Representative of an Overseas Business Visa

About Tier 1 Entrepreneur visa

From 29 March 2019, Tier 1 Entrepreneur visa route has been closed. New applications are not accepted and switching from another category is not possible, except when you switch from Tier 1 Graduate Entrepreneur visa. Applicants that had their visa granted before that date can still extend their visas, apply for permanent residence (ILR) and bring family members.

Alternatives to Tier 1 Entrepreneur visa

If you want to set up and run a business in the United Kingdom, you have three visa options at the moment. They differ in terms of initial investment, requirements to an applicant, criteria for extension, validity and whether they lead to British citizenship or not. But they are all business visas for either starting or seasoned entrepreneurs that have an innovative idea or expanding an existing international business.

What is a UK Sole Representative visa?

Taxes paid by small and medium-sized companies are a large contribution to the UK treasury; therefore, immigration authorities have several visa categories for foreign entrepreneurs. However, in most cases an applicant must meet one of the following criteria in order to get a UK business visa:

• Have a significant amount of money on a personal bank account to invest in their own project or in shares of other UK companies.
• Have an innovative idea for a new business that is endorsed by an authorised body.

For a sole representative visa to the UK, you do not need millions of pounds or a break-through business idea. It is an ideal solution for a co-owner of a successful company planning to set up its representation in the UK. If you are a top manager in such company, a sole representative visa can be your chance to relocate to the United Kingdom.

A Sole Representative visa to the UK is a unique opportunity for a top manager of a foreign company and their family to settle in Great Britain and get British passport in a few years without personal investment.

Benefits of a sole representative visa to the UK

A sole representative visa is a work visa with a job offer. No need to look for a job as you are transferred from a parent company to the UK subsidiary. Besides, you get a company to run on a daily basis and a business to develop on a new market.

Moreover, you will not spend a penny of your own money. It is the beauty of this visa category – a representative does not have any significant costs as they will be borne by the company. Application fee is only £610 per person.

What you can do on a sole representative visa in the UK

• Work full-time in a UK subsidiary of an overseas employer.
• Take a family with you, including a spouse or partner and minor children under 18.
• Extend your visa and, in 5 years of living in the country, apply for an indefinite leave to remain.

What a sole representative cannot do in the UK

1. Work for another employer or have their own business. You are expected to spend all the time on developing the subsidiary.
2. Stay in the UK if the employer terminates your employment contract.
3. Apply for public benefits.

A representative of an overseas business visa is the only visa that you will not be able to switch to from another category.

Requirements for a Sole Representative visa to the UK

The parent company must be registered and trading abroad and you must be a top manager there with decision-making rights. The main thing for you is not to own more than 50% shares of the parent company. Besides, you must have a relevant education, experience and skills to run a UK subsidiary.

You must be hired by the head office to be their sole representative in the UK with necessary powers to carry out your duties. You must work nowhere else but for the British subsidiary.

A Home Office caseworker must be 100% sure that a successful foreign business is planning to set up its branch or subsidiary in the UK for the sole purpose of expanding its operations abroad and not for relocation purposes. Therefore, it is important to submit a well-prepared business plan with your application explaining what you are going to achieve and how you are going to do it.

Additional criteria

1. You and your family members must be healthy, and you might be also required to do a tuberculosis test.
2. A representative of an overseas business cannot have criminal convictions or breaches of immigration laws.
3. You must have enough money to support yourself and your family in the UK without applying for government benefits.
4. Your English skills must be at level А1 of the European classification to enable you to work and communicate with people on a daily basis.

How fast you can get a UK sole representative visa

It is one of the most time-consuming visas. The whole process of applying for a sole representative visa to the UK, including preparation of required documents, incorporation of a subsidiary and submission of an application form, takes 4 to 8 weeks.

Once your application is submitted to the Home Office and you enrol your biometrics, it will be at least 3 weeks before a decision is made on your case. To speed it up, you can pay an extra fee for a priority service.

It is recommended to have at least 3 months at your disposal when applying for a sole representative visa. If you need to arrive in the UK on 10 May, submit your application not later than 10 February.

Expiry date and extension of a sole representative visa

First sole representative visa is valid for 3 years and must be extended before it expires. It can be extended for another 2 years provided you comply with the following conditions:

1. You are still employed by the same parent company and continue running its subsidiary in the UK.
2. British company offers the same goods and services as the overseas business.
3. The parent company is still based and trading outside the United Kingdom.

Your dependants from the initial application can also extend their visas together with you, including children who turned 18 after first visas were granted.

You and all family members must enrol biometrics once again. If you are too busy to go to or wait for an appointment, the HomeOffice offers a special biometrics enrolment service when they come to you to take your fingerprints and photos. However, this will not speed up the processing of your extension application.

Indefinite leave to remain for a sole representative

You can apply for an indefinite leave to remain (ILR) in the UK after 5 years of arriving in the country provided you have been complying with all terms and conditions of your visa. If you plan to settle in the UK, make sure you do not spend more than 180 days outside the country in any 12-month period from your first entry on a sole representative visa to the date of application. You must demonstrate to the immigration authorities that you have been and intend to continue carrying out your duties.

Your ILR application will also depend on the level of your integration in the British society. It is determined through two tests:

1. English language test. You must pass it to level B1 of the European classification. You do not need to take this test if you have a bachelor’s, master’s or PhD degree from a UK university.

2. Life in theUK test.

All dependants that applied with you for a UK sole representative visa can be added to your ILR application, including children over 18 if they still rely on you for financial support.

It normally takes the Home Office 1 to 2 months to process an ILR application. Once granted, a settled status gives the same rights as British citizenship. If, however, you want to get a UK passport, you can apply for it one year after obtaining ILR.

British citizenship and passport

You and your family members can apply for naturalisation a year after you get a settled status and at least 6 years after first arriving in the UK on a representative of an overseas business visa. Besides, all of you must comply with the following requirements.

• In the 5 years preceding your application for British citizenship you must not spend more than 450 days outside the UK, and in the last year, total number of absences cannot exceed 90 days.
• There must be no breaches of criminal or immigration laws.
• You must show your language skills and knowledge of history and culture of the British Isles (unless you have already passed these tests for your ILR application).

You would usually need to wait 4 to 6 weeks from submitting a naturalisation application to receiving your first British passport. The United Kingdom allows dual nationality. However, to get your certificate of naturalisation, you must make an oath or pledge of allegiance to your new home country.

From a sole representative visa to a British passport: process and timeline