With all the turmoil and uncertainty over Brexit, you may question who would contemplate establishing a branch office or a wholly owned subsidiary company in the UK with just one employee, at a time of unprecedented political upheaval. However, the best London immigration solicitors find that the most ambitious non-EEA entrepreneurs and business owners say that the time to expand into new markets is when times are challenging so that you can steal a march on the competition.
based business owners want to start small when they are thinking of setting up a subsidiary or branch in the UK for an overseas parent company. That is why the Sole Representative
of an Overseas Business visa can be an ideal option for them.
How can OTS Solicitors help?
OTS Solicitors are based in central London and specialise in business immigration
law. Our expertise is recognised by inclusion in Legal 500, a leading directory of UK lawyers.
Our team of business immigration
solicitors can advise you on the option of creating a wholly owned subsidiary company or branch in the UK for your overseas parent company and the obtaining of a Sole Representative
of an Overseas Business visa to help your business achieve its UK expansion goals.
Please call us on 0203 959 9123 to discuss how OTS Solicitors business immigration
solicitors can help you.
Who can apply for a Sole Representative of an Overseas Business visa?
Under current Immigration
Rules, the Sole Representative
of an Overseas Business visa is an important option for any non-EEA
business who wants to invest in the UK and expand their existing business into the UK. The visa permits a representative of a non-EEA
business to come to the UK and set up a wholly owned subsidiary or branch of the overseas parent company.
What are the criteria for a Sole Representative of an Overseas Business Visa?
• Been recruited and employed by an overseas parent company outside the UK, whose company headquarters and principal place of business are outside the UK, prior to submitting the Sole Representative of an Overseas Business visa application;
• No intention to undertake any other Employment in the UK;
• An intention to establish the parent company’s first commercial presence in the UK, namely a registered branch or a wholly owned subsidiary of the overseas company;
• Extensive knowledge and expertise in the particular industry of the overseas parent company;
• A senior position within the overseas parent company, but not as a majority shareholder of the company;
• Full authority to make decisions on the parent company’s behalf;
• Sufficient funds to support themselves and their dependants (if applicable) in the UK;
• Sufficient command of the English language to meet the English language test requirement.
Sole Representative of an Overseas Business visa and genuine commercial enterprise test
For a parent company to satisfy the requirements of the Sole Representative
of an Overseas Business visa, top London immigration solicitors
advise that the company must be a genuine commercial enterprise. The parent company must also have its principal place of business outside the UK and must intend to keeps its main centre of operations abroad. This type of visa is therefore unsuitable for a business owner and company that wants to relocate to the UK and close down its non-EEA
country base of operation.
Overseas business owners are always pleased to hear that there is no minimum salary level requirement for a Sole Representative
. However, the representative must be on a salary that is sufficient to support themselves and any dependant family members.
Rules state that a Sole Representative
and any dependant family members are not entitled to access public or state funds for support so evidence of salary is important.
Sole Representative of an Overseas Business visa and dependant family
• A spouse, civil partner, same sex or unmarried partner;
• A child of the applicant or their partner who is under the age of eighteen.
To secure clearance for family members the best London immigration solicitors
advise that it is essential that the Sole Representative
can show that their level of income from the overseas parent company is sufficient and the family will not require access to state resources.
Sole Representative of an Overseas Business visa - length and extension
Sole Representative of an Overseas Business visa and settlement
• Work full time for their overseas parent company employer;
• Bring dependant family to live in the UK;
• Extend the Sole Representative of an Overseas Business visa;
• Apply to settle in the UK after they have lived in the UK for five years;
• Set up their own self-employed business;
• Work for an employer other than the overseas parent company;
• Stay in the UK if the visa holder ceases to be the Sole Representative of the parent company;
• Switch from the Sole Representative of an Overseas Business visa category to a new visa category;
• Use public funds to help support either the Sole Representative or their dependents.
How can OTS Solicitors help?
The application process for a Sole Representative
of an Overseas Business visa can seem a bit overwhelming, especially as the application has to be made outside of the UK.
OTS Solicitors are experts in business immigration law and can help with all types of business immigration visas from Start-up visa, Innovator visa and Sole Representative of an Overseas Business visa. Please contact us on 0203 959 9123 for an initial discussion of how the OTS Solicitors business immigration team can help you.