Entry
clearance to the United Kingdom may be granted under the Sole Representative of
an Overseas Business pathway in the following cases:
The
applicant plans to establish a UK branch of an overseas parent company in the
UK
The
applicant is being sent to the UK as a media employee of an overseas news
agency, newspaper or broadcaster on a long-term assignment
In
order to qualify for settled status in the UK under the Sole Representative of
an Overseas Business scheme, the applicant must spend at least five years
residing in the UK continuously before applying for IDL.
Sole Representative of an Overseas Business Initial
application
There
are several key requirements that must be met by overseas media employees to
qualify for the Sole Representative of an Overseas Business pathway. The
employee must:
Be the employee of an
organisation based outside the United Kingdom, who has been designated as a
representative by their employer.
Have the intention to
work on a full-time basis for their employer and under no circumstances seek
additional work during their stay.
Be working on a long-term
assignment in the UK, during which most of their time will be spent inside the
United Kingdom.
Meet all applicable
English language and maintenance requirements (evidence of both must be
provided to qualify).
Work in a recognised
media-background position, such as a camera operative, a journalist, a
technician or a producer.
Please
note that it is possible for a non-UK media company to base multiple
representatives in the United Kingdom at the same time, subject to meeting all
applicable requirements.
Sole Representative Eligibility Criteria
To
be considered eligible for entry to the UK under the Sole Representative of an
Overseas Business pathway, key criteria must be met including:
The worker must have
extensive knowledge and experience of relevance to their position and project,
for which evidence must be provided.
The worker must be
working at an advanced level with their employer, which must be a non-UK
company with a non-UK head office.
The worker must not be a
major shareholder with the organisation they work for, but must have the
authority to represent and make decisions on the company’s behalf.
The worker’s employer must
at the time of application have no UK-based offices or branches, or wholly owned
subsidiaries.
The worker must provide
formal evidence of acceptable English language skills and sufficient funds to
finance their stay in the UK.
The worker must confirm that
they will not seek additional employment of any kind in the UK or attempt to
claim benefits.
Overseas Media Employee Extension Applications
Candidates
living and working in the UK under the media employee scheme have the
opportunity to apply for an extension of their leave to remain, if submitted
prior to their existing visa’s expiration.
Conditions
that must be fulfilled to qualify for an extension are as follows:
The worker must intend to
continue working for the same employer and in the same capacity as that for
which their initial visa was granted.
The worker must provide
further evidence of sufficient funds to cover the stay, without recourse to
public funds.
The worker can confirm
that they are:
Still
working in the same position for the same employer
Still
required by their employer in their current capacity
Still
receiving a salary from their employer
Sole Representative Extension
Most
sole representatives of organisations in general can also apply for extensions
to their initial period of leave, upon satisfying the following conditions:
The worker must intend to
continue working for the same employer and in the same capacity as that for
which their initial visa was granted.
The worker plans to
continue working full time as their employer’s sole representative in the
United Kingdom.
The worker’s employer
remains a non-UK entity.
The worker can provide
further evidence of sufficient funds to cover the stay, without recourse to
public funds.
The worker can confirm
that they are:
Still
working in the same position for the same employer
Still
required by their employer in their current capacity
Still
receiving a salary from their employer
The worker has established
and taken control of a subsidiary or branch involved in the same business
activities as its parent company.
If
unsure as to your eligibility or you wish to discuss your case in more detail,
contact the business immigration experts at Aristone Solicitors today.
Sole Representative of an Overseas Business Visa
Permissions
Qualifying
for a Sole Representative of an Overseas Business visa allows the holder a
variety of freedoms for the duration of their stay. Examples of which include
but are not limited to the following:
The visa holder is
permitted to leave the United Kingdom for a maximum of 180 days in any calendar
year, without invalidating their visa.
Dependants can be brought
into the UK under the terms of the visa, such as a spouse, a civil partner or
children under the age of 18.
Dependants included in a
Sole Representative of an Overseas Business visa application have limited
rights to study and work in the UK.
There
are also allowances for Sole Representative of an Overseas Business visa holders
to remain in the United Kingdom in the event that their employment
circumstances change, if they have already been residing in the UK for a
minimum of two years at the time.
Business Immigration Legal Advice in Luton
Here
at Aristone Solicitors, we strongly advise seeking expert legal support before
submitting any business visa application. To discuss your eligibility in more
detail and ensure a smooth application process from start to finish, organise
your free initial consultation with one of our experts today.
We’re standing by to
take your call.
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