Extension Of Sole Representative Of An Overseas Business Visa UK
If you are currently in the UK on a Sole Representative of an Overseas Business visa, you can apply for an extension of your stay from within the country. The application for extending this visa is made through the online FLR (IR) application form. Upon a successful application, you will be granted an additional two years of leave to remain as a sole representative. It is important to note that the Home Office UKVI does not offer the Priority or Super Priority Service for visa extensions under this category; applications can only be processed via the standard service. Typically, the decision on your extension application will be made within 3 to 6 months.
Aden & Co Solicitors specialize in UK immigration law, offering top-tier legal services for visa and immigration matters. Our team of highly qualified and experienced immigration solicitors consistently receives positive feedback, with 99% of clients leaving 5-star reviews on Google, a testament to the high standard of service we provide.
Our team of experts in work visas can offer you professional legal guidance and representation for your application to extend your Sole Representative of an Overseas Business visa in the UK, on a fixed-fee basis. For personalized advice, you can either ask our team a question online for free immigration advice or book an appointment with one of our specialist solicitors to discuss the details of your application.
Eligibility Criteria for Sole Representative Visa Extension
To successfully apply for an extension of your Sole Representative Visa, you must fulfill the following eligibility requirements:
- Valid Application: You must submit a valid application from within the UK for the extension of your Sole Representative Visa.
- Age Requirement: The applicant must be 18 years or older on the date of the application.
- Suitability Criteria: The applicant must not be subject to refusal based on Part 9: Grounds for Refusal under the Immigration Rules.
- Employment Criteria: The applicant must meet the work-related requirements as outlined in Appendix Representative of an Overseas Business of the Immigration Rules.
- Senior Employee Status: The applicant must hold a senior position within the overseas business, possessing the necessary skills, experience, and knowledge to carry out the role. Additionally, the applicant must have full authority to negotiate and make operational decisions on behalf of the overseas business.
- Ownership and Control: The applicant must not own or control the majority stake in the overseas business they represent. This includes ownership through shareholding, partnership, sole proprietorship, or any other structure.
- Established UK Branch or Subsidiary: The applicant must have successfully established a registered branch or a wholly-owned subsidiary of the overseas business in the UK, for which permission was granted under this route.
- Full-Time Employment: The applicant must be employed on a full-time basis, overseeing the UK branch or subsidiary they established, and must be required by their employer to continue in that position.
- Evidence of Business Generation: The applicant is required to provide evidence of business conducted in the UK, including accounts, invoices, or letters from UK businesses the applicant has worked with, specifying the value of transactions and activities since the last grant of permission.
- Companies House Registration: The applicant must submit a Companies House certificate of registration as a UK establishment (for a branch) or a certificate of incorporation (for a subsidiary). In addition, a copy of the share register or a confirmation letter from the overseas business’s accountant must be provided, indicating that the UK business is wholly owned by the overseas company.
- Employer’s Confirmation Letter: A letter from the employer must confirm that the applicant supervises the UK branch or subsidiary and is required to continue in their current role.
- Salary Evidence: The applicant must provide proof of salary paid by their employer in the 12 months prior to the application, as well as details of the remuneration package.
- Genuineness Requirement: The applicant must meet the genuineness requirement set out in Appendix Representative of an Overseas Business of the Immigration Rules.
- Financial Maintenance: The decision maker must be satisfied that the applicant can financially support themselves and their dependents in the UK without relying on public funds, as detailed in Appendix Finance of the Immigration Rules.
- Compliance with Immigration Laws: The applicant must not be in breach of immigration laws, except where paragraph 39E applies, in which case overstaying will be disregarded. The applicant must also not be on immigration bail.
Work Requirement
The overseas business represented by the applicant must be operational and actively trading outside the UK, with its headquarters and primary place of operations remaining located outside of the UK.
The applicant must have been employed by the overseas business outside the UK and must be assigned to represent this business in the UK.
The applicant must intend to work full-time as a representative of the overseas business or media organization and should not engage in work for any other employer or operate their own business in the UK.
The applicant must be a Sole Representative who either holds, or has previously been granted, permission as a Sole Representative. This individual must be a senior employee of the overseas business assigned to the UK with the responsibility of establishing and overseeing a branch or subsidiary. This new branch or subsidiary must be actively engaged in the same business as the overseas entity it represents.
Genuineness Requirement
The decision-maker must be satisfied that the applicant is a legitimate representative of the overseas business. There must be no reasonable grounds to suspect that the business is being established in the UK solely for the purpose of facilitating the applicant’s entry clearance or permission to stay.
Financial Requirement
The decision-maker must ensure that the applicant has sufficient funds to maintain and accommodate themselves, as well as any dependants, in the UK, without resorting to public funds. The applicant must demonstrate that the funds meet the requirements set out in Appendix Finance.
Additional Business Requirements for Sole Representative of an Overseas Business Route
When applying under the Representative of an Overseas Business route, the applicant must adhere to the specific business requirements outlined in ROB 8.2 to ROB 8.6 of Appendix Representative of an Overseas Business. The applicant must meet the following criteria:
- The applicant must be a senior employee of the overseas business, possessing the necessary skills, experience, and knowledge to perform the role. They must have full authority to negotiate and make operational decisions on behalf of the overseas business.
- The applicant must not hold a majority stake in, nor have control over, the overseas business they are representing. This includes ownership through shareholding, partnership agreements, sole proprietorship, or any other arrangement.
- The applicant must have established a registered branch or a wholly-owned subsidiary of the overseas business, for which they were previously granted permission under this route.
- The applicant must be employed full-time and actively supervise the registered branch or wholly-owned subsidiary they have set up, with a continued requirement from the employer for them to stay in this role.
- The applicant must provide proof of business activity generated primarily with UK-based firms on behalf of their employer since their last grant of permission. This should include accounts, invoices, or letters from UK businesses, specifying the transaction values.
- The applicant must submit a Companies House certificate of registration for the UK branch or a certificate of incorporation for the subsidiary, along with a share register or a letter from the overseas business’s accountant confirming the UK establishment is fully owned by the overseas business.
- A letter from the applicant’s employer is required, confirming that the applicant is overseeing the UK branch or subsidiary and is obligated to continue in that role.
- The applicant must provide evidence of their salary over the 12 months immediately prior to the application date, along with details of the remuneration package.
Period and Conditions of Grant
The applicant will be granted an extension of leave to remain as a sole representative for a period of up to 2 years.
This grant will be subject to the following conditions:
- The applicant will not have access to public funds.
- The applicant may only work for the overseas business they represent and no other employer.
- Study is allowed, subject to the ATAS conditions specified in Appendix ATAS.
How Aden & Co Solicitors Can Assist with Sole Representative Visa Extension
Our experienced team of immigration solicitors at Aden & Co Solicitors specializes in providing expert legal advice and representation for the extension of a Sole Representative of an Overseas Business visa. We offer comprehensive support throughout the extension process, ensuring that every aspect of your application is handled professionally until a final decision is made by the Home Office UKVI.
Our dedicated team will manage the entire immigration casework for your extension application, which includes:
- Eligibility Assessment: We will evaluate your eligibility for a Sole Representative visa extension by reviewing all relevant requirements outlined by the Home Office.
- Document Guidance: Our solicitors will provide guidance on the necessary documents to submit in support of your extension application.
- Document Verification: We will meticulously review your documentary evidence to ensure compliance with Home Office UKVI standards for a successful visa extension.
- Application Form Completion: Our team will complete the online FLR (IR) application form for your Sole Representative visa extension.
- Cover Letter Preparation: We will draft a comprehensive cover letter that outlines how all criteria for the visa extension have been met.
- Application Submission: We will submit your extension application online, covering the required Home Office UKVI fees and scheduling your UKVCAS biometrics appointment.
- Supporting Documents Submission: All necessary supporting documents will be uploaded securely as part of the online application process.
- Follow-up and Case Management: We will handle any follow-up communication with the Home Office UKVI, addressing any queries they may have until a decision is reached.
Fixed Fees for Sole Representative Visa Extension
Aden & Co Solicitors offers fixed fees for Sole Representative visa extension services, ensuring transparency and clarity throughout the process. Our fee structure is as follows:
| Service | Fixed Fee Range |
|
Full service for Sole Representative visa extension from inside the UK, covering all work until a decision is made |
From £2,000 + VAT to £3,000 + VAT |
|
Full service for Indefinite Leave to Remain (ILR) as a Sole Representative from inside the UK |
From £2,000 + VAT to £3,000 + VAT |
The exact fixed fee will depend on the complexity and volume of your case. In addition to our service fees, applicants will be responsible for paying the Home Office UKVI application fees.