Q&As

Can a representative of an overseas business apply for an extension of leave if they do not meet all of the requirements for indefinite leave to remain?

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Produced in partnership with Nicholas Nason of Edgewater Legal
Published on LexisPSL on 24/07/2019

The following Immigration Q&A produced in partnership with Nicholas Nason of Edgewater Legal provides comprehensive and up to date legal information covering:

  • Can a representative of an overseas business apply for an extension of leave if they do not meet all of the requirements for indefinite leave to remain?

Can a representative of an overseas business apply for an extension of leave if they do not meet all of the requirements for indefinite leave to remain?

Entry clearance as the Sole Representative of an Overseas Business is normally granted for an initial period of up to three years. In order to successfully apply to extend leave beyond this period, the applicant will need to meet the requirements at Immigration Rules, Part 5, para 147.

In particular, the applicant will be required to show:

  1. that the overseas business still has its headquarters and principal place of business outside the UK

  2. that they are employed full time as a representative of that overseas business and have established and are in charge of its registered branch or wholly-owned subsidiary

  3. that they are still required for the employment in question, as certified by their employer

  4. that they are in receipt of a salary from their employer, by providing evidence of the salary paid in the previous 12 months and the constitution of the remuneration

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