fbpx

Sole Representative Visa: Detailed Guidelines of Visa Extension

Start-Up Visa: Business opportunity for Overseas Graduates
November 4, 2019
A brief guide to Tier 2 Sponsorship Licence
November 11, 2019

As a representative of an overseas business in the UK, the applicant will be granted an initial 3-year leave to enter Great Britain. With this leave comes duties that will be placed on the representative, have they wish to extend their leave for two extra years. 

During the first three years of their leave, the representative will have the duty to set up the UK branch or subsidiary of the overseas business and be required to provide evidence of ongoing business inland.

The documentary evidence must necessarily show that: 

  1. The company has generated business, principally with firms in the UK, since entry to the UK or their last extension of stay: the 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; 
  1. The company has a valid Companies House certificate of registration as a UK establishment (branch or subsidiary); 
  1. Or a certificate of incorporation (for a subsidiary) with either a copy of the share register or a letter from the company’s accountants confirming that all shares are held by the parent company 

Not only that. A successful application must also demonstrate that the representative is still involved in the business with the same responsibilities as to when the initial leave was granted.

The Home Office will ask for evidence that:  

  1. they continue as a senior employee with full authority to take operational decisions; 
  1. they are in receipt of a salary from their employer by providing evidence of the salary paid in the previous 12 months and confirmation of how that salary was paid: for example, whether basic or commission, and the number of hours paid; 
  1. the overseas business still has its headquarters and principal place of business outside the UK; 
  1. they are still needed by the employer: the employer must certify this in a letter; 
  1. they have established and are in charge of a branch or subsidiary in the same type of activity as the parent company – they must show: 

Finally, a successful applicant will need to show that they still have a valid leave under the same category and: 

  1. only intend to work for the same employer in the same job as their entry clearance was granted for; 
  1. intend to work full-time for the employer as a representative of an overseas business; 
  1. Can maintain and accommodate themselves and their dependants adequately without recourse to public funds. 

One important point to be aware of and vigilant during the applicant’s residency in the United Kingdom is the amount of time a person is allowed to spend overseas without breaking continuity of residence inland for the purpose of indefinite leave to remain applications, upon completion of 5 years under the Sole Representative Visa category. According to Immigration Rules, an applicant for indefinite leave to remain must have not been absent from the UK for more than 180 days during any 12 month period.  

If you are in the United Kingdom on a Sole Representative leave, contact us to book a consultation and find out the other requirements and documents necessary for your application. 

Mann’s Solutions  is international immigration advisory firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering Immigration by Investment  services and legal support to high net worth individuals.

For further information or to discuss your personal circumstances in a private consultation, please contact us at enquiries@manns-solutions.com or call  +44 207 993 63 46

Mann's Solutions