Extending leave as a Sole Representative of an overseas business

UK Visa (1)

If an applicant meets the requirements, they are granted entry clearance as a sole representative of an overseas business for 3 years. The next question come into the mind is “how to further extend the leave after 3 years?”

An applicant can apply to extend the leave for further 2 years if;

  • the parent company business headquarters and principal place of business remains outside the UK. Even if the UK branch/ subsidiary flourish and overshadow the parent company the purpose or intention cannot be to move the centre of business to the UK and cease trading outside the UK.
  • the branch/ subsidiary is UK establishment and actively trading
  • the branch is carrying out the same type of business activities as the parent company
  • the parent company certifies that the person granted sole representative is still needed

The sole representative should stay employed full time on the senior position with the authority to take key operational decision on behalf of the overseas business. This can be evidenced by a certificate from the parent company.

An applicant must show that they are in receipt of salary from their employer by evidence of the salary paid in the previous 12 months along with a confirmation how that was paid

Proof of maintenance for applicant and any dependants

The business must have a genuine commercial presence supported by a certificate of registration for branch or certificate of incorporation for subsidiary from Companies House.

A genuine business activity can be shown through company accounts, invoices etc.

The sole representative must not take any other employment and hold majority of the shares in the overseas business throughout their employment.

Can I switch into a different category?

A sole representative can switch onto a Tier 2 General category if they are still working for the same employer named on their previous application as a sole representative of an overseas business

Our free initial consultation

Get in touch with our business immigration solicitors based in London for expert advice and assistance in relation to an application for sole representative visa.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

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