Know the Challenges Faced by Sole Representatives
International businesses can establish their presence in the UK without making any large investments, such as the £200,000 required under the Entrepreneur route as per the UK Immigration rules. Many companies choose to send an individual employee to the UK to test the waters in the UK and develop a presence in the UK.
Much to the business owners delight, wishes and interest these businesses can send a ‘representative’ to the UK by making an application under the category known as ‘representative of an overseas business visa’ to establish a business presence in the UK. The parent company must be a genuine commercial enterprise with its principal place of business outside the UK.
The representative is required to file an online visa application form and supported by the employer documents which would also confirm the financial standing of the company. It is essential to consider the following:
- Its turnover to evidence the company is actively trading
- Its registered office must be outside the UK- having one in the UK- defeats the purpose of the application
- The type of business should same as the intended business in the UK- For example, it must supply a similar product or service
Few challenges which may be encountered by the businesses are that:
- There should not be any physical presence of the company in UK such as no active branch, subsidiary or other representatives in the UK
- The company’s headquarters and principal place of business should be outside the UK.- this is to prevent that the intention is not to move the main center of business to the UK
- If there is already a branch, subsidiary or other representatives in the UK, employees must apply under the point based system
- An agent hired to market the company’s products in the UK would not be considered as sole-representatives
- A sales representative or buyer who only fulfills that specific role for the company
- A company can only send one representative. If one is admitted then the other can apply under the Tier 2 of the points based system- this is subject to the company holding a Tier 2 sponsor license
- The branch established in UK should exist only as a legal entity
- After the successful UK Sole representative visa application, the holders of this leave to remain are only allowed to work in the business in which they have appointed in. They are not allowed to take up any other establishment or paid job
- Additional evidence is always considered while the Entry Clearance Officer is assessing your application
It is imperative that businesses seek a Sole Representative of an Overseas Business visa inquiry so as to identify the strengths and weaknesses of any application and deal professionally and competently with questions from the UK Home Office.
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