The Representative of an Overseas Business category closed on 11 April 2022, but individuals already in the Sole Representative route can still extend their leave or apply for indefinite leave to remain (ILR). This guide provides an overview of the requirements for settling as a Sole Representative of an Overseas Business and includes brief information for dependants who may be eligible to apply alongside the main applicant.

Overview of the Sole Representative of an Overseas Business Route

To be eligible for settlement on the Sole Representative route, you must:

• Meet the validity requirements, including completing the correct application form and paying the application fee;
• Not fall under the suitability requirements for refusal;
• Be in the UK and have, or have last been granted, permission as a Representative of an Overseas Business;
• Have spent a continuous period of 5 years in the UK before the date of application with permission as a Sole Representative of an Overseas Business;
• Show English language ability;
• Meet the Knowledge of Life in the UK requirement;
• Still be required to continue your work;
• Meet the work and business requirements.

If your application is successful, you will be granted settlement. For information on applying for British citizenship by naturalisation, check our website.

Continuous Residence in ILR Applications

You may be eligible to apply for ILR after 5 years of lawful residence in the UK. You must have spent the last 5 years before the date of application in the UK with permission as a Representative of an Overseas Business and meet the continuous residence requirement. According to Home Office guidance, continuous residence means:

• You have lived in the UK with relevant permission.
• Your residence is lawful.
• You have not been absent for more than the specified periods, unless for permitted reasons.

The Home Office may check your immigration history to see whether you have spent time in the UK with the relevant permission. The period of continuous residence requires that your absences outside the UK must not exceed 180 days in any 12-month period, except in cases of compelling and compassionate personal circumstances.

Considering the Work and Business Requirements for Settlement as a Sole Representative

Work Requirement

To meet the work requirement for settlement as a Sole Representative, you must provide evidence that the overseas business has been active and trading, with its headquarters outside the UK. As a representative of the UK business, you must have been employed and working full-time for the overseas business you represent or its UK branch or subsidiary throughout the relevant period. You must not have undertaken work for other businesses or engaged in business on your own.

Business Requirement

According to Home Office guidance:

• You must not have had a majority stake in, or otherwise owned or controlled a majority of, the overseas business you represent, whether through shareholding, partnership agreement, sole proprietorship, or any other arrangement.
• You must have established and supervised the registered branch or wholly-owned subsidiary of the overseas business in the UK, where it was actively trading in the same type of business as the overseas business.

Specific documents are required by the Home Office to meet these requirements, and it is advisable to seek legal advice to ensure the correct documentation is provided.

English Language and Life in the UK Test

To be eligible for settlement as a Sole Representative, you must demonstrate that you meet the English language and Knowledge of Life in the UK requirements unless exempted. For instance, applicants aged 65 or over do not need to demonstrate sufficient knowledge of the English language and Knowledge of Life in the UK.

Dependants of Sole Representative of Overseas Business Applicants

In our earlier post, “Applying for ILR as a Dependant on Business Routes,” we outlined the specific requirements for dependants of individuals in the UK on business routes. Dependants include:

• Spouses
• Civil partners
• Unmarried partners who have lived together in a relationship similar to a marriage or civil partnership for at least 2 years
• Dependent children under the age of 18 on the date of application
• Dependent children over 18 who were last granted permission as a dependent child of their parent(s)

Dependent partners must be over 18 years old, and the relationship must be genuine and subsisting. Children applying as dependants must be under 18 unless their last permission was as a dependent child, and they are not leading an independent life.

For settlement applications, the dependent partner and dependent child must apply simultaneously with the main applicant unless the main applicant is already settled in the UK or has become a British citizen while holding permission on the same route. They must also have last been granted leave to remain as dependants of the main applicant unless the dependent child was born in the UK and is applying as a child of the main applicant.

Both the dependent partner and dependent child must meet the English language and Knowledge of Life in the UK requirements unless exempted.

For more information, see our earlier post, “The Sole Representative Visa is Closed – But Not for Dependants!”

Contact Temple Gate Solicitors

For expert advice and assistance with a settlement application as a Representative of an Overseas Business, contact Temple Gate Solicitors at +44 (0) 207 183 8043.