The Representative of an Overseas Business Visa allowed senior employees of foreign companies to set up a branch or a wholly owned subsidiary of the overseas parent company in the UK to establish a commercial presence in the UK. This category is now closed for new main applicants. However, if you already have permission to stay as a Representative of the Overseas Business Visa, you can still apply for an extension or Indefinite Leave to Remain.

If you wish to set up a new business in the UK, you may qualify for the UK Expansion Worker Visa.

In this blog post, we will answer questions we commonly receive about the Representative of the Overseas Business route.

Is there a deadline to apply for the Representative of an Overseas Business Visa extension or Indefinite Leave to Remain?

Currently, there is no deadline to apply for the Representative of an Overseas Business Visa extension or Indefinite Leave to Remain. However, the Home Office may introduce a deadline for the extension and Indefinite Leave to Remain applications.

Will my absences from the UK affect my eligibility for Indefinite Leave to Remain?

To meet the continuous residence requirement, you must not have been outside the UK for more than 180 days in any 12-month period.

For any absences from the UK with permission granted before 11 January 2018, you must not have been outside the UK for more than 180 days during any consecutive 12-month period, ending on the same date of the year as the date of the application for settlement.

If you do not qualify for Indefinite Leave to Remain due to your absences, you may qualify for further extension under this route.

Can my dependant family members apply for Indefinite Leave to Remain if I do not qualify for settlement?

In order for your family dependants to qualify for settlement you must also qualify for Indefinite Leave to Remain.

Can I continue to operate in the UK as a representative for the overseas business if the overseas parent company ceases to trade outside the UK?

The overseas business must be a genuine active and trading commercial enterprise with its principal place of business outside the UK. The overseas business must also intend to keep its main centre of business abroad. If this requirement is no longer met, you will no longer qualify for the extension or Indefinite Leave to Remain.

If you are facing the possibility of losing your role under the Representative of an Overseas Business Visa, contact our immigration solicitors for further information regarding the requirements and the possibility of alternative visa options available to you to be able to remain in the UK.

Can I work for another employer under the Representative of Overseas Business route?

You can only work as a representative for the overseas business which you have been admitted to represent.

Can I study in the UK under the Representative of Overseas Business route?

You are permitted to study with no limit on the number of study hours if it does not interfere with your job as a representative for an overseas business. However, you may be required to obtain an Academic Technology Approval Scheme (ATAS) certificate for the course or research you intend to undertake.

For further information regarding the conditions for your permission to enter or stay under a Sole Representative visa, contact our specialist immigration solicitors.

Can my child who is born in the UK get Citizenship immediately?

A child is automatically British if they were born after 30 April 2006 and at least one of the parents was British, held Indefinite Leave to Remain, Permanent Residence Status, Settled Status, right of above or right of re-admission.

A child born inside the UK to a parent who does not hold any of the above statuses cannot automatically qualify for citizenship. However, you can register the child if one of the parents gains citizenship or settlement after the birth of the child.

Can the sole representative be a shareholder of the UK branch or subsidiary?

The UK branch or subsidiary must be wholly owned by the parent company. A representative for the overseas business cannot be a shareholder in the UK company.

Saracens Solicitors’ immigration team has been advising businesses on all aspects of UK immigration law for over 18 years. We work directly with businesses in the UK and overseas to provide tailored and strategic advice that ensures that the immigration requirements are met. We have established a market-leading reputation for delivering exceptional client services.

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