Under the UK immigration rules, an individual applicant may be granted entry to reside in the UK as the Sole Representative of an overseas Business/Company that wants to set up a branch, or wholly-owned subsidiary in the UK.
The overseas business need not have a previous presence in the UK, and can only send one senior member from the company – but not a major shareholder.
Generally, to meet the eligibility requirements for entry as the Sole Representative of an Overseas Company, an applicant must:
- Be employed outside the UK by a company whose headquarters and principal place of business and trade is outside Britain.
- Hold a senior position within that company (but not as a major shareholder) and have full authority to make decisions on behalf of the enterprise. The share’s ownership cannot exceed 50% of the total shares.
- Have extensive industry-related experience and knowledge.
- Intend to establish the company’s first commercial presence in the UK, e.g. a registered branch or a wholly-owned subsidiary. If the company has a legal entity in the UK, the representative may still enter the UK as a sole representative of the enterprise, provided that the UK branch does not employ staff or has not engaged in any business activity before the entry.
As part of the application, applicants must include the following documentation.
- A written description of the company’s business activities and details of its assets, financial accounts and share distribution for the previous year must be submitted
- The authorized written proof that validates the representative’s senior position at the parent company. This could include an official HR employment confirmation letter and a contract of employment.
- The future contract of employment for the applicant’s proposed work activity as the company’s sole representative in the UK.
- The applicant’s previous business, academic, and career background that demonstrates her/his relevant industry experience must be submitted. Examples of this may include: an updated CV, reference letters from previous employers/business figures, and previous employment contracts for different roles carried out by the applicant. The evidence of enrolment on business-related courses, proof of membership with business organization, and academic qualifications must also be included.
- Confirmation that the applicant will be the sole representative in the UK to set up the Company’s first presence and that the parent company’s operations will remain centred and stationed overseas, and that the applicant will not engage in any other business.
- Business Plan outlining the proposed activities in the UK and accounting for any setup costs including premises, equipment, overheads and other support employment must be submitted.
- Applicants are required to demonstrate their English Language competence by providing evidence of passing an English Language Test, at least at Level A1. However, we recommend passing an English Test at least at Level B1.
- Further, applicants will be required to show that they will be adequately maintained and accommodated during their stay in the UK. This will be demonstrated by the proposed employment contract in the UK and might be aided by reliance on any additional personal savings.
Applicants will not be able to carry out any other employment activities, nor engage in any other business activity as a self-employed person/business owner. They may only represent the interests of the parent company and carry out activities as stated. Should the application be successful, the applicant will be granted Leave to Enter and Remain in the UK for three years. The applicant can, during the three years, submit an application to extend their leave for an additional two years. In that case, increasing their work-related time to five. Applicants can then apply for a settlement (Indefinite Leave to Remain – Permanent Residence) at the end of the five years. However, they must meet immigration requirements. Under this category, applicants may also bring their dependents to the UK (i.e. spouse and children under the age of 18) provided that they can show that they will be adequately maintained and accommodated during their stay in the UK. Once an application is sent to the Visa Section for assessment, a decision is usually made within two to four weeks. In most instances, the Clearance Officer will require the applicant to attend an interview to answer to her/his application and the proposed plans in the UK – supported by the parent company’s confirmation of the proposed activities. There are no minimum requirements for the volume of business that the UK company will be expected to generate. However, applicants must remain in the UK for a minimum period of 180 days (six months) during each year of their residence. During their stay in the UK, applicants will be able to enjoy many of the rights available, including the right to reside and travel freely, access to free medical services, enrolling children into free education, and opening a bank account. Applicants must remain employed by the overseas parent company and must not rely on public funds (government benefits). After completion of five years under this category, applicants would be able to apply for Indefinite Leave to Remain in the UK (ILR) and will be able to apply for British Citizenship together with their dependents usually one year later, provided that they continue to meet the Immigration Rules.
Further information
If you wish to instruct Western Partners in the preparation and submission of your proposed application, feel free to contact us on contact@westernpartners.co.uk or call us on +44 (0) 203 961 0062 to discuss your specific situation. This document has been drafted and provided by Western Partners Ltd. This document should be used for information purposes only. The requirements of the Immigration Rules and Policy are subject to constant change. This summary does not in any way constitute legal advice, as every application is unique.