6 Advantages to Apply as a Representative of Overseas Business

Non-EU nationals who are investors, entrepreneurs or business owners are restricted to three main categories under which they can apply to enter the UK. These three categories are:

  1. Tier 1 Investor;
  2. Tier 1 Entrepreneur;
  3. Representative of Overseas Business.

Here we look at the six advantages that this immigration route offers.

1. The visa application needs to be submitted directly outside the UK

Even though, this requirement makes this category easily overlooked when submitting one’s application. However, it is a straightforward route for the company looking to employ a trustworthy individual in the UK. This makes it easier to prepare the application before the designated individual leaves the country of the overseas business and arrives to the UK.

2. English language requirement

The English language requirement is A1 for this application in accordance with the Common European Framework of Reference for Languages (CEFR). It is easy to see that this is the lowest level of knowledge required.

True, an individual applying under the investor visa route is not required to know English at all. However, a person applying under the entrepreneur visa route is required to demonstrate their knowledge of English at B1 the lowest.

The knowledge of English language is proved in three different ways:

  • being a national of a majority English speaking country;
  • passing an English language test;
  • by holding a UK Bachelor’s degree, Master’s degree or PhD,  or by UK NARIC certification on the level of the obtained degree and the English language.

3. The required level of investment

The required investment under Tier 1 Investor route is £2 M, while £200,000 under Tier 1 Entrepreneur route.

The level of investment for Overseas business representative is not specified other than the level of salary appropriate for the senior employee and the need to ensure that the senior employee did not need to have a recourse to public funds in order to support themselves and their family.

The application is submitted before the representation is established in the UK. The specific person is being hired in order to make it possible to establish the required business representation in the UK.

4. No sponsor licence is required

Normally, a company operating in the UK is required to have a sponsor licence in order to employ its overseas employees in the UK. No such requirement is applied for the sole business representative.

5. An easy route to settlement

Initially, the representative of overseas business visa is issued for 3 years with the option to extend for the next 2 years, which if extended may lead to settlement in the UK.

The Investor visa route may offer settlement as immediately as after the initial two years, provided a significant level of investment had been made (£10 M) and it was allocated in accordance with the mandatory requirements.

The settlement under the Entrepreneur route is only possible if it is extended after the initial 3 years and 4 months. However, the extension is awarded only if the mandatory requirements relating to the business performance are met.

6. Main burden lies with the overseas company rather than the individual

The sole business representative is an employee of the overseas company, rather than the shareholder. Therefore, the main burden of proof before the authorities in the UK lies with the overseas company rather than the employee in the UK.

The overseas company has to prepare the business plan and meet other prescribed requirements before starting its operation in the UK.

There should be no previous history of any representative activity of the company in the UK.

Also the sole representative is permitted to hold no more than 50% of the stake in the overseas company.

This route also applies to overseas (non-EU) media and broadcasting companies that look to starting their activity in the UK.

Should you require further information or assistance, please do not hesitate contacting us on saule@hnilondon.co.uk or 0203 286 4887.

I am the single point of contact for ultra and high net worth individuals who need to develop their global wealth strategy, which aligns with their personal vision, their business and investment goals and then meets regulatory, legal and compliance requirements. I help them navigate the applicable regulatory and legal framework and tailor bespoke and comprehensive approach across UK immigration law, global financial structuring and tax advice, set up, administer and review their trust, business and fiduciary structures and benefit with cost effective foreign currency conversions. As their trusted adviser, I preserve the integrity of their global vision and keep their personal and business matters private and protected; while they build, grow and expand their wealth worldwide.

Posted in Non-EU nationals: investors, entrepreneurs and business owners

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