The Representative of an Overseas Business Visa, commonly known as the Sole Representative Visa, allows an individual to come to the UK to set up a branch or subsidiary of an overseas parent company.
This route is now closed to new applicants. If you currently hold a Sole Representative visa you may still apply for an extension or indefinite leave to remain, if you meet the requirements. Eligible family members such as your spouse or children can still apply to join the main applicant in the UK.
As an alternative to the Sole Representative route, if you are a senior manager or specialist employee seeking to establish a branch of an overseas business in the UK for the first time, you may qualify for a Global Business Mobility – UK Expansion Worker Visa. You may also be able to launch your business through self-sponsorship in the Skilled Worker route or the Innovator Founder visa, which does not require sponsorship. We have a proven track record of helping clients expand or launch their businesses in the UK through these visa options.
To qualify for the Representative of an Overseas Business Visa, applicants must meet the following criteria:
The parent company must retain its primary business operations outside of the UK. The Home Office will refuse applications for a Sole Representative visa if there is evidence suggesting that the main business operations will relocate to the UK. Sole Representatives cannot have any other business interests or undertake any other part-time or consulting work in the UK aside from their employment in the UK branch or wholly owned subsidiary they have established.
If you already hold a Sole Representative of an Overseas Business visa, you may apply to extend your stay for a further 2 years.
To qualify, you must:
Still be employed by the same overseas company that sponsored your initial visa;
Have successfully established the parent company’s first UK presence;
Ensure that the business’s headquarters and principal place of business remain outside the UK;
Demonstrate that you have been generating business on behalf of your employer, primarily with UK organisations; and
Be receiving a salary from your overseas employer.
After five years in the UK as a Sole Representative of an Overseas Business, you may be eligible to apply for indefinite leave to remain (ILR).
To qualify, you must continue to meet the requirements for an extension and also show that:
You have held permission as a Sole Representative for the full five years before applying;
You have completed a continuous five-year residence in the UK without absences of more than 180 days in any 12-month period;
Unless you are aged 65 or over, you meet the English language requirement at CEFR level B1 (speaking and listening) and have passed the Life in the UK Test; and
Your employer confirms that they still require your role, that you have been and will continue to be paid an appropriate salary, and that your employment will continue for the foreseeable future.
The overseas business remained active and trading, with its headquarters and principal place of business outside the UK;
You have been employed and working full-time for that overseas business, or for its UK branch or subsidiary;
You have not worked for any other business or engaged in your own business;
You have not held a majority stake in, or otherwise owned or controlled, the overseas business (through shares, partnership, sole proprietorship, or any other arrangement);
You have established and supervised the UK branch or wholly owned subsidiary, which must have been trading actively in the same business sector as the overseas company.
Sole Representatives that do not wish to pursue an extension or settlement, may switch to an alternative visa category, for example, the Skilled Worker visa or the Global Business Mobility – Senior or Specialist Worker visa, provided they satisfy the relevant criteria.
Applications of this kind are subject to greater scrutiny by the Home Office, which has become increasingly cautious about Sole Representatives changing immigration routes partway through their leave as it has occasionally been viewed as an attempt to bypass the Sole Representative rules.
However, where the UK entity has been properly established, is genuinely trading, and can demonstrate evidence of business activity, and where there is a genuine vacancy that the former Sole Representative is filling, switching into another route can be a viable option to explore.
Navigating the complexities of extending a Sole Representative visa or applying for Indefinite Leave to Remain (ILR) can be daunting due to the strict criteria and potential pitfalls. Applicants may face challenges in gathering the necessary documentation. With our in-depth knowledge of immigration laws and extensive experience in handling Sole Representative visa extensions and ILR applications, we offer tailored assistance to streamline the entire process for our clients.
Our services include:
There is no specific minimum salary requirement stated in the rules. However, it is essential to demonstrate that you receive a salary that is appropriate for your role and seniority in the company. It must also be sufficient to maintain and accommodate yourself and any dependants without recourse to public funds.
There is no set requirement for turnover or profit. The focus is on demonstrating that you have generated business, principally with businesses in the UK, on behalf of your employer since your last permission in this category. Evidence must be in the form of accounts, copies of invoices or letters from firms who they have done business with, including indications of the value of transactions. The more business you have generated, the more genuine your application will be considered by the Home Office.
No, there can only be one Sole Representative. However, if the company wishes to transfer more employees in the UK, you can apply for a sponsor licence and sponsor more workers under the Global Business Mobility or Skilled Worker routes.
Yes, in some circumstances a Sole Representative may be able to switch into another visa category while in the UK. There are a number of reasons why a Sole Representative might wish to change immigration routes. For example:
In these situations, a Sole Representative may consider switching to an alternative visa route, such as the Skilled Worker visa or the Global Business Mobility – Senior or Specialist Worker visa, provided they meet the relevant requirements.
That said, applications of this type are subject to close scrutiny by the Home Office. Officials have become increasingly cautious about Sole Representatives changing immigration categories during their stay, as this has sometimes been viewed as an attempt to bypass the rules of the route.
However, where the UK business has been properly established, is genuinely trading, and can provide evidence of real commercial activity, and where there is a genuine vacancy being filled by the Sole Representative, switching into another route may be a realistic and viable option. Each case is fact-sensitive and will depend on the strength of the evidence available.
