Representative of an Overseas Business

Representative of an Overseas Business

A Representative of an Overseas Business visa allows a sole representative of an overseas company to come to the UK in order to establish and the run a UK branch or subsidiary. It is also known as the ‘Sole Representative visa’.

Main requirements

In order to qualify for a Representative of an Overseas Business visa the applicant must satisfy the following requirements:

  • be recruited and employed outside of the UK by a company which is based outside of the UK;
  • have extensive experience and knowledge of the relevant industry;
  • hold a senior position within the company and have the authority to make decisions on behalf of the company but not be a major shareholder;
  • intend to establish the company’s first commercial presence in the UK;
  • have sufficient funds to support themselves; and
  • meet the required level of English language ability.

Length and conditions of stay in the UK

Applicants can apply to come to the UK for an initial period of 3 years. This can then be extended for a further 2 years.

During their stay in the UK, applicants can only work for their employer. Applicants cannot be self-employed or work for any other business and they are also not permitted to stay in the UK in this category if the sole representative arrangement is terminated by their employer.

Indefinite Leave to Remain

An application for Indefinite Leave to Remain can be made once an applicant has held leave as a Representative of an Overseas Business for a period of 5 years. In order to be eligible for Indefinite Leave to Remain, an applicant must demonstrate that:

  • they have spent a continuous period of 5 years in the UK and during this time they have not breached any UK immigration laws;
  • they are still required for the employment in question, as certified by the employer;
  • they continue to meet the requirements of a Representative of an Overseas Business;
  • they meet the requirements in relation to absences;
  • they have sufficient knowledge of English language and have passed a Life in the UK test; and
  • they do not fall for refusal under the general ground for refusal.

Contact us

We have considerable experience in preparing Representative of an Overseas Business visa applications. If you would like to discuss matters further, please contact Charles Green, Consultant Partner, at cgreen@rooksrider.co.uk

Consultant Partner - Immigration