Sole Representative of an Overseas Business Visa Extensions & Settlements

As the UK legacy Visa routes, Sole Representative of an Overseas Business Visa is not accepting new applications anymore. However, if you are an existing Visa holder looking for extension applications, J&S Law Firm can definitely help. We have accumulated significant experience and dealt with hundreds of cases in the past decades when dealing with the above category.

Extension of stay as a Sole Representative of an Overseas Business

If your application for a Sole Representative visa is approved, you will be given permission to enter and remain in the UK for up to 3 years initially. Beyond this, you will need to submit a further application for leave to remain, which would be valid for 2 years.

In order to qualify for an extension of stay as a Representative of an Overseas Business, you will need to still be working for the same employer as when your initial visa was issued and have established the parent company’s first presence in the UK. The employer’s headquarters and principal place of business must still be outside the UK. You will need to show that you have generated business (principally with UK firms) on behalf of your employer since you were granted the visa and that you are in receipt of a salary from your employer. Advice from an immigration lawyer will ensure that your extension application is professionally presented and technically correct.

Settlement in the UK as a Sole Representative visa holder

After five years in the UK as a Sole Representative of an Overseas Business, you may be eligible to apply for settlement. In addition to continuing to meet the requirements for an extension of stay, you will also need to show that you have spent the last 5 years before the date of application in the UK with permission as a Representative of an Overseas Business, you have spent a continuous period of five years in the UK and you have not been absent from the UK for more than 180 days in any of the five years prior to the date of application. Unless aged 65 or over, you will also need to have English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1 and meet the Knowledge of Life in the UK requirement. Your employer will also need to confirm that they still require you to work for them, and that you have been, and will continue to be, paid the appropriate salary, and that you will be required for the foreseeable future.

On 6 October 2021, additional requirements for ILR as a Sole Representative of an Overseas Business were introduced. As a sole representative applying for settlement you must now additionally show that throughout the 5-year period before the date of your ILR application:
  • The overseas business that you represent has been active and trading with its headquarters and principal place of business remaining outside the UK;
  • You have been employed and worked full time for the overseas business you represent, or for that business’s UK branch or subsidiary;
  • You have not undertaken work for any other business or engaged in business of your own;
  • You have not had a majority stake in, or otherwise owned or controlled a majority of the overseas business you represent, by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement;
  • You have established and then supervised the registered a branch or wholly owned subsidiary of the overseas business you represent in the UK, where that branch or subsidiary was actively trading in the same type of business as the overseas business.
  • Additionally, you will need to provide various specified documents in support of your ILR application. You may wish to speak with an immigration lawyer for expert advice.

Need assistance?

J & S Law Firm are experienced UK immigration specialists offering guidance and support to individuals in relation to their UK immigration status and making Home Office applications. We can advise on the eligibility criteria you will need to evidence and the process you will need to follow for your application. With over decades of experience, we always provide rock-solid support to our clients and help them achieve their goal efficiently and smoothly.

Whether you are applying for a UK visa or settlement, we are always here to help. For specialist UK immigration advice, contact us.

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