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10 May 10 questions from a prospective Sole Representative

Posted on May 10, 2019 in Investing in the UK by
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Under paragraph 144 of the Immigration Rules, the representative of an overseas business visa is also known as the “sole” representative visa.

There are 10 very common questions asked by a prospective Sole Representative as listed below:

  1. What are the main criteria for the Sole Representative visa application?

The main requirement for the Sole Representative visa is that the applicant must be recruited and employed outside the UK by a company whose headquarters and principal place of business is outside and will continue to remain outside the UK.

In addition, the migrant must have extensive related industry experience and knowledge.

  1. What is the obligation of the overseas parent company?

The overseas company intends and is capable to set-up their one and only commercial presence in the UK, for example, a registered branch or a wholly owned subsidiary.

  1. What are the criteria in relation to my position in the overseas parent company?

The applicant must hold a senior position within the company (but not be a majority shareholder) and have full authority to make key commercial and financial decisions on its behalf.

  1. Do I need to meet the English language and TB test requirements?

The migrant has to meet the required standard in English language – CEFR level A1 in speaking and listening.

In addition, the applicant must provide a TB test result if he/she is residing in one of the listed countries on GOV.UK website.

  1. Is there any maintenance criteria?

The applicant has to evidence that he/she is able to support and accommodate him/herself and any dependants adequately without any recourse to public funds. However, there is no specific threshold.

  1. Can I bring my family to the UK?

The spouse/civil or unmarried partner and the children under 18 are able to join a Sole Representative in the UK.

  1. What are the other requirements for my parent company?

The overseas parent company must:

  • Have its headquarters and principal place of business outside the UK and will remain in the UK;
  • Have no active branch, subsidiary or other representatives in the UK;
  • Be able to present a good business plan in support of their expansion in the UK.

 

  1. Can I apply for a Sole Representative visa in the UK?

The migrant must apply for a sole representative visa from outside of the UK. An entry clearance is mandatory.

  1. How long is the visa granted?

The sole representative visa is granted for an initial period of 3 years, and it can be extended for another 2 years.

  1. Does the Sole Representative visa lead to the Indefinite Leave to Remain (ILR)?

The migrant is able to apply for ILR once he/she has resided in the UK for a continuous 5 years period under this scheme subject to meeting the specific criteria of settlement.

Contact Our Immigration Team

For expert advice regarding any aspect of the Sole Representative visa, please contact our immigration team on 0203 384 3075 or contact us here.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.