UK REPRESENTATIVE OF AN OVERSEAS BUSINESS VISA
The UK Representative of an Overseas Business visa category is for businesses that wish to send a senior employee to the UK in order to establish a commercial presence for the company in the UK.
What is a UK Representative of an Overseas Business visa?
The UK Representative of an Overseas Business visa allows a senior employee of an overseas business to come to the UK to set up and run a UK branch or wholly-owned subsidiary of the overseas parent company. Indefinite leave to remain (ILR) can be achieved after 5 years in the Representative of an Overseas Business visa category.
Requirements for a UK Representative of an Overseas Business visa
In order to qualify for a UK Sole Representative of an Overseas Business visa you will need to satisfy UK Visas and Immigration that your overseas company:
- Is an active and trading overseas business;
- Has its headquarters and principal place of business outside the United Kingdom;
- Has no other active branch, subsidiary or representative in the UK;
- Intends 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;
- The overseas business will not be established or the sole representative appointed mainly for the purpose of facilitating the entry or stay of the sole representative;
- Intends to maintain the centre of its operations overseas.
You will also need to demonstrate that you:
- Are a genuine Representative of an Overseas Business;
- Are an existing senior employee of the overseas business;
- Have been recruited and taken on as an employee of the overseas business outside of the UK;
- Have the skills, experience and knowledge of the business necessary to undertake the role of sole representative of the overseas business in the UK;
- Have full authority to negotiate and take operational decisions on behalf of the overseas business;
- Intend to work full-time as a representative of the overseas business;
- Do not intend to engage in business of your own or work for any other 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;
- Can show English language ability to at least CEFR Level A1 (speaking and listening);
- Can show you can adequately maintain and accommodate yourself and your dependants in the UK, without recourse to public funds.
Is your business eligible to establish a UK branch or subsidiary?
For an employee to qualify for a UK Overseas Business Representative visa, the parent company must be an active and trading overseas business. The overseas parent company must have, and intend to continue to have, its headquarters and principal place of business outside the UK. If the parent company already has a branch, subsidiary or other representative in the UK then the business will be excluded. Even where there is no representative in the UK, the business will be disqualified if the employee setting up the branch or subsidiary in the UK would involve the business effectively moving the centre of its business operations to the UK. The Home Office will also need to be satisfied that the branch or wholly-owned subsidiary 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.
Choosing a UK Representative of an Overseas Business visa candidate
The UK Representative of an Overseas Business visa applicant must genuinely be an existing senior employee of the overseas business who was recruited and taken on as an employee of the overseas business outside of the UK. They will genuinely have the skills, experience and knowledge of the overseas business necessary to undertake the role of sole representative of the overseas business in the UK. The Representative of an Overseas Business visa candidate will have full authority to negotiate and take operational decisions on behalf of the overseas business and genuinely intend to be employed full-time as a representative of the overseas business. They must genuinely intend to not engage in business of their own or represent any other business’s interest in the United Kingdom.
Can a UK Representative of an Overseas Business be a shareholder?
The Immigration Rules require that an applicant for a UK Representative of an Overseas Business visa must not have a majority stake in, or otherwise own or control, the overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement.
This means that applicants can be shareholders, but they must not own more than 50% of the available shares in the business at the point of application. Existing majority shareholders may qualify for a Representative of an Overseas Business visa if they reduce their shareholding prior to applying. However, applicants should note that the Home Office will look at the company share distribution in both the current and the previous year.
Applicants (both shareholders and non-shareholders) should also note that the requirements of the route go beyond ownership to cover control. Regardless of the stake in ownership, applicants must not control the overseas business by means of any other arrangement.