Representative of an Overseas Business visa
Overseas Business visa
Representative of an Overseas Business visa
This visa is for senior employees from overseas who want to set up and establish a branch of their company in the UK. This business must be active and trading overseas business.
The overseas parent company must continue and intend to have its headquarters and principal place of business outside of the UK. The business will be disqualified if the employee setting up the branch in the UK would involve the business moving the centre of the business to the UK. The Home Office will need to be satisfied that the branch in the UK intends to actively trade in the same type of business as the overseas business and is not being established solely for the purpose of facilitating the entry and stay of the sole representative.
As any other visa, there are requirements to be satisfied to qualify this visa. Some for the business and the other requirements for the representatives themselves:
The representative will have to demonstrate that;
- Are a genuine representative and they intend to work full-time as a representative of the overseas business;
- Have the skills, experience and knowledge of the business necessary to undertake the role of sole representative of the overseas business in the UK;
- Are an existing senior employee of the overseas business;
- Have the full authority to negotiate and take operational decisions on behalf of the overseas business;
- Do not have a majority stake in, or otherwise own or control, a majority of the overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement;
- Do not intend to engage in business of your own or work for any other business;
- Can show you can adequately maintain and accommodate yourself and your dependants in the UK, without recourse to public funds.
- Can show English language ability to at least CEFR Level A1 (speaking and listening);
- Must have been recruited and taken on as an employee of the overseas business outside of the UK;
The company overseas should:
- Be an active and trading overseas business;
- Have its headquarters and principal place of business outside of the UK;
- Intend to establish a registered branch or wholly-owned subsidiary in the UK that will actively trade in the same business activity as the overseas business;
- Have no other active branch, subsidiary or representative in the UK;
- Intend to maintain the centre of its operations overseas;
- Not be established or the sole representative appointed mainly for the purpose of facilitating the entry or stay of the sole representative.
Settlement in the UK as a Representative of an Overseas Business visa holder
Once the visa for a Representative for an Overseas Business has been approved, the applicant will have leave to enter and remain for 3 years initially. After the 3 years, they will need to submit a further application for leave, which will be for 2 years.
The applicant will need to still be working for the same employer as when the initial visa was issued and have established the parent company’s first presence in the UK.
After the 3 and 2 years as a Sole Representative, they could be eligible to apply for settlement. They will have to demonstrate that they have sufficient knowledge of language and life in the UK, spent 5 continuous years in the UK and not been absent for than 180 days in any of the 5 years prior to the date of application.
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