Sole Representative Visa

Key takeaways

• The Representative of an Overseas Business route, commonly called the sole representative visa, closed to new applicants on 11 April 2022.
• The only people who can still make a new application are employees of an overseas newspaper, news agency or broadcasting organisation posted to the UK on a long-term assignment.
• Existing sole representative visa holders were not affected: they can still extend their stay and apply to settle.
• The visa is granted for 3 years, can be extended once for up to 2 years, and can lead to settlement after 5 years’ continuous residence.
• Settlement requires meeting the English language requirement and passing the Life in the UK test; partners and children can extend and settle alongside the main applicant.
• A business setting up its first UK presence now uses the UK Expansion Worker visa, which requires a sponsor licence.

The sole representative visa, formally the Representative of an Overseas Business visa, once let an overseas company send a senior employee to the UK to set up and run its first British branch or subsidiary. It is one of the best-known UK business immigration routes, but its status has changed significantly.

Since 11 April 2022 the route has been closed to almost all new applicants. It still matters, though, for two groups: people already in the UK on this visa who want to extend or settle, and a narrow category of media employees who can still apply.

Table of contents

• What is the Representative of an Overseas Business (sole representative) visa?
• Eligibility criteria for a UK sole representative visa
• How long can you stay, and does it lead to settlement?
• Conditions of the sole representative visa
• Documents to support a sole representative visa application
• Sole representative visa fees
• Sole representative visa processing time
• Can a sole representative bring dependants to the UK?
• What a business should use instead: the UK Expansion Worker visa
• How can we help?
• Frequently asked questions

What is the Representative of an Overseas Business (sole representative) visa?

The Representative of an Overseas Business visa is a work route that allowed a single senior employee — the “sole representative” — to come to the UK to establish and run a branch or wholly owned subsidiary of an overseas company whose headquarters and main place of business remained outside the UK. The representative had to be a senior employee with authority to take operational decisions, but could not be a majority owner of the business.

While the route is now closed to most new applicants, these principles still govern the people who remain on it and who are extending or settling.

Eligibility criteria for a UK sole representative visa

Because the route is closed to most new applicants, the eligibility rules now matter mainly for media representatives making a new application and for existing holders applying to extend. In broad terms an applicant must:

• be a senior employee of an active overseas business whose headquarters and principal place of business are, and will remain, outside the UK;
• for new applications, be an employee of an overseas newspaper, news agency or broadcasting organisation on a long-term UK assignment;
• have authority to take most operational decisions on the company’s behalf, without being a majority shareholder of the overseas business;
• intend to establish and run the company’s UK branch or subsidiary, or to continue doing so on an extension;
• meet the English language requirement and be able to support themselves without recourse to public funds.

A business that wants to bring a new employee to set up in the UK should instead consider the UK Expansion Worker visa, which needs a sponsor licence.

How long can you stay, and does it lead to settlement?

The sole representative visa is granted for 3 years. You can then apply to extend it once for up to a further 2 years, as long as you still meet the requirements — the overseas business remains active and headquartered abroad, and you are still running its UK operation.

After 5 years’ continuous residence on the route you can apply for indefinite leave to remain (ILR), the UK’s form of settlement. To settle you must meet the English language requirement at level B1 and pass the Life in the UK test. Time on this route counts towards settlement, which is a key difference from newer business routes such as the UK Expansion Worker visa.

Conditions of the sole representative visa

While on the visa you must work full time as the representative of your overseas employer and must not take other employment or run your own separate business. You cannot claim public funds. The overseas company must keep its headquarters and principal place of business outside the UK; the UK entity must be a genuine branch or subsidiary of it. If the business relationship ends or the overseas headquarters relocates to the UK, you may no longer qualify.

Documents to support a sole representative visa application

Applications turn on evidence. You would typically need a current passport, a letter from the overseas employer confirming your role, seniority and authority to represent the business, and its intention to establish or maintain a UK presence. You would also provide evidence that the company is genuine and trading, that its headquarters is overseas, financial documentation, and proof that you meet the English language requirement. For extensions, evidence that the UK branch is genuinely operating is central.

Sole representative visa fees

The main cost is the application fee, charged per person for both the main applicant and each dependant. The current fees are:

In addition, you pay the Immigration Health Surcharge of £1,035 per person for each year of the visa. You must also be able to show you can maintain yourself and any dependants without public funds.

Sole representative visa processing time

A decision on an application made from outside the UK is usually reached within 3 weeks. An extension application made from inside the UK is usually decided within 8 weeks. Priority and super-priority services are available for an additional fee where a faster decision is needed.

Can a sole representative bring dependants to the UK?

Yes. Your partner and children can come to the UK, or remain here, as your dependants. They can apply to extend at the same time as you, and can apply to settle when you do. Dependants can work in the UK, but a dependent partner cannot use this route to run the overseas business themselves.

What a business should use instead: the UK Expansion Worker visa

If your company wants to send someone to open its first UK branch now, the route is no longer the sole representative visa. Your business must apply for a sponsor licence and sponsor the employee under the UK Expansion Worker visa, part of the Global Business Mobility routes. That visa does not itself lead to settlement, so employees who want to stay long term usually switch later to the Skilled Worker visa, which does count towards ILR.

How can we help?

Sterling Law advises overseas businesses and their staff on every stage of establishing and staying in the UK, whether that means extending an existing sole representative visa, settling, or moving to the routes that replaced it.

Our work can include:

• advising whether you can still use the sole representative route or need the UK Expansion Worker visa;
• preparing sole representative visa extension applications;
• preparing indefinite leave to remain applications after five years;
• advising media organisations on eligible representative applications;
• applying for a UK sponsor licence for an expanding business;
• preparing UK Expansion Worker and Skilled Worker applications;
• supporting partners and children with dependant applications;
• reviewing company evidence so a branch is accepted as genuine;
• preparing clients for the Life in the UK test and English requirement;
• representing you if an application is refused.

Speak to us before you apply or extend, so any issue is dealt with while it can still be fixed. Contact us to arrange a consultation.

Submit your enquiry

Frequently asked questions

Can I still apply for a sole representative visa?

Only if you are an employee of an overseas newspaper, news agency or broadcasting organisation on a long-term UK assignment. For all other businesses the route closed to new applicants on 11 April 2022.

What replaced the sole representative visa?

For businesses opening a first UK branch, the UK Expansion Worker visa within the Global Business Mobility routes replaced it. It requires the business to hold a sponsor licence.

Can existing sole representative visa holders still extend?

Yes. If you already hold the visa you can extend once for up to 2 years, provided you still meet the requirements.

Does the sole representative visa lead to settlement?

Yes. After 5 years’ continuous residence you can apply for indefinite leave to remain, subject to the English language requirement and the Life in the UK test.

How long is the sole representative visa granted for?

The initial visa is granted for 3 years, with one extension of up to 2 years.

Can my family join me?

Yes. Your partner and children can apply as dependants, and can extend and settle alongside you.

How much does it cost?

The application fee is £819 from outside the UK or £943 from inside the UK per person, plus the Immigration Health Surcharge of £1,035 per person per year.

Submit your enquiry