Applying under the Representative of an Overseas Business category
Produced in partnership with Kelly Whiter of Fladgate

The following Immigration practice note produced in partnership with Kelly Whiter of Fladgate provides comprehensive and up to date legal information covering:

  • Applying under the Representative of an Overseas Business category
  • Key resources at a glance
  • Initial and extension applications: general eligibility requirements
  • Entry requirement—entry clearance only
  • Work requirement
  • The overseas business
  • Sole representative of an overseas business—specific requirements
  • Sole representative—the UK business
  • Sole representative—role, seniority, authority and remuneration
  • Sole representative—shareholding/ownership
  • More...

Applying under the Representative of an Overseas Business category

The Representative of an Overseas Business category provides a route of entry and stay in the UK for employees of overseas businesses in one of two ways, as:

  1. a senior employee of an overseas business (which does not have a presence in the UK) who is being assigned to the UK in order to establish the company’s first branch or subsidiary (‘sole representative’), or

  2. media employees of overseas newspapers, news agencies or broadcasting organisations who are being posted by their overseas employer on a long-term UK posting (‘media representatives’)

The route is often considered attractive as it:

  1. does not require sponsorship by a UK-based employer, which can be a costly and burdensome process

  2. allows the main applicant to bring their dependent partner and children to the UK, and

  3. ultimately leads to settlement in the UK after five years

Although the Immigration Rules for the route were simplified from 1 December 2020 for the post-Brexit immigration system via Statement of Changes in Immigration Rules HC 813, few substantive policy changes were made. The category, which previously sat in Part 5 of the Rules, still has no points allocations and is therefore not a ‘points-based’ category.

This Practice Note looks at the following:

  1. eligibility requirements

  2. validity requirements

  3. English-language, genuineness and financial requirements

  4. suitability requirements

  5. period and conditions of permission

  6. dependants, and

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