Updates to the representative of an overseas business visa route – June 2020
The Home Office has published changes to the Representative of an overseas business category, also known as the Sole Representative visa, on 4th June 2020.
So, what has changed?
Firstly, the applicant must have been genuinely recruited and employed outside the UK by the overseas parent company.
Also, they must intend to work full-time as the sole representative of the overseas parent company.
The Home Office will be applying the test of genuineness when assessing applicants under this route.
Secondly, the Home Office has tightened the requirements on shareholding by the applicant where they must not hold a majority of share in the overseas parent company that they will represent in the UK. This means that the applicant must not:
· own more than 50% of the shares
· control more than 50% of the voting rights
· be the self-employed owner of that business
· be the sole-proprietor of that business
· be in a partnership agreement in which they own more than 50% of that business
This includes situations where the applicant may not own shares directly, but they are a party to another agreement which means that effectively they are the majority owner/controller/beneficiary. For example, an applicant would be ineligible if a silent partner owns the majority of the overseas business but has agreed to give majority control and profits to the applicant.
Additionally, dependent partners cannot be a majority shareholder.
The evidential burden has become stricter and you are required to provide the full description of the overseas business including the business share distribution or ownership for the previous year.
Despite the changes above, this is still one of our favourite categories, that has remained in place, after the introduction of the current points-based system.
Following the departure of the Tier 1 Entrepreneur category, the Sole representative category remains an attractive option for established business persons, to establish a branch or subsidiary in the UK.
Please note that you can read more about eligibility requirements via this link:
https://bararassociates.com/representative-of-an-overseas-business-visa/
If you wish to talk to us about applying for a representative of an overseas business visa, please contact our friendly team of immigration experts at Barar and Associates at barar.london@bararassociates.co.uk or call us on 020 7487 8370. You can access more information about us via https://bararassociates.com/.
