Q&As

What are the main options for an overseas company/business that wants to send someone to work in the UK?

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Produced in partnership with Rose Carey of Speechly Bircham
Published on LexisPSL on 21/02/2014

The following Immigration Q&A produced in partnership with Rose Carey of Speechly Bircham provides comprehensive and up to date legal information covering:

  • What are the main options for an overseas company/business that wants to send someone to work in the UK?
  • My client has not established their business in the UK yet. Can they send someone to gets things started?
  • My client has funds to invest in the UK business. Could they apply under the entrepreneur category?
  • My client has substantial financial resources. Could they apply under the investor category?
  • Could my client send someone to work in the UK as a business visitor?

What are the main options for an overseas company/business that wants to send someone to work in the UK?

The options depend on whether your client has set up in a business in the UK already.

My client has not established their business in the UK yet. Can they send someone to gets things started?

The representative of an overseas business visa is specifically for overseas businesses that want to establish a presence in the UK.

If your client has no representative in the UK already, then they can send someone to the UK for the purposes of setting up a UK branch/wholly-owned subsidiary of the overseas entity. The UK branch/subsidiary must carry on the same type of business as the overseas entity.

The representative must be employed by the overseas entity, have full operational powers in relation to the UK branch/subsidiary they will establish and they cannot be a majority shareholder in the parent company. The representative must also meet an English-language requirement as part of the entry clearance application.

You should ensure that your client provides sufficient documentation to support the application. Supporting documentation must be gathered to prove the following:

  1. the representative’s employment

  2. that the employee has sufficient funds to maintain themselves and any dependants

  3. full details of your client’s activities, including details of the company’s assets and accounts and the company share distribution for the previous

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