If you are a substantial trading company located outside the UK, and have no
current UK presence, you may be able to send a member of staff to the UK on a
‘Sole Representative Visa’.
Does my Company Qualify to send a Sole Representative to the UK?
You must be a genuine existing enterprise. If you have been established for
less than a year you are unlikely to be considered suitable sponsors under this
category.
The sending of a Sole Representative to the UK must be for your benefit, and
not for the immigration convenience of the candidate, so the budget allocated to
the UK expansion should not be unrealistic in the context of your size, trading
activities or profitability.
In general, the commercial logic of the proposed expansion into the UK will
be called into question if you are a small concern and the new UK presence will
represent a diversification into an area in which you have no existing overseas
involvement.
Once you have sent the representative to the UK, the majority of your
business should continue to be overseas. If it appears that the sending of the
representative to the UK will result in a general move of your operations so
that they are based/headquartered in the UK, the application will not be
approved.
Who can be sent to the UK as a Sole Representative?
The candidate should be a senior employee recruited outside the United
Kingdom. In most cases, he or she will have been employed by you overseas for a
significant period of time and be fully familiar with your business and
procedures. This may not be the case when the individual has been recruited
specifically to fulfil the role but in these circumstances, the applicant will
need to demonstrate a background appropriate to the role.
If you are a family concern, the attempt to use a Sole Representative visa to
send a junior member of the family to the United Kingdom will attract
particularly rigorous scrutiny and will generally not succeed where they are
unsuitably qualified or experienced
The Sole Representative visa is not designed for owner-managers or
entrepreneurs (if you fall into this category, please click
here). The rules
prohibit the candidate from owing a majority or a controlling interest in either
the Overseas firm, or the proposed new UK entity. In practice the maximum
permissible shareholding is not 49% but 30-35%
A Sole Representative will generally be given an initial visa for 12 months,
once in the UK they will usually be entitled to healthcare from the UK’s
National Health Service. The candidate will therefore have to pass an
examination to check that they have no serious medical conditions.
What about the spouse / children of the Sole Representative?
You may apply for the candidates spouse and children to accompany them as
their dependants.
Education
The children of persons entering the UK as sole representatives are entitled
to the same free education as British children. The candidate may choose to send
their children to a private school if they wish.
Health care
A sole representative and their family here as their dependants are eligible
to free health care provided by the National Health Service. They are not
required to take out private health insurance.
Work
The spouse of a sole representative is entitled to take up any employment.
How can a UK Sole Representative visa be Extended?
Sole representative visas are usually granted for an initial twelve month
period.
Once your representative has been in the UK for 12 months, it is generally
possible to extend their stay for a further 3 years. This application will be
made while they are in the UK, but will necessitate the temporary surrender of
the candidate’s passport to the home office while the application is
considered.
The extension application will need to be accompanied by
Proof that the candidate is still required by you as a sole representative.
Accounts of the business generated in the first year of UK presence
Proof that the applicant has been properly salaried as the person in charge of the subsidiary.
After a total of 4 years in the UK as your Sole Representative, the candidate
may apply for settlement (permanent residence) if s/he is still required by you
to continue in his/her role.
What Data and Documents are required to make a UK Sole Representative Visa Application?
Documents
Your last year’s accounts which should show your assets, turnover, and
full details of share distribution for the previous year.
A letter confirming that you will establish a wholly owned subsidiary or
register a branch in the United Kingdom;
The candidate’s contract of employment (this should include his/her
salary);
Confirmation that the applicant is fully familiar with your activities and
that he/she has full powers to negotiate and take operational decisions
about the planned UK entity without reference to you (the overseas parent);
A notarised statement from you stating that the applicant will be your
sole representative and that you have no other branch, subsidiary, or
representative in the United Kingdom;
A notarised statement confirming that your operations will remain centered
overseas;
A notarised statement that the candidate will not engage in business of
his or her own nor will he or she represent any other company's interest;;
The passport of the candidate.
Data
A full description of your activities overseas
The candidate's job description and salary
A Detailed business plan for the proposed UK office.
UK Sole Representative Visa FAQs
Q: What happens if I have already incorporated a UK branch / subsidiary?
A: Sole Representative Visas are only available to overseas firms that have
no branch, subsidiary, or other representative in the United Kingdom. However,
It is permissible to form a UK company in anticipation of such an appointment so
long as that UK company exists only as a shell which has not yet started to
trade.
Q: Are Sole Representatives allowed to be Shareholders in the Parent
Company?
A: A Sole Representative may not be the majority shareholder in the parent
company. Further, the view taken is that removing a major share holder is
indicative of the centre of operations moving to the United Kingdom. This is not
permitted. Shareholdings in excess of 30% in the parent are likely to result in
rigorous scrutiny of the application.
Q: Can Sole Representatives Act as Agents?
A: No, the sole representative must be engaged full-time in establishing a
commercial presence for the parent company in the United Kingdom. This precludes taking secondary employment or acting on behalf of anyone other than the parent company.
Q: How long will it take to process a Sole Representative Visa Application?
A: If the application is deemed to be simple, it will probably be processed
by the Entry Clearance Officer at the Overseas British Consular Post. Where
this is the case, an application will usually not take longer than ten working
days.
Where an application is deemed to be complex, or where particularly
rigorous scrutiny is called for, it will be referred back to the Home Office
in the UK. Such applications will usually take over nine months to process.
All applications where the candidate is Russian, Chinese (PRC), North
Korean, or Libyan, will be referred back to the UK, and will consequently take
over nine months to process.
If you would like to apply for Sole Representative Visa, please fill out
our on-line form.
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