Navigating Settlement as a Sole Representative Visa Holder: A Comprehensive
The Representative of an Overseas Business category officially closed its doors on April 11, 2022. However, for those already treading the path of the Sole Representative route, the journey continues with the need to extend their leave or pursue indefinite leave to remain (ILR). This article aims to shed light on the key requirements for settling under the Sole Representative of an Overseas Business route and provides essential information for eligible dependants.
Businesses contemplating sending senior managers and specialized employees to the UK for international expansion may explore the Global Business Mobility – UK Expansion Worker route.
Overview of Sole Representative of an Overseas Business Route
To be eligible for settlement under the Sole Representative route, you must:
- Fulfill the validity requirements, including completing the correct application form and paying the application fee.
- Avoid falling foul of refusal under suitability requirements.
- Currently be in the UK with, or have last been granted, permission as a Representative of an Overseas Business.
- Have spent a continuous 5-year period in the UK before the application date as a Sole Representative.
- Demonstrate English language proficiency.
- Meet the Knowledge of Life in the UK requirement.
- Continue your work obligations.
- Satisfy the work and business requirements.
Successful applications result in settlement, and for those eyeing British citizenship, our website provides guidance on the naturalization process.
Continuous Residence in ILR Applications
Eligibility for ILR arises after five lawful years in the UK, with the last five spent as a Representative of an Overseas Business. Continuous residence, per Home Office guidelines, necessitates living in the UK with relevant permission, lawful residence, and no more than 180 days of absence in any 12-month period, barring exceptions for compelling personal circumstances.
Work and Business Requirements for Settlement as a Sole Representative
Work Requirement
Evidence of the overseas business’s continued activity and trading, with its headquarters outside the UK, is crucial. As a representative, full-time employment with the overseas business or its UK branch or subsidiary is mandatory. No engagement in other business ventures is permitted.
Business Requirement
Home Office guidelines state that throughout the qualifying period, the applicant must not have had a majority stake in the overseas business. Additionally, establishing and supervising the registered UK branch or wholly-owned subsidiary, actively trading in the same business as the overseas counterpart, is essential.
Appropriate documentation, as specified by the Home Office, is necessary, and seeking legal advice is recommended.
English Language and Life in the UK Test
Meeting English language and Knowledge of Life in the UK requirements is mandatory, unless exempted due to age or other qualifying criteria.
Dependants of Sole Representative of Overseas Business Applicants
Dependants include spouses, civil partners, partners in relationships akin to marriage, and dependent children under 18 or over 18 if last granted permission as a dependent child. Dependent partners must be over 18, and for settlement applications, they and dependent children must apply simultaneously, meeting language and knowledge requirements unless exempted.
