more than 3 years. The stay could in fit/suitable cases further be extended by 2 years by submitting a leave to remain application.
After 5 years of stay in the UK as a representative of Overseas Business, the Person could become eligible to apply for indefinite leave to remain (ILR) and get settled permanently in the UK. Representative of an Overseas Business is a route to settlement.
Overseas Business Should be Active and trading outside the UK
The Relevant rules provide that the overseas business that the applicant represents must be active and trading outside the UK, with its headquarters and principal place of business remaining outside the UK.
The applicant must intend to work full-time as the representative of the overseas business or media organization and must not intend to undertake work for any other business or engage in a business of their own.
Genuineness requirement for the Representative of an Overseas Business
The Rules especially provide that:
The decision-maker must be satisfied that the applicant is a genuine Representative of an Overseas Business.
The decision-maker must not have reasonable grounds to believe the business is being established in the UK by the overseas business, or the applicant has been appointed as a representative of the overseas business or media organization, mainly so the applicant can apply for entry clearance or permission to stay
If the decision-maker is satisfied all the suitability and relevant eligibility requirements are met for settlement by a Representative of an Overseas Business, the applicant will be granted settlement, otherwise, the application will be refused.
If the application is refused, a person can apply for an Administrative Review under Appendix AR: Administrative Review.
We Can Help You Get Through the Process Successfully
At all stages, the documentation for the process assumes much importance.
It will be helpful to have a well-defined Genuine Business plan, Documents including an authentic Balance Sheet projecting the profits of the Business, and Bank Statements to show that overseas business that the applicant represents is genuine active and trading outside the UK.
The Applicant should show the purpose of the Applicant’s appointment. The Applicant must be able to demonstrate a very good track record in the same or a closely related field of work in the specific business.
Marshaling of such evidence will be important for being successful.
Our expert immigration solicitors in London can work and help you in the best possible manner for your success in the Uk Sole Representative Visa process.
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