On 1 December 2020, the previous Immigration Rules (paragraph 144) governing the Representative of an Overseas Business visa was replaced with Appendix Representative of an Overseas Business. All applications from 1 December 2020 must be submitted in accordance with his Appendix. A Representative of an Overseas Business visa (also referred to as the Sole Representative visa) was introduced for those who wish to establish a branch of an overseas business that has no presence in the UK. Applicants must apply for a Representative of an Overseas Business visa from outside the UK and can bring their dependants with them. The visa is valid for 3 years but can be extended for a further 2 years after which there is an opportunity for settlement.
What are the latest changes to the Representative of an Overseas Business visa?
There were no major reforms to this particular route despite the old Immigration Rules for this visa being replaced with Appendix Representative of an Overseas Business. All applications from 1 December 2020 must be submitted in accordance with his Appendix. The old rules have been deleted.
What are the requirements for a Representative of an Overseas Business visa?
All applications must be submitted in accordance with Appendix Representative of an Overseas Business. There are a number of requirements that must be satisfied. Migrants must be applying to be the Sole Representative in the UK of the overseas employer who intends to establish and operate a registered branch or wholly-owned subsidiary of the overseas business. The main requirements are:
- The Sole Representative must have been recruited and employed from outside the UK by the overseas employer. The Sole Representative must intend to work full-time for the UK branch and not engage in any other employment;
- The Sole Representative must be a senior employee and have the power to make operational decisions but must not be a majority shareholder in that overseas business;
- The overseas business must have its headquarters and principal place of business outside the UK and must not have an existing branch or subsidiary in the UK; and
- The Sole Representative must meet the maintenance and the English language requirement.
Migrants must comply with the conditions attached to their leave once they arrive in the UK and must register with the police.
Genuine Commercial Enterprise under the Sole Representative Visa
The Representative of an Overseas Business visa requires that the overseas headquarters or parent company should remain abroad, rather than to relocate to the UK. However, this does not preclude the scenario where the UK branch would become more successful to even overshadow the headquarters or parent company later on. The Applicant must produce evidence that the overseas company is a genuine commercial enterprise; otherwise, the Home Office would question whether there is genuine intention to set up a business in the UK or intention to circumvent the immigration law on Tier 1 visa application.
What is the Representative of an Overseas Business visa?
A Representative of an Overseas Business visa is a popular business visa for senior employees of overseas companies who wish to establish and operate a registered branch or wholly-owned subsidiary in the UK. Once the visa is granted the chosen Sole Representative of the overseas business will have permission to start business operations in the UK.
Permitted activities on the Representative of an Overseas Business visa
Migrants who enter the UK on a Representative of an Overseas Business can work only as a representative for the business which they have been granted entry to represent. Migrants may also study as long as it does not interfere with their primary activity as a representative of the business they are representing. Migrants are prohibited from working for themselves or any other business. Migrants are also prohibited from accessing public funds.
What is the visa length for Representative of an Overseas Business visa application cost?
Migrants who submit a successful entry clearance Representative of an Overseas Business visa will be granted a 3-year visa. It is possible to extend the visa for a further two years (FLR IR). Migrants who accumulate 5 years on this route can apply for indefinite leave to remain (settlement). In order to apply for settlement, migrants must ensure they have respected and abided their visa conditions in the entire 5 year period.
How much does a Representative of an Overseas Business visa application cost?
Migrants applying for a Representative of an Overseas Business visa from outside the UK will need to pay £610 for the Home Office visa application. Applications submitted from within the UK (extension) will cost £704 and £19.20 to have your biometric information taken. The correct procedure is to apply for entry clearance. Migrants will be required to pay the Immigration Health Surcharge (IHS) payment which costs £624 per year.
How our immigration solicitors can help with a Representative of an Overseas Business visa application
Our immigration solicitors in London specialise in Representative of an Overseas Business visa applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful Representative of Overseas Business visa applications for a range of different clients. The key to submitting successful applications is being aware of the relevant Immigration Rules. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the application. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the application bundle to ensure that the correct documentary evidence is submitted. We also prepare and assist with the submission of the application.
Using our immigration solicitors to submit a Representative of an Overseas Business visa application
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 Representative of an Overseas Business visa application.
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 Representative of an Overseas Business visa application 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 Representative of an Overseas Business visa application meets the Immigration Rules.
Successful Representative of an Overseas Business visa application with our immigration solicitors
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 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 and submission of your application and ensure that you meet all the requirements of the relevant rules.
We 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. LEXVISA is just 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 Representative of an Overseas Business visa application. 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