Applying for Leave to Remain as a Representative of an Overseas Business

If you entered the United Kingdom as a representative of an overseas business you can apply to extend your visa after 3 years subject to meeting the requirements listed under Paragraph 144 of the Immigration Rules. The representative of an overseas business visa is for senior employees of an overseas business who now wish to come to the United Kingdom to establish or operate a United Kingdom branch wholly-owned subsidiary of the overseas parent company. If your leave to remain application is successful your visa will be extended for a further two years. Once you have acquired 5 years under this route you can also consider applying for indefinite leave to remain and subsequently British citizenship.    

What is the Representative of an Overseas Business?

The representative of an overseas business visa is an option for non-EEA nationals to apply for entry clearance to come to the UK to establish a branch wholly-owned subsidiary of an overseas parent company. If you are applying for this visa you must be recruited from outside the UK by the company whose headquarters and principal place of business are outside the UK.  The worker applying must hold a senior position and have full authority to execute executive decisions on behalf of the parent company.  The worker must also provide evidence of extensive knowledge of the industry that the parent company operates in. However, the worker cannot be a majority shareholder. In some circumstances, you can apply to replace a sole representative who is in the UK.

What are the requirements for Leave to Remain as a Representative of an Overseas Business?

If your initial representative of an overseas business visa is granted you will be granted a visa for 3 years. You can apply for an extension 28 days prior to the expiry of your visa. If your extension application is granted, you will be granted a further 2 years.  In order to apply for an extension you must meet the following requirements:

  • You must provide evidence that you entered the UK on a representative of an overseas business visa and you have established and are in charge of a branch or subsidiary in the same activity as the overseas parent company;
  • You must provide official Companies House documents such as the Certificate of Registration and Certificate of Incorporation to show evidence of company presence in the UK;
  • You must provide the accounts for the UK company and proof of active trading;
  • You must provide evidence of your activity in the UK as a representative of an overseas business and you have only been working for the UK branch of the overseas company;
  • You must intend to work only for the UK branch of the overseas company;
  • You must provide evidence that the overseas company will continue to have its primary place of business outside the UK; and
  • You must also provide evidence that you can accommodate and maintain yourself in the UK without recourse to public funds.

In addition to the above, you must show that you will continue working for the company in a senior role where you can make operational and executive decisions. The Home Office also expects to see evidence of the salary received in the previous 12 months before the extension application. The overseas parent company must also certify in writing that as the sole representative they still need you to act in your position in the UK.  Following an extension application, you can apply for indefinite leave to remain and subsequently British citizenship.

Using Legal Representation to apply for Leave to Remain as a Representative of an Overseas Business

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a leave to remain as a representative of an overseas business visa under the UK Immigration Rules.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your leave to remain as a representative of an overseas business visa succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your leave to remain as a representative of an overseas business visa application meets the Immigration Rules.

Successful Leave to Remain as a Representative of an Overseas Business

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your leave to remain as a Representative of an Overseas Business visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your leave to remain as a Representative of an Overseas Business visa and ensure that you meet all the requirements of the relevant rules.

Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to a successful leave to remain as a Representative of an Overseas Business visa. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

 

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