Sole Representative of an Overseas Business visa

What Was the UK Sole Representative Visa?

The Sole Representative of an Overseas Business Visa, also known as the Sole Representative Visa, was designed specifically for senior employees of overseas businesses who wanted to set up a UK branch. Sponsored individuals could come to the UK to establish a UK branch or a wholly owned subsidiary of an overseas parent company with the intention of expanding into the UK where there is no prior presence.

This visa closed to new applicants in April 2022. Individuals who might have qualified for this route may now consider applying for the UK Expansion Worker visa, which falls under the Global Business Mobility route.

Alternatively, suppose you are setting up a new business in the UK or already own an existing UK business. In that case, you may be eligible for a Skilled Worker visa through self-sponsorship, meaning your UK company sponsors you.

Visa Pathway

The Sole Representative visa provided a route to settlement, with Indefinite Leave to Remain (ILR) obtainable after 5 years under the Representative of an Overseas Business visa category. This status allows individuals to remain in the UK indefinitely, and after holding ILR for at least 12 months, they may be eligible to apply for British citizenship.

To qualify for ILR, applicants must meet additional requirements under Appendix Skilled Worker of the UK’s Immigration Rules. These include:

• Continuous residence in the UK
• Meeting the sponsorship and salary thresholds
• Passing the Knowledge of Life in the UK test"

Dependents & Family Members

A Sole Representative of an Overseas visa holder could bring their spouse, civil partner, unmarried or same-sex partner, and any children under 18 to the UK. However, they could not bring parents, siblings, or other extended family members.

A partner accompanying or joining the Sole Representative must not have a majority stake in or control over the overseas business. This includes any form of ownership or control, such as shareholding, a partnership agreement, sole proprietorship, or any other arrangement.

Fees

The Home Office application fee for a Sole Representative of an Overseas Business visa was £610. Applicants also had to pay the Immigration Health Surcharge.

Processing Time

Most applications were processed within 3 weeks.

Some application centres also offered a priority service for an additional fee, allowing applicants to receive a decision on their entry clearance within 5 working days.

Visa Eligibility & Requirements

To apply for the Sole Representative of an Overseas visa, you had to be either:

• The sole representative of an overseas company planning to set up a UK-based branch or a wholly-owned UK subsidiary for an overseas parent company.
• An overseas newspaper, news agency or broadcasting organisation employee posted on a long-term assignment to the UK.

Employee Requirements

The applicant must be a genuine senior employee of the overseas business. They must have been recruited and employed outside the UK. They should have the necessary skills, experience, and knowledge to act as the sole representative in the UK, with full authority to negotiate and make key operational decisions on behalf of the parent company.

You could apply as the employee who:

• Is employed by a company outside the UK and was recruited to the business outside the UK.
• Aims to set up the company's first commercial presence in the UK.
• Has comprehensive, relevant industry experience.
• Has a senior position within the overseas company.
• Has full authority to negotiate and take operational decisions on behalf of the overseas business to represent it in the UK.
• Is applying to be the sole representative in the UK of an overseas employer who intends to establish and operate a registered branch or wholly-owned subsidiary. That branch or subsidiary will operate in the same business activity as overseas.
• Is not a majority shareholder in that overseas business (under 50% shareholding).
• Intends to work full-time for the organisation.
• Does not intend to take any other employment.
• Provides evidence that they can adequately maintain and accommodate themselves and any dependants without recourse to public funds.
• Meets the English language requirement.

Employer Requirements

The overseas parent company must have and intend to maintain its headquarters and principal place of business outside the UK. The Home Office must be satisfied that the UK branch or wholly-owned subsidiary is being established to actively trade in the same type of business as the overseas company. It cannot be set up solely to facilitate the entry and stay of the sole representative. Therefore, the Home Office would check that the y employed had:

• Its headquarters and principal place of business outside the UK.
• No active branch, subsidiary, or another representative in the UK.
• A UK-registered branch / wholly-owned subsidiary that will operate the same type of business as the overseas business.

Documentation

When applying for the Sole Representative of an Overseas Business visa, you must submit various documents to support your application. These can vary depending on the applicant's circumstances but will typically include:

• A valid passport with a blank page in your passport is needed to place the visa vignette.
• Evidence of financial support showing you can maintain yourself and any dependents during your time in the UK—such as recent bank statements or payslips covering the last 6 months.
• Proof that you meet the English language requirement, such as an approved English language test certificate or evidence of an academic qualification taught in English.
• A detailed description of the overseas parent company’s activities, including information on its assets, accounts, and business operations.
• A letter from the overseas employer confirming that you are being sent to the UK as their sole representative in a long-term, full-time role.
• Details of your accommodation in the UK.
• Tuberculosis (TB) test results if you are from a country where TB testing is required.

How to Apply for the UK Sole Representative Visa

To apply, the applicant must intend to work full-time for the overseas business, managing and overseeing the UK branch or subsidiary establishment. Applicants cannot engage in their own business or represent any other organisation’s interests in the UK.

At the time of application, applicants must be outside of the UK. The overseas business must have no existing branches or representatives in the UK at the time of application for an overseas business visa category for an overseas business visa.

Visa Duration & Conditions of Stay

Representative of an Overseas Business visa holder, you were usually granted an initial stay of 3 years. Holders of the Sole Representative visa are not permitted to:

• Work for yourself or do any other business activities
• Stay in the UK if your employer terminates your sole representative role
• Switch to this visa from another visa category

Visa Extension

Existing Sole Representative visa holders can usually still apply to extend their visa for a further 2 years, provided they continue to meet the eligibility requirements, such as actively representing the overseas business and working full-time in their role.

Indefinite Leave to Remain

The Representative of an Overseas Business Visa offers 3 years of stay, with the option to extend for another 2 years. After 5 years of stay in the UK, you may be eligible for Indefinite Leave to Remain. This will allow you to run your branch or subsidiary – or work for your news organisation – with the reassurance of Permanent Residence. An application process must be completed to be granted Indefinite Leave to Remain.

Get Support With Visa Application

If you want to either extend an existing Sole Representative Visa or find an alternative UK visa route, the QC Immigration team can look at your circumstances and advise on potential routes forward. Expertise and support from our immigration lawyers can significantly increase the chances of a successful application. We understand the immigration rules and can simultaneously reduce the stress of applying.