Sole Representative Visas for Employees

Introduction

You may well be sent to the UK by a company which does not have as yet, an existing UK presence, if this is the case you may be permitted to come to the UK using a sole representative visa. But, this type of visa is only designed to be of assistance to established overseas companies, so in that case it should not be used for your own immigration convenience, thus any application must show that expansion to the UK is viable and sensible for the overseas company.

If it is the case that you are an entrepreneur coming to establish and set up your own business, you will not qualify for a sole representative visa – Click Here for more information on visas for Entrepreneurs.

Will my Company Qualify to send a Sole Representative to the UK?

The company you have must be a genuine existing enterprise; if it is the case that it has been operating as a business for less than a year, it is most unlikely to be considered a suitable sponsor under this category.

The sending of a Sole Representative to the UK should be for the company’s benefit, and not just for the immigration purpose of the candidate and the budget which is allocated to the UK expansion must not be unrealistic in as far as the context of the company’s size, trading activities or profitability.

You can expect the commercial logic of the planned expansion into the UK to have a much closer inspection if it is a small business and the new UK presence may be considered as another route in which you don’t really have any overseas involvement.

After the company has sent the representative to the UK, the majority of its business should continue to be abroad. If it seems that the whole idea of sending the representative to the UK will probably bring about “eventually” a transfer of corporate operations so as to have them based or headquartered in the UK, You should expect the application not to go through.

Am I a suitable person to be sent to the UK as a Sole Representative?

To be considered a suitable Sole Representative of your company to the UK, you must be a senior employee recruited outside of the United Kingdom.

You will most definitely be considered suitable if you have been employed overseas for a significant amount of years and you have a good understanding of the company’s business and procedures. If it is the case that you have been newly recruited with the reason to start a UK office, you will need to be able to show a commitment in your role.

If the business is a family run business and you are a junior member of the family, you can expect the application “once again” to attract a much closer inspection. You can’t expect to succeed unless you have the qualifications and experience that is expected for commercial use as opposed to family concerns.

You will be considered unsuitable if you own a majority or a controlling interest in the proposed new UK entity, or the overseas company.
(in actual fact, the maximum satisfactory shareholding is not 49% but 30-35%). The Sole Representative visa is not supposed to be made for owner-managers or entrepreneurs.

As a Sole Representative you will normally be given an initial visa for a 12 month period, when you arrive in the UK you will usually be entitled to healthcare from the UK’s National Health Service (NHS). You will then have to take an examination to make sure you have no serious medical conditions.

What about the spouse/children of the Sole Representative?

You can apply for your spouse and children to accompany you as your dependants.

Education

Your children entering the UK as your dependants are entitled to the same free education as British children. You may choose to send your children to a private school if you wish.

Health care

You and your family will be entitled to free health care with the NHS (National Health Service). You are not acquired to take out private health insurance, however you may do so if you so wish.

Work

Your spouse is entitled to take up any lawful employment.

How can a UK Sole Representative visa be Extended?

Sole representative visas are usually granted for an initial twelve month period.

When you have been in the UK for 12 month period, it is usually possible to extend their stay for a further more 3 years. This application has to be made whilst you are in the UK, however you will have to temporarily surrender your passport to the home office while the application is going through.

The extension application will need to be accompanied by the following articles:

Sufficient proof that you are still required by your employer as their sole representative.
Accounts of the business generated in the first year of UK presence.
Adequate Proof that you have been properly salaried as the person in charge of the subsidiary.

After 4 years of being in the UK as a Sole Representative, you will be able to apply for settlement (permanent residence) providing that your employer still requires you to continue in your role.

What Data and Documents are required to make a UK Sole Representative Visa Application?

Documents

Last year’s accounts of the company’s assets, turnover, and full details of share distribution of the previous year.
A letter to confirm that the company will establish a wholly owned subsidiary or register a branch within the United Kingdom;
Your contract of employment (this should include your salary);
Confirmation that you are fully familiar with the company’s activities and that you have full powers to negotiate and take operational decisions about the planned UK entity without reference to the overseas parent;
A notarised statement from the company stating that you will be the sole representative and that the company has no other branch, subsidiary, or representative in the United Kingdom;
A notarised statement confirming that the company’s operations will remain centred 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;
Your passport.

Data

An Inventory of the company’s activities overseas
Your job description and salary
A fully detailed business plan for the proposed UK office.

UK Sole Representative Visa FAQs:

What will happen if the company has already incorporated a UK branch/subsidiary?

Sole Representative Visas are only made available to overseas firms that have no branch, subsidiary, or other representative in the United Kingdom. But, It is acceptable to form a UK company in anticipation of such an appointment so as long as the UK company exists only as a shell which has not yet started to trade.

Is it possible for a sole representative to be Shareholders in the Parent Company?

No, a Sole Representative may not be the majority shareholder in the parent company. additionally, 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 acceptable. Shareholdings in excess of 30% in the parent are likely for a closer inspection of their application.

Can Sole Representatives Act as Agents?

A sole representative must be seen to be in full-time employment and establishing a commercial presence for the parent company in the United Kingdom. This forbids taking up secondary employment or acting on behalf of anyone other than the parent company.

How long does it normally take to process a Sole Representative Visa Application?

It depends, if the application is deemed to be simple, it will probably be processed by the Entry Clearance Officer at the Overseas British Consular Post. So if this is the case, you can expect an application will usually take no longer than ten working days.

If an application is seemed to be complex, or where a closer look has been involved it may be referred back to the Home Office in the UK. And than applications have been known to take over nine months to process.

Applications where the candidate is Russian, Chinese (PRC), North Korean, or Libyan, will be referred back to the UK, and will than take up to nine months to process.

If you wish to make an application for a Sole Representative Visa, please fill out our on-line form.