Foreign company located outside the UK is eligible to send a representative to the UK to expand their international business. The representative can set up a branch in the UK, operate a branch office as a representative of the parent company, and conduct business activities. The visa holder and their dependant family can apply for settlement after 5 years residency.

As the business visa route was closed in 2019, the Home Office tighten up the screening criteria for this visa route and the requirement splits into suitability, eligibility and validity. The company and the applicant should ‘genuinely’ meet the rule.

 

Eligibility of Parent company

The parent company must be a genuine commercial enterprise with its principal place of business outside the UK. The UKVI pays particular attention to the background of the parent company to verify the reliability to send a representative as below;

• Turnover and profitability

• Evidence that it is actively trading overseas

• The location of the registered offices must be outside the UK

• The type of business (this must be the same as the intended business in the UK)

• Whether the company has traded in the UK or carried out any commercial activity

• Number of employees outside the UK

• Presence in other countries besides the one in which it has its headquarters, whether it has a track record of international expansion whilst retaining a presence in the country of origin

• Finances, market share in its country of operation, and credibility plan for expansion to the UK

 

Eligibility of the applicant

 

• The applicant has been recruited and taken on as an employee outside the UK of a business which has, and will continue to have, its headquarters and principal place of business outside the UK

• The applicant does not have a majority stake in, or otherwise own or control, that overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement.

• The applicant is a senior employee of an active and trading overseas business which has no active branch, subsidiary or other representative in the UK.

• The applicant should have skills, experience and knowledge of the business necessary to undertake that role, and the full authority to negotiate and take operational decisions on behalf of the overseas business.

• Restriction that a person who has a majority stake in, or who otherwise owns or controls the overseas business cannot enter as the partner of the sole representative.

• Applicants must not engage in their own business or represent any other whilst in the UK

• Applicants cannot be an agent hired to market the company’s products in the UK (they are normally self-employed and provide services for a fee)

• Applicants cannot a sales representative or buyer who only fulfill that role for the company: however, senior sales staff who are also responsible for other functions, for example, marketing and distribution, may qualify.

 

Either the parent company or the applicant needs careful attention to make an application to prove their genuineness to extend their business in the UK.