A trading company of substantial size that is located outside of the United Kingdom (UK), with no current UK presence may be able to send an employee to the UK on a Sole Representative Visa. The purpose of the individuals stay must be to act as your company's sole representative in the UK, establishing and operating a branch, representative office, or wholly owned subsidiary of the company in the UK.
The Sole Representative Visa was designed to assist you in establishing your overseas company in the UK. Your application needs to show that expansion to the UK is viable and sensible for the overseas company.
The Sole Representative Visa is granted for an initial period of one year, and may be extended for an additional four-year period.
Eligibility
If your company has been established for less than a year, it is unlikely that you will be eligible to apply. Your company must be a genuine existing enterprise that will benefit from sending a sole representative to the UK.
- the budget allocated to the UK expansion should be realistic in terms of the company's size, trading activities, and profitability,
- the majority of your business should continue overseas after you have sent a sole representative to the UK; you will not be eligible if it appears that the sending of a sole representative to the UK will result in operations being based or headquartered in the UK, and
- the commercial viability of the proposed expansion into the UK will be questioned if you are a small company proposing a UK presence that will diversify into an area in which you have no existing overseas involvement.
How do I choose a suitable person to send to the UK as a sole representative?
A senior employee recruited outside of the UK, with full authority over operational decisions for the purposes of establishing a UK presence would be suitable.
It would be advantageous if the person has been employed overseas for a significant period and is familiar with your business practices and procedures. A person who was recently recruited to start up a UK presence will need to be well suited for the role based on their background with previous companies.
An application will be rigorously scrutinised if the business is a family concern and the person is a junior member of the family. The person needs to have qualifications and experience that would be commercially relevant.
The person must take up full-time employment as the representative of the overseas company in the UK, and must not intend to take up any employment outside of their representative activities.
The person will have to pass an examination to ensure they have no serious medical conditions. Once in the UK they will be entitled to healthcare from the National Health Service.
Finally the person must be able to maintain and accommodate themselves and any dependents joining them adequately without recourse to public funds.
How do I apply for a sole representative visa?
If you wish to live in the UK based on a Sole Representative Visa, then you must obtain entry clearance before travelling to the UK.
Once we prepare your application, the person will need to apply to the British Consular Post or British High Commission in the country of their usual residence or the country of their nationality for entry clearance as a sole representative, where they may be required to undertake an interview.
A successful application will allow the person to stay in the UK for an initial period of up to two years. After that you will need to apply to extend their stay.
The person will have to satisfy the entry clearance officer that there are no reasons to refuse them entry on the grounds of their character, their criminal records, or their behaviour.
They will also have to satisfy the entry clearance officer that they fulfil the aforementioned criteria for a Sole Representative Visa.
Simple applications are processed by the Entry Clearance Officer there, usually within a number of weeks. However, more complex applications are referred to the Home Office in the UK, and usually take a number of months to process. All applications with a Russian, Chinese (PRC), North Korean, or Libyan candidate will also be referred to the Home Office in the UK.
If the person is currently in the UK on another type of visa, we can still prepare their application for them, but once it is complete they may be required to return to their home country to apply for entry clearance as a Sole Representative. There are exceptions to this general rule, which may allow the person to change their current visa status to a Sole Representative Visa from within the UK.
What evidence is required for a sole representative visa application?
Documents that should be submitted with your application include your last year's accounts showing assets, turnover, and full details of share distribution for the previous year, a full description of your activities overseas, a detailed business plan for the proposed UK presence, a contract of employment for the person, including salary and job title, and a letter of the candidate's job description.
Can I form a UK company ahead of applying for a sole representative visa?
You can form a UK company in anticipation of appointing a sole representative on the condition that the UK company exists only as a dormant shell.
Are sole representatives allowed to be shareholders in the parent company?
You will not be eligible for a Sole Representative Visa if you own a majority or a controlling interest in either the overseas company or the proposed new UK entity, with the maximum permissible shareholding being 30 to 35%.
Applications with levels above this will be rigorously scrutinised, as sending a major shareholder is indicative of moving the centre of operations to the UK, which is not allowed.
Can sole representatives act as agents?
A sole representative cannot take secondary employment. A sole representative can only act on behalf of the parent company.
Can the person stay in the UK after five years on a sole representative visa?
On completion of five years in the UK on this visa, the person may be entitled to Indefinite Leave to Remain (ILR), more commonly known as settlement or permanent residency, should they wish to continue their stay in the UK.
If the person does not meet the criteria for ILR at the end of five years, they may be eligible for an extension of stay on their original visa.
After a further year of ILR, the person may be eligible for UK Naturalisation, more commonly known as Citizenship.
Who can accompany the holder of a sole representative visa?
A spouse or an unmarried partner, and children under the age of 18 may accompany the person to the UK as dependents. Dependents are allowed to stay in the UK for the same period as the principal applicant. There are usually no restrictions on dependants working in the UK.
Dependents are eligible to free health care provided by the National Health Service. Children entering the UK as dependants are entitled to a free public school education.
Visa Service
Mulberry Finch will assist you in all aspects of your application. We will assist you with documentary evidence requirements, including drafting and presentation. You are advised not to proceed with an application if you are unsure whether you qualify or not. If you are interested in taking this further please contact us now.
