Q&As

Where a person has been granted leave to enter the UK as the Sole Representative of an Overseas Business and has established a registered UK branch or subsidiary, are they able to change their contract of employment to the UK entity instead of being employed directly by the overseas parent company?

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Produced in partnership with Bilal Ehsan of Latitude Law
Published on LexisPSL on 15/01/2019

The following Immigration Q&A produced in partnership with Bilal Ehsan of Latitude Law provides comprehensive and up to date legal information covering:

  • Where a person has been granted leave to enter the UK as the Sole Representative of an Overseas Business and has established a registered UK branch or subsidiary, are they able to change their contract of employment to the UK entity instead of being employed directly by the overseas parent company?

Where a person has been granted leave to enter the UK as the Sole Representative of an Overseas Business and has established a registered UK branch or subsidiary, are they able to change their contract of employment to the UK entity instead of being employed directly by the overseas parent company?

The Immigration Rules or accompanying Home Office guidance appear to remain silent on the issue, and therefore do not explicitly preclude an individual from directly being employed by the related UK entity once they have leave to enter the UK as a Sole Representative of an Overseas Business.

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 their 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

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