Sole representative of an overseas business – K S P Solicitors
Main Banner

Sole representative of an overseas business

The sole representative of an overseas business route may be necessary for those who either a) intend to set up a wholly owned subsidiary or register a UK branch for an overseas parent company or b) were posted by their employer on a long-term assignment in the UK as an overseas media employee employed by an overseas newspaper, news agency or broadcasting organisation.

The qualifying period for settlement as the sole representative of an overseas company or overseas media employee is 5 years.

Initial application

Overseas media employees’ eligibility requirements

  1. You must be recruited and employed outside the UK by the employer whose intention is for you to represent them in the UK;
  2. Your intend to work full-time for the organisation and must not intend to take any other employment;
  3. You must be based mainly in the UK and working on a UK long-term assignment;
  4. You must meet the maintenance requirement;
  5. You must meet the English language requirement;
  6. Applicants are usually journalists, but may be other employees, for example: producers, news cameramen, front-of-camera personnel.

An overseas media company can have more than one representative in the UK at the same time.

Sole representative eligibility criteria

  1. You must be able to demonstrate that you have extensive related industry experience and knowledge
  2. You must have been recruited and employed outside the UK by a company whose headquarters and principal place of business is outside the UK
  3. You must hold a senior position with that overseas company (but not be a major shareholder) and have full authority to take operational decisions on the company’s behalf
  4. You must show that you intend to establish the company’s first commercial presence in the UK, namely, a registered branch or a wholly owned subsidiary
  5. The company must have no branch, subsidiary or other representative in the UK
  6. You must not intend to take employment in the UK except for the overseas company
  7. You must meet the maintenance requirement
  8. You must meet the English language requirement

Extension application

Overseas media employees’ extension

  1. You only intend to work for the same employer in the same job as their entry clearance was granted for
  2. You must meet the maintenance requirement
  3. You must prove you are still: a) required by the employer; b) working in the job that entry clearance was granted for; c) in receipt of a salary from your employer, evidenced by demonstrating the salary paid in the previous 12 months and confirmation of how that salary was paid.

Sole representative extension

  1. You only intend to work for the same employer in the same job as their entry clearance was granted for
  2. You intend to work full-time for the employer as a representative of an overseas business
  3. Your employer’s principal place of business is still outside the UK
  4. You must meet the maintenance requirement
  5. You must prove you are still: a)continue as a senior employee with full authority to take operational decisions; b) in receipt of a salary from their employer by providing evidence of the salary paid in the previous 12 months and confirmation of how that salary was paid; c)you are still needed by the employer
  6. You must prove that you established and are in charge of a branch or subsidiary in the same type of activity as the parent company and provide evidence confirming that you have generated business, principally with firms in the UK, on behalf of your employer since entry to the UK

Advantages of a sole representative of an overseas business visa

  1. You are allowed to remain outside of the UK for a maximum of 180 days in any calendar year
  2. You can bring dependents with you, namely, your spouse or partner and children under 18
  3. Your dependents have limited work and study restrictions
  4. You can stay in the UK if your company’s circumstances change and you have been here for more than 2 years
  5. You are not required to have access to a set amount of funds