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Sole Representative Visa

 UK Sole Representative visa is for individuals who have the intention of applying for their own business, who already have their own business, or who want to come to the UK and pursue a job within a company.

 

We provide visa services to individuals and businesses looking to settle in the UK. We can help you if you wish to come to the UK to work, to set up a business and pursue your career, to invest, or if you wish to live and work as an entrepreneur.

 

The UK is a good place to work, study, and invest. If you want to come to the UK to work and set up a business, we can help you with the right visa.

 

Whether you are a skilled worker coming to the UK to find work, a self-employed person who wants to start a business and return home, an investor looking for new opportunities, or simply an entrepreneur who wants to come and taste this amazing culture and lifestyle, a work visa is your best way to do so.

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    REPRESENTATIVE OF AN OVERSEAS BUSINESS EXPLAINED

    UK BUSINESS VISA LEADING TO BRITISH CITIZENSHIP FOR APPLICANT AND DEPENDENTS

    Until March 2019, the UK offered the hugely popular Entrepreneur Visa under the Tier 1 visa category.

    This route allowed those who wanted to establish a new business in the UK or were investing a minimum of £200,000 into an existing UK business to utilise this route to achieve residency for the main applicants and their dependents. The route offered residency and a pathway to British Citizenship (subject to compliance with UKVI requirements).

    Claim Time Immigration Solicitors have amassed an enviable track record of assisting with Entrepreneur visa’s and we have 100’s of clients who have now successfully obtained British Citizenship for themselves and their families or are in the processing of doing so.

    We understand that many of you may have intended to use this route but missed out on the opportunity to submit your application before the route closed.

    Whilst the Entrepreneur visa has now been closed for more than a year, we have been very busy helping our clients take advantage of alternative immigration routes.

    One of the most notable substitutes for potential Tier 1 Entrepreneur applicants is the “Sole Representative visa.”

    Formally, this visa is called the Representative of an Overseas Business.

    It has been designed for businesses that wish to send a senior employee to the UK in order to establish a first commercial presence for the company in the United Kingdom.

    We cover the basics below but you are reminded that although seemingly relatively straightforward, this is a particularly complex and niche area of immigration with a very high failure rate and therefore we would strongly recommend that you consult us for tailored advice as early as possible to avoid costly mistakes.

    What is a Representative of an Overseas Business visa?

    The Representative of an Overseas Business visa allows a senior employee of an overseas business to come to the UK to set up and run a UK branch or wholly owned subsidiary of the overseas parent company.  Note that this visa type is aimed at employees and in contrast to the entrepreneur route, you should not be the business owner. This issue is explored in further detail later.

    What next?

    Take a look at the at the questions section so that you can understand the basics of this route along with our service.

    Then get in touch with us 24/7 and a friendly member of our team will be able to discuss your circumstances in more detail.

    We will provide you with a completely free, no obligation assessment so that you understand your position and the options available to you.

    Together, we can understand your needs and wants better and make suggestions accordingly.

     

    Speak to our assessment team now to confirm your eligibility and options for free on 0800 970 2727.

    We have a fully trained, bilingual team on standby ready to assist you now.

    The Representative of an Overseas Business does not have any formal investment requirement. That means that unlike the Entrepreneur route, you do not have to invest £200,000. There are, however, many other requirements that need to met so keep reading for a better understanding of the requirements.

    There are several specific and complex requirements that need to be met in order to meet the eligibility criteria. These will vary between applicant’s dependent on their individual circumstances. Our expert team would
    be pleased to discuss your exact requirements with you during a one to one consultation but below we have explored some of the basic requirements:

    You will have to show that the overseas company:

    ●      Is an active and trading overseas business;

    ●      Has, and will continue to have, its headquarters and principal place of business outside the United Kingdom;

    ●     Has no branch, subsidiary or other representative in the UK;

    ●     Intends to establish a branch or wholly-owned subsidiary in the UK that will actively trade in the same type of business as the overseas business and will not be established solely for the purpose of facilitating the entry and stay of the sole representative;

    ●     Intends to maintain the centre of its operations overseas.

    Once compliance at the company level can be established, you will need to consider your own circumstances and relationship with the company and, you will be required to show that:

    ●      Are genuinely an existing senior employee of the overseas business with a historic employment record demonstrated by historic contracts, payslips and corresponding bank entries;

    ●      Have been recruited and taken on as an employee of the overseas business and were not solicited for the position from within the UK

    ●      Have demonstrable skills, experience and knowledge of the overseas business which makes you a suitable candidate to act as a representative of the overseas business when in the UK;

    ●     Have demonstrable full authority to negotiate and make operational decisions on behalf of the overseas business;

    ●     Genuinely intend to be employed full-time as a representative of the overseas business;

    ●     Will not engage in business of your own or represent any other business interest in the United Kingdom;

    ●     Do not have a majority stake in, or otherwise own or control, that overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement;

    ●     Are competent in the English language to at least CEFR Level A1 (speaking and listening);

    ●     Can maintain and accommodate yourself and your dependants.

    The above is a very generic overview only and the requirements will vary between applicants depending on many different variables hence this information should not be relied upon as an exhaustive guide.

    Speak with a member of our corporate team for a free dedicated assessment of your circumstances now on 0800 970 2727. We will carefully consider your circumstances and advise you on the best way forward for you

    Again, your specific requirements may vary dependant on your circumstances but, you would need to check the following:

     

    ●      Is the overseas parent company actively trading? (Will need to be active)

    ●      How long has the company been established? (Will need to be at least 2 years old

    ●      Will the company continue its existing operations overseas? (Must remain active and trading

    ●      Where are the company’s headquarters? (Must remain at the overseas parent location

    ●      Where will the principle place of business be? (Must remain at the overseas parent location

    ●      Does the parent company have any presence in the UK? (Must not have any existing presence in UK

    ●      Will the business follow the same trade as the parent? (Must be the same type

     

    ●      Is there a genuine need for the UK office? (Cannot be set up only for the visa)

    As we have explained earlier, this route is designed for senior employees and not business owners or controllers. Having said that, the rules do allow for you to hold a minority stake in the parent company. This means that you must not be a majority shareholder or otherwise be the controller of the parent company.

    Ultimately, the UK government is trying to establish whether you can be shown to have actual shareholding and most importantly control of the parent. This is a particularly complex area as businesses are structured differently in different parts of the world. As is the norm for legal matters, early, diligent preparation is the key and having lawyers with real hands on expertise can make all the difference.

    Often, we are contacted by new enquirers who have been advised that they do not qualify but our diligent and technically minded lawyers have been able to assist them in ensuring that their case is not only prepared and presented positively, but is technically sound and compliant thus ensuring that they are successful in their application.

    If you have doubts over your circumstances and are concerned that your position in the business may affect your eligibility, speak to our friendly team in complete confidence now to further discuss your problem and possible solutions on 0800 970 2727.

    If the partner is intending to join you in the UK then they, equally must not have a majority shareholding or controlling position in the company via any means.

    Share structuring and assignment of control can be a very complex area but our specialist team are on hand to simply explain the implications and options when considering the parent company structure in line with your objectives.

    You may need to prove your knowledge of the English language when you apply.

    You can prove your knowledge of English by either:

    ●     passing an approved English language test with at least CEFR level A1 in speaking and listening

    ●     having an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to a UK bachelor’s degree, master’s degree or PhD

    You may be able to meet the English language requirement in other ways.

    Exceptions

    You won’t need to prove your knowledge of English if you’re a national of one of the following countries:

    ●     Antigua and Barbuda

    ●     Australia

    ●     the Bahamas

    ●     Barbados

    ●     Belize

    ●     Canada

    ●     Dominica

    ●     Grenada

    ●     Guyana

    ●     Jamaica

    ●     New Zealand

    ●     St Kitts and Nevis

    ●     St Lucia

    ●     St Vincent and the Grenadines

    ●     Trinidad and Tobago

    ●     USA

    You also may not have to prove your knowledge of English in other circumstances

    Sole representatives

     

    When applying as a sole representative of an overseas company you’ll need to provide:

    ●     a full description of the parent company’s activities, including details of assets and accounts

    ●     a letter confirming the overseas company will establish a wholly-owned subsidiary or register a branch in the UK in the same business activity as the parent company

    ●     your job description, employment contract and salary details

    ●     a letter confirming you’re familiar with the company and have the power to take operational decisions

    You should also provide evidence that you:

    ●     are directly employed by the parent company and aren’t acting as a sales agent (ie hired by a company to sell or distribute their products within the UK, but working for yourself and providing your services for a fee)

    ●     were recruited to the company outside of the UK, hold a senior position and are able to make decisions on its behalf and have the authority to establish and operate a registered branch

    ●     will be working full time for the company for the duration of your stay and won’t carry out any other work

    ●     are not a majority shareholder in the company

    Newspaper, news agency or broadcast employees

     

    As an employee of an overseas newspaper, news agency or broadcasting organisation you must also provide:

    ●     a full description of the parent company’s activities, including details of assets and accounts

    ●     confirmation that you will be representing them in the UK in a long term, full-time role.

    You can apply to extend your stay in the UK under a Representative of an Overseas Business visa.

    You should include any dependants who are on your current visa on your application to extend – including children who have turned 18 during your stay.

    You should apply before your current visa expires.

    Eligibility

    You must already have this visa as either:

    ●     a representative of an overseas business

    ●     an employee of an overseas newspaper, news agency or broadcasting organisation

    You must also meet the following conditions:

    ●     you’re still working for the same employer as when you were issued your previous visa

    ●     you’re still working to establish the company’s first presence in the UK

    ●     your employer’s principal place of business is still outside the UK

    You must be in the UK to extend your visa.

    How long you can stay

    A Representative of an Overseas Business visa can be extended for up to 2 years after the original visa duration of 3 years.

    Your visa can be extended for 3 years if your previous Representative of an Overseas Business visa was issued before 1 October 2009.

    You can apply to settle once you have been in the UK for 5 years and you have an ongoing job with the same company.

    How long it takes

    A decision will be made within 8 weeks for online applications.

    You’ll be contacted if your application is complex and will take longer, eg:

    ●     if your supporting documents need to be verified

    ●     if you need to attend an interview

    ●     because of your personal circumstances (for example if you have a criminal conviction)

     

    Once you’ve applied you can stay in the UK until you’ve been given a decision, as long as you applied before your last visa expired.

    You may be able to switch to a Tier 1 (Entrepreneur) visa.

    You should apply before your current visa expires.

    You can apply to switch to this visa if you meet the eligibility requirements and you’re already in the UK under one of the following categories:

    ●     Tier 1 (Investor)

    ●     Tier 1 (Graduate entrepreneur)

    ●     Tier 2

    ●     a visitor who has been carrying out permitted activities as a prospective entrepreneur

    You can also switch from one of the following categories if you have specific types of funding:

    ●     Tier 4

    You must leave the UK and make your application from abroad if you’re in another category.

    You must meet the extension criteria, not the switching criteria, if you have had leave in this category in the 12 months before you apply.

    How long you can stay

    You can stay a maximum of 3 years after switching to a Tier 1 (Entrepreneur) visa.

    How long it takes

    A decision will be made on your application within 8 weeks.

    You’ll be contacted if your application is complex and will take longer. This could be because:

    ●     your supporting documents need to be verified

    ●     you need to attend an interview

    ●     of your personal circumstances, for example you have a criminal conviction

     

    Once you’ve applied you can stay in the UK until you’ve been given a decision, as long as you applied before your last visa expired.

    Your family members (‘dependants’) can come with you when you come to the UK on this visa. Your family members must have a visa if they’re from outside the European Economic Area (EEA) or Switzerland.

    A ‘dependant’ is any of the following:

    ●     your husband, wife or partner

    ●     your child under 18

    Children born while you’re in the UK

    If you have children while you’re in the UK, you can apply for permission for them to stay.

    You must do this if you want to travel in and out of the UK with your child.

    Costs of setting up will of course vary depending on what you the need the office to do and any specific operational requirements such as location, equipment etc.

    Our expert team will be able to guide you through every aspect of this process and can save you £000’s by utilising our extensive professional network and experience to ensure that your new venture is both cost effective and compliant.

     

    Speak to us now on 0800 970 2727 to discuss this further.

    There is no formal requirement to pay the overseas representative any specific amount but it should be noted that given that you are sending an individual to another country to represent your business based on their skill set and expertise, that the remuneration package that will be offered will be suitably aligned. Salaries must also meet UK legal requirements.

    Our expert team can assist you in navigating this complex area with effortless simplicity. We will work with you and utilise our professional network and expertise to ensure that you can take advantage of the most efficient and compliant options available to you.

    Speak to us now on 0800 970 2727 to discuss this further.

    There are many different immigration routes leading to residency and ultimately citizenship in the UK. Each visa type will have complex and very specific requirements which you will need to meet to get the initial visa as well as well as things that you need to do to ensure that you remain compliant so that when the need for a subsequent applicant arises, you are in a strong position.

    The main thing from your perspective would be that you understand that you are coming to the UK on a business visa to represent an overseas parent company which means that your true intentions must be that you will only engage in work with furthers the objectives of the overseas parent.

    You will not be allowed to carry out any other business or paid work which is outside of the scope of your overseas representative remit.

    As with all categories of the immigration rules, a Representative of an Overseas Business visa holder must comply with certain conditions of stay.  The most important condition is that Representatives are only able to be employed by the company that sent them to the UK.  It is not possible to have any other business interests or undertake any other part-time or consulting work in the UK on the side of employment for the business.

    At Claim Time Immigration Solicitors, we have vast first-hand experience and expertise of this route, so we understand where the pitfalls are and how to ensure you avoid them.

    Very often we will be contacted by new enquirers who are now stuck as they did not know about or comply with the very strict criteria which they should have been meeting over the last few years. This is usually because they used an agent or inexperienced lawyer who does not have first-hand experience of the practical challenges of this route.

    Sadly, you cannot rewrite historical mistakes, so it is vital you deal with professionals who ensure that you are and remain compliant throughout your immigration journey to save you time, money and the heartache of losing your overseas representative immigration status.

    Our expert team can assist you in navigating this complex area with effortless simplicity. We will work with you and utilise our professional network and expertise to ensure that you can take advantage of the most efficient and compliant options available to you.

    Speak to us now on 0800 970 2727 to discuss this further

    A Representative of an Overseas Business may bring, or be joined by, their spouse, civil partner, unmarried or same-sex partner and any children under the age of 18. Unfortunately, as with most other categories of the Immigration Rules, Representatives of Overseas Businesses cannot bring their parents, siblings or other extended family members.

    The overseas representative gives the main applicant, and their qualifying dependents the right (subject to compliance) to live in the UK. Initially you and your dependents are given the right to live in the UK for around 3 years.


    The main applicant must continue to act solely as a representative of the overseas business and must not do any other paid work.


    The dependents will be free to live, study and work in the UK as per their own discretion if they remain compliant with their visa rules (We can provide complete guidance and ensure compliance).

    The Overseas Representative route is a valid pathway to British Citizenship which means that as long as you have followed the rules whilst here and have remained compliant and eligible, both the main applicant and their dependents can obtain British Citizenship after 6 years of residency.


    Year 1 – An initial residency of 3 years is granted.


    Year 3 – A 2-year visa extension is required for all applicants


    Year 5 – You can apply for permanent residency in the UK for all applicants


    Year 6 – You can apply for British Citizenship for all applicants


    Our expert team will provide you with a tailored breakdown which will simply explain your bespoke roadmap to citizenship. We remain at your side to support you all the way through the journey and always ensure that our clients fully understand their obligations and avoid any mistakes which could cause them irreparable harm.

    Claim Time Immigration Solicitors are experts in this area and can work with you to ensure that a sound business case can be demonstrated which explains why the business needs an overseas representative and fully explains the logistics and operations of the UK branch office in detail.


    We have a strong professional network that can assist you in arranging a detailed and technically sound business plan which will be used by the UK government to consider your application. This is an extremely important part of the application and most refusals are a result of an inadequate business plan.


    Please note that a business plan for immigration purposes is not the same thing as a commercial business plan as the two have different objectives. A tailored plan is required in order to support the business case for you wanting to represent the overseas parent in the UK.


    Our expert team will explain this to you in more detail to ensure you have complete peace of mind and guidance on what is required and how.

    There are a lot of complex criteria that need to be met so how long the process takes will depend on many things such as your structure, availability of documents, verification of information etc.


    Claim Time Immigration Solicitors will always ensure that we are happy with all the information obtained and that we are comfortable with submitting the application before it is finalised.


    Our focus is on the outcome and we will make sure that the application is the strongest it can be before submission.


    Typical timeframe for a non-complex case would be 8 weeks from initial enquiry until submission of application but this will vary dependent on your individual circumstances.


    We will be able to give you a more accurate answer once we are instructed and have carried out a detailed review of all the relevant circumstances.

    The typical time is takes for a decision to be made once everything has been submitted is around 3 weeks. In some cases, we may be able to take advantage of specialised processing routes which will provide a decision within 5 days of the application being submitted.

    If you have read this page, chances are that you already know about this route and the basic requirements. You would have also picked up along the way that there are many technical and complex pitfalls along the immigration journey In simple terms, anybody can apply for anything but, what’s really important here is not whether you can apply but whether in fact, you can get the right result on the application.

    We are not experts because we can read the government guidance – you can do that yourself!

     

    We are not experts because we can fill out forms – you can do that yourself!

     

    We are experts because we have personally handled 1000’s of Overseas Representative visas.

     

    We are experts because we know exactly what needs to be done, how, why and when.

     

    We will see the problems before they become problems and act proactively.

     

    We have excellent geographical knowledge and understand different cultures so we know how things work around the world and understand which problems you will face in your corner of the world.

     

    We have an excellent track record and can produce many real-life case studies which can be heard and seen directly from our clients.

     

    Our technical knowledge and problem solving know how is unrivalled in the industry and we fix problems created by other agencies and lawyers daily as they lack the experience and expertise.

     

    We have global presence and regularly meet clients around the world.

     

    Our team had more than 60 years of collective first-hand,  genuine immigration experience.

     

    Our professional team contains lawyers, forensic accounts, barristers, ex HMRC staff, Ex UKVI staff.

    What fees do Claim Time Immigration Solicitors charge for their services?

     

    We look at every client as an individual. Fathers, mothers, daughters, sons, business moguls, visionaries etc. Whatever you are, wherever you are, you matter. Your lives, goals and dream matter so we don’t do black and white off the shelf services.

    We offer completely bespoke, tailored and personalised services for our clients.

    This means we take the time to understand who you are and what you need before we talk about prices.

    This way, we know what your wants, needs, preferences, objectives and challenges are before formulating a plan and legal strategy to ensure all that we do is sympathetic and personalised for you,

    Our fees will vary depending on what we need to how and how.

    We will first carry out an initial assessment with you to fully understand you and your circumstances, this assessment will be totally free of charge and will be delivered in an easy to understand and simple fashion.

    By the end of the assessment, you should be able to understand your current positions and options.

    Once we have done that, we will prepare a bespoke quotation for you on a completely fixed fee basis so you have total peace of mind and control over your fees so that unpleasant surprises are avoided and your case progresses smoothly from start to finish.

    We are confident that you will find our rates to be competitive and excellent value for money.

    We have flexible payment options and, as a token of our confidence in our abilities, can even offer pay on success options in some cases (terms and conditions apply).

    Contact us now for an advice

    08009702727
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