Amidst the ongoing pandemic, the Home Office released a statement of changes to the immigration laws regarding the sole representative visa. The sole representative visa is a popular route for business immigration and allows business owners to migrate to the UK to establish their business. The sole representative visa facilitates a branch or a parent company’s subsidiary overseas to be established and operated in the United Kingdom. The primary requirement is that the company is a genuine commercial entity with its origins outside the UK. If you want to expand your commercial interest in the UK, then contact the UK immigration solicitors at Osbourne Pinner, and they will help you migrate and set up your business in the country.
Changes to the Initial Sole Representative Visa Applications
From June 4th, 2020, to be able to qualify for the sole representative visa, the parent company will have to:
- Be an active and trading commercial entity overseas
- Must have its headquarters and primary place of business outside the UK.
- They have no active branch, business interest, or any subsidiary in the UK at the time of application.
- Have the intention to establish and operate a branch or wholly-owned subsidiary in the UK.
- The intended branch or subsidiary shall trade actively in the same type of business as the parent organization headquartered overseas.
- The UK branch shall not be intended to be established to facilitate the entry and stay of the sole representative in the UK.
- Must keep its principal centre of operations overseas only.
Other Notable Changes
The other notable changes in the business immigration rules of Sole Representative Visa rolled out by the home office are:
- This visa application must include a “genuineness assessment” to ascertain whether the sole representative intends to genuinely meet the immigration rules. It will be the prerogative of the home office to assess subjectively if the applicant intends to meet the rules or not.
- The changed rule specifies that the applicant looking for business immigration under this visa must have the “relevant skills, experience, and knowledge of the business.” Again, this requirement will be assessed by the Home Office subjectively based on the documents provided by the applicant and the parent company.
- Also, the changes make it clear that the majority shareholders’ partners cannot apply for the sole representative visa.
Changes to the Sole Representative Extension Visa Application
The sole representative, in this case, shall have to prove that he/she is employed full-time as a representative of an overseas company in the UK. They shall establish that they are in charge of the registered branch or wholly-owned subsidiary in the UK.
Conclusion
With these new changes, it is quite evident that the Home Office wants to retain the power of subjectively assessing the applicant’s genuineness and reject the applications which the decision-making authority deems unworthy. Whenever the Home Office has taken up the subjective criteria while assessing the applications, the rate of rejection has increased sharply. If you are looking to enter the UK to further your business operations and require assistance with making a strong application and meeting all the Home Office requirements, then contact immigration consultancy services for help.
Contact the UK Immigration Solicitors at Osbourne Pinner
Connect with our team of lawyers in London to get advice and assistance with visa applications for a sole representative visa. We provide expert legal assistance and help you at every stage of your application. Our UK immigration solicitors are experienced with all the aspects of immigration laws and the Home Office’s subjective criteria. Getting professional help will help you Maximise the possibilities of making a successful visa application. Osbourne Pinner offers immigration consultancy services for business immigration, study visas, work visas, and much more. Get in touch with us today!
