Representative of an Overseas Business Visa: An Alternative to the Defunct Tier 1 Entrepreneur Visa

Though there appeared to be high hopes with the replacement of the now defunct Tier 1 Entrepreneur visa with the new Innovator visa and Start-Up visa schemes, months later, we are not any closer to these schemes being fully operational.

Currently, investors are being frozen out from using these schemes as a way to invest in the UK, which is primarily due to the teething problems of its implementation. It is also clear that the new schemes may be more difficult to satisfy in comparison to the now defunct Tier 1 Entrepreneur visa scheme.

However, there is an alternative – the Representative of an overseas business visas (SR). This visa category allows business executives to relocate and run their business in the UK. Though this option may not be suitable for everyone due to the set requirements, it is by far the best alternative to set up a business in the UK while we wait for the challenges associated with the Tier 1 Entrepreneur replacement (Innovator visa and Start-Up visa schemes) visas to be resolved.

The SR is relevant to overseas organisations wishing to send a senior member of staff to set up a branch or a wholly owned subsidiary in the UK. There is no minimum investment requirement for this option, which makes it one of the most desirable options to use. The main criteria here is the credibility of the parent company overseas. The parent company must be a genuine commercial entity; have a turnover that demonstrates that the company is actively trading; and there can only be one SR at any one time. Therefore, they must not already have another representative, branch or subsidiary established inside the UK. Also, the registered branch or subsidiary company must operate in the same type of business activity as the parent company overseas.

Additionally, the applicant must have been recruited and employed by the parent company from outside of the UK. The applicant must hold a senior position in the company. This is crucial as the Home Office will expect to see the person with authority make key operational decisions on behalf of the parent company. Also, the individual concerned must intend to work full-time and only as a representative of the parent company. Also, they must also not be a majority shareholder of the overseas company (must not own more than 50%). They must show that they have adequate maintenance and accommodation to maintain themselves and any dependants and meet the English language requirement. After five years of residence in the UK, the applicant can choose to apply for indefinite leave to remain provided they satisfy the requirements.

Barar & Associates have extensive experience in helping business individuals to come to the UK in order to set up a business. Should you have any questions on your United Kingdom immigration status or would like to have a chat with us regarding an immigration matter in the United Kingdom, please do not hesitate to contact our professional team of immigration solicitors at barar.london@bararassociates.co.uk  or call us on 020 7487 8370. You can access more information about us via https://bararassociates.com/

Please follow the link below to visit our page on Representative of an Overseas Business Visa (Sole Representative) https://bararassociates.com/ourservices/sponsorship-licence-and-working-visas/representative-of-an-overseas-business-visa/ 

Alternatively, please follow the link below if you wish to visit the Home Office’s page on defunct Tier 1 Entrepreneur visa https://www.gov.uk/tier-1-entrepreneur