NEW APPLICANTS

The Sole Representative route is closed to new applicants

It is no longer possible to make a new Sole Representative Visa application for the purpose of establishing a UK branch or wholly owned subsidiary of an overseas business.

The principal replacement route is the UK Expansion Worker Visa under the Global Business Mobility system.

The Expansion Worker route allows an eligible overseas business to sponsor senior managers or specialist employees who are being assigned to the UK to establish its first UK trading presence.

The overseas business must normally obtain a UK Expansion Worker sponsor licence before it can sponsor the relevant employees.

EXISTING VISA HOLDERS

Sole Representative Visa extensions

Existing Sole Representative visa holders may continue to apply for further permission under the Representative of an Overseas Business route.

A successful extension application will normally provide permission for a further two years.

The applicant must continue to satisfy the requirements of the route and show that the circumstances on which the original visa was granted remain genuine.

This will normally include showing that:

• the overseas parent business remains active and trading;
• the overseas business continues to have its headquarters and principal place of business outside the UK;
• the applicant remains employed by the same overseas business;
• the applicant continues to supervise the UK branch or wholly owned subsidiary;
• the UK operation was genuinely established as a branch or wholly owned subsidiary;
• the applicant has not taken majority ownership or control of the overseas business;
• the applicant is working only for the overseas business they represent; and
• the applicant and the business have complied with the conditions of the route.

The Home Office may closely examine the ownership, control, trading activity and relationship between the overseas parent business and its UK establishment.

INDEFINITE LEAVE TO REMAIN

Settlement as a Sole Representative

Existing Sole Representative visa holders may be eligible to apply for indefinite leave to remain after completing five continuous years under the Representative of an Overseas Business route.

Settlement is not automatic. The applicant must continue to meet the business and employment requirements and provide detailed evidence covering the qualifying period.

An applicant will normally need to show that:

• they have completed the required period of continuous residence;
• they remain employed by the same overseas business;
• the overseas business remains active and has its principal place of business outside the UK;
• the UK branch or subsidiary remains active and trading;
• they continue to have responsibility for supervising the UK operation;
• they have not acquired majority ownership or control of the overseas business;
• they meet the applicable absence and continuous residence requirements;
• they have passed the Life in the UK Test; and
• they meet the applicable English language and suitability requirements.

The evidence should demonstrate that the arrangement has remained genuine throughout the qualifying period and that the applicant continues to represent the overseas parent business in the UK.

CHANGES IN CIRCUMSTANCES

Changes affecting the business or representative

Changes to the overseas business, UK establishment or representative’s role can affect eligibility for an extension or settlement.

You should obtain advice where there has been a change involving:

• the ownership or control of the overseas business;
• the applicant’s shareholding or seniority;
• the applicant’s employment arrangements or job duties;
• the overseas business’s trading activity;
• the location of the overseas headquarters;
• the ownership of the UK company;
• the relationship between the UK and overseas entities;
• the UK business’s activities or trading position;
• the applicant undertaking work for another organisation; or
• the applicant spending significant periods outside the UK.

These matters should be assessed before an application is submitted, as historic changes can create questions about whether the requirements have been met continuously.

PARTNERS AND CHILDREN

Applications for dependant family members

An eligible partner or child may be able to extend their permission as the dependant of an existing Sole Representative visa holder.

Dependants may also be able to apply for settlement where they meet the relevant relationship, residence and suitability requirements.

Additional restrictions can apply where the partner owns or controls a majority of the overseas business represented by the main applicant.

UK EXPANSION WORKER

The current route for new overseas business expansions

The UK Expansion Worker Visa is for senior managers and specialist employees who are being assigned to the UK to undertake work connected with an overseas business’s expansion into the UK.

It may be suitable where:

• the overseas business is active and trading outside the UK;
• the business has not yet begun trading in the UK;
• the business intends to establish a genuine UK branch or subsidiary;
• the applicant already works for the overseas business;
• the applicant will undertake an eligible senior or specialist role; and
• the UK entity can obtain an Expansion Worker sponsor licence.

Unlike the former Sole Representative route, the Expansion Worker Visa requires sponsorship and does not itself provide a direct route to settlement.

Businesses should therefore consider how the initial expansion will be structured and whether the UK company may later need to obtain a different type of sponsor licence.

OUR SERVICES

How Westkin can help

Sole Representative extension and settlement applications require detailed evidence about both the individual applicant and the continuing relationship between the overseas parent company and its UK establishment.

Our business immigration lawyers can assist with:

• assessing eligibility for an extension or settlement;
• reviewing the original Sole Representative application;
• examining the ownership and control of the overseas business;
• reviewing the applicant’s employment, seniority and responsibilities;
• checking the structure of the UK branch or subsidiary;
• reviewing evidence of overseas and UK trading activity;
• assessing changes that have occurred since the original visa was granted;
• calculating continuous residence and absences;
• preparing the online immigration application;
• preparing detailed legal representations;
• reviewing business, financial and corporate documents;
• responding to Home Office requests for further evidence;
• preparing applications for partners and children; and
• advising new applicants on the Expansion Worker route.

WHY WESTKIN

Why businesses and representatives choose Westkin

Sole Representative applications require a combination of immigration law, corporate evidence and a clear understanding of how the overseas and UK businesses have operated in practice.

Lawyer-led advice: your application is reviewed by an experienced business immigration lawyer.

Detailed corporate review: we examine the ownership, control, trading activity and relationship between the overseas business and its UK establishment.

Extension and settlement experience: we identify issues that may have developed since the original visa application and advise how they should be addressed.

Support for new expansions: we also advise overseas businesses on the current UK Expansion Worker sponsor licence and visa process.

Established immigration firm: Westkin is Legal 500 ranked, regulated by the SRA and IAA, has more than 700 Google reviews and has advised more than 70,000 individuals and businesses.

WHAT HAPPENS NEXT

Start your extension or settlement application

We begin by reviewing your current immigration permission, the original Sole Representative application and the subsequent development of the overseas and UK businesses.

We will identify the requirements that apply, highlight any risks and provide a clear list of the corporate, financial and personal documents needed.

Once instructed, our lawyers can prepare the application, supporting evidence and detailed legal representations before submission.

Speak to a Sole Representative Visa lawyer

Existing Sole Representative visa holders may still be able to extend their permission or apply for indefinite leave to remain.

New applicants seeking to establish the first UK branch or subsidiary of an overseas business should consider the UK Expansion Worker route.