1. The Representative of an Overseas Business Visa is a compelling option for established non-EEA businesses seeking to establish a branch in the UK while still maintaining their head office operations overseas. The foreign business must have been in existence and trading for at least 12 months prior to the visa application, and may not have been established solely for the purpose of supporting a UK new business visa application.

2. The program does not allow the overseas company to move their core operations and head office to the UK initially. The program is therefore not suitable for sole traders and small, single-person operations seeking to immigrate to the UK.

3. In part to ensure that the overseas operations test is met continually, majority shareholders (50% to 100% shareholding) in an overseas business are not eligible to apply for the Sole Rep Visa.

4. The legitimacy and establishedness of the overseas business itself is scrutinized extensively. By the same token, the legitimacy and potential viability of the UK branch or subsidiary is weighted heavily, making a compelling business plan and realistic go-to-market strategy essential.

5. As of 4 June 2020, majority shareholders are no longer allowed to pass shares on to their spouse or any other dependent applicants, nor is their spouse allowed to act as the primary applicant and sole business representative in the UK.

6. It is important to note that the applicant has to be a senior employee of the overseas business. The applicant has to have been recruited to the overseas business outside of the UK, and have had to be in the employ of the company for at least 12 months prior to the date of application.

7. Where an outside party is recruited, outside the UK, to act as an overseas company’s operational head in the UK, extensive proof of this person’s track record in setting up overseas branches for other companies will have to be submitted.

8. The overseas business must genuinely intend to use the new branch or subsidiary to do business in the UK; the branch cannot merely be set up for the purposes of attaining UK residency and settlement status.

9. The overseas business is not allowed to have had a UK branch previously. It is therefore highly advisable to apply for the Overseas Business Representative Visa before legally establishing a branch or subsidiary, opening a bank account or recruiting staff, as any of these activities could potentially create complications pertaining to this requirement having been violated.

10. The UK authorities are under no obligation to enter into any correspondence with applicants should their application be deemed incomplete or incorrectly structured, and appealing a Sole Representative Visa rejection is extremely onerous – not to mention frequently futile. It is therefore highly recommended to contract an experienced UK business immigration firm with experienced solicitors and a track record of success – ideally with an approval rate of around 100%.

11. While the UK government does provide extensive guidance for the Overseas Business Representative Program online, it is can be confusing and does not provided templated examples of what your branch business plan and application structure should look like.

    Moreover, the most recent requirements may not be fully covered by much of the guidance material available online. Again, it is advisable to work with expert UK immigration solicitors who specialise in assisting foreign business with new branch setup, sole representative business plan writing and Overseas Representative Visa applications.

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While rejections are far less likely to occur on technical grounds provided that you work with UK immigration experts specialising in Overseas Representative Visa applications, these typically stem from insufficient supporting documentation, insufficient financial means or concerns around the legitimacy of the parent company or the commercial viability of the proposed UK branch or subsidiary. Working with an expert team of UK immigration professionals and solicitors and employing a proven application approach, these risks can be largely mitigated, however for applicants lodging their submissions independently, the pitfalls are manifold and hard to anticipate.

Contact us now for more information and to set up a free pre-qualification call with an expert UK immigration consultant now.

DISCLAIMER: The above information does not constitute legal advice and are intended to be viewed as general information on the topic only. While every effort has been made to ensure the accuracy of the content on this site, regulations change frequently and the veracity of the information is not guaranteed. By accessing this site you understand and acknowledge that there is no solicitor and client relationship between you or your company and the site owners or the UK immigration firm we work with. Legal advice is only provided to contracted clients.

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