On October 6, 2021, the requirement for indefinite leave to remain for Representatives of an overseas business has been changed to the Immigration Rules. 

 

In order to qualify for ILR or settlement, sole representatives were required to meet validity, suitability, and eligibility requirements.

Until midnight on October 5, 2021, the eligibility requirement for ILR is as follows;

• The applicant must have resided 5 years continuously as a Representative of an Overseas Business in the UK before the date of application  
• The employer must confirm that the applicant has been working for them and has paid an appropriate salary, and they still require the applicant to work for them in the UK 
• The applicant must show English language ability at least B1 level and meet the Knowledge of Life in the UK requirement.

In order to remain a sole representative, in addition to the previous requirements, the applicant must show the following for five years prior to the date of application.

• Their representative of overseas business has been active and trading with its headquarters and principal of business remaining outside the UK.   
• The applicants themselves have been employed full-time for his representative overseas business or for the UK branch or subsidiary of the business.
• The applicants did not work for other businesses or engage in their own business.
• They did not own or control a majority of their representative overseas businesses through stock holdings, partnership agreements, sole proprietorships or any other arrangement.
• They have established and then supervised the registered branch or wholly-owned subsidiary of the overseas business they represent in the UK, where that branch or subsidiary was actively trading in the same type of business as the overseas business.

In addition, the employers must confirm that the applicant is required to continue to work in the role for which their last period of the permission was granted and they must provide specified documents:

• Evidence of salaries and bonuses paid by the employer for 12 months immediately before the date of application.
• A letter from the employer to confirm that the applicant still needs to be a UK representative and work for them.
• Evidence of business that has been generated, principally with businesses in the UK, on behalf of their employer since the visa granted, in the form of accounts, copies of invoices or letters from businesses with whom they have done business, including the value of transactions.
• Either a copy of the share register or a letter from the overseas business’s accountant confirming that the UK business is wholly owned by the overseas business.
• A letter from their employer confirming that they have supervised the UK branch or subsidiary since the visa is granted.

If the applicant made mistakes such as different types of business activity in the UK registered branch or subsidiary or shareholders of the UK business, these new requirements do not permit mistakes and are rectified in the five years preceding a settlement application.

Under the new Rules, these mistakes will not be a breach of conditions of leave, however, they lead applicants unable to meet the eligibility requirement for settlement. These new rules for settlement (announced on October 6, 2021) apply retroactively to all applicants who entered as a representative of overseas business without a grace period.

Therefore, it would be safer for applicants who made mistakes to extend their visas further until they can meet the requirements within five years prior to the date of application for settlement in the future. This mistake may be used as a cause of doubt whether subjective requirements such as genuineness, are met.