Are you looking to expand your business internationally? The Sole Representative Visa could be a great opportunity for your company to access the UK market. Although the requirements for this visa may seem less complex than those of the points-based immigration system, the application process still requires careful attention. In this article, we’ll explain key things you should know when applying for a Sole Representative Visa and how to increase your chances of success.
What is the Sole Representative Visa?
The Sole Representative Visa allows a senior employee of an overseas company to move to the UK and establish a branch or subsidiary of the business. This visa is aimed at businesses that are looking to expand into the UK market, but it is important to meet specific requirements to qualify.
Important Considerations for Your Application
1. Business Plan: Clear and Relevant
One of the key aspects of the application is the business plan. Your business plan should demonstrate the company’s intention to expand into the UK and should be tailored to meet the visa requirements. Here are some important things to consider:
- Ownership: It must be clear that the parent company will own 100% of the UK branch, not the applicant. The ownership structure should be stated clearly from the start.
- Financial Viability: You will need to provide evidence of the company’s financial status and ability to fund the UK expansion. This may include corporate accounts, balance sheets, and proof that the expansion is financially viable.
- Keep it Concise: Your business plan should be relevant to the visa application and not too long or detailed. Avoid including unnecessary information that could delay the review process.
While you may already have a business plan, it’s important that it meets all the visa requirements. Our team at Law and Visas can help you prepare or refine your business plan to ensure it aligns with the necessary criteria, without charging the high fees of external consultants.
2. Avoiding Inferred Control
The Sole Representative must hold a senior position in the company, but you cannot be the majority shareholder (more than 51%). If the applicant has control over the company, even without holding a majority of shares, it could cause issues.
For example, if family members hold the majority of shares (like a spouse or relative), the Home Office may conclude that the applicant has “inferred control” of the company. It’s important to be transparent about the ownership structure and provide additional evidence to support the application.
3. Proving the Parent Company’s Operations Abroad
The parent company must remain a genuine commercial entity with its center of operations based outside the UK. This is to show that the UK branch will not overshadow the parent company in the long term.
Even if the UK branch is successful, the parent company must demonstrate that it will continue to operate and trade outside the UK. This can be tricky if the parent company is small or if the success of the business is heavily tied to the applicant’s experience. In these cases, the Home Office will look at the overall situation, not just one factor.
For example, we helped a client where the applicant held the second-highest position in a small business, and the majority shareholder was a relative. We provided clear evidence that the company intended to continue its operations outside the UK, including details about a candidate identified to take over the applicant’s role.
4. The Risk of Refusals
If your Sole Representative Visa application is refused, there is no automatic right to appeal. Although you can request an administrative review, this process can be difficult and time-consuming. Judicial Review could be an option, but it’s expensive and lengthy.
To avoid such risks, it’s essential to get professional legal advice to ensure your application meets all the requirements. Law and Visas can help you navigate the application process, avoid costly mistakes, and reduce the chance of refusal. By seeking expert help, you can focus on growing your business rather than dealing with delays and potential setbacks.
The Sole Representative Visa offers a valuable opportunity for international businesses to establish a presence in the UK. However, the application process requires careful preparation and attention to detail. Whether you need assistance with your business plan, evidence for ownership, or guidance on financial viability, Law and Visas is here to help.
Our expert team can provide tailored legal advice to ensure your application has the best chance of success. Don’t risk costly delays or refusals—let us help you expand your business in the UK with confidence.
