Extend your stay or settle as a Sole Representative

What are the Key Features?

The sole representative rules provide some attractive opportunities to foreign investors and businesspeople beyond the UK’s point-based system:

• As long as you do not own a majority shareholding in your overseas company, you can qualify for entry to the UK on a sole representative visa.  Even a 50% shareholding is fine
• Your business overseas doesn’t need to be a certain size; even small trading companies may be able to set up a UK subsidiary
• The rules do not require you to set up your company in the UK in advance; this can be sorted out once the sole representative visa is issued, and you have relocated to the UK
• Once living in the UK, you can build your business here.  You do not need to remain a sole representative – instead, you may expand your business, employ other people, even apply for a skilled worker sponsor licence to take on more overseas staff.
• The sole representative category does not have a strict 180 / 365 days residence requirement at extension stage.  You must, however, prove that you are engaged full-time in the business here
• The 180 / 365 day residence requirement becomes relevant when you are applying for indefinite leave to remain
• Also remember that there are residence requirements – basically, 450 days permitted absences over 5 years / 90 days permitted in the last 12 months – if you are intending to apply for British citizenship in the future

Your initial visa was valid for 3 years; you may extend this up to 5 years, at which point you and your dependants become eligible for settlement (subject to meeting relevant residence, English language and life in the UK requirements).  Note there is no accelerated settlement route for the sole representative category. 

The rules and policy require the sole representative of an overseas business to establish and operate a wholly owned subsidiary of an overseas entity (engaged in the same business as the overseas parent).  The sole representative must not engage in business of their own nor represent any other company’s interests. We have received confirmation from UK Visas and Immigration that the establishment of a UK holding company (not operating in the same business as its overseas parent, only providing administrative functions to the new UK enterprise) is acceptable, so long as the new enterprise is involved in the same business activity as the overseas parent.

Why choose Latitude Law?

Latitude’s team has many years’ experience advising on the sole representative category.

We are known for going that extra mile to ensure clients are successful in their endeavours whilst maintaining professionalism and ethical standards at all times. Our team is friendly and approachable and are always willing to answer any questions you might have.

We can meet you in our London, Manchester or Brussels offices or take your instructions via telephone or video conference.