The applicant is restricted to working for the said branch or subsidiary and cannot undertake other work or engage in business of his or her own.
The Home Office categorises this type of visa as a non-sponsored work route, which means that unlike the Skilled Worker or Tier 5 routes, you do not need any type of sponsorship (e.g. a Certificate of Sponsorship) to apply for this visa.
As a result, your employer (i.e. the overseas business) does not need to hold a sponsorship licence or apply for a licence prior to you applying for this visa. This simplifies the application process to an extent.
What are the requirements to apply for the Representative of an Overseas Business Visa?
- The overseas business you represent must be active and trading outside the UK, and its principal place of business must remain outside the UK;
- You must have been recruited and taken on as an employee outside the UK by the overseas business;
- You must only work full-time as the representative of the overseas business;
- You must be a genuine representative of an overseas business;
- You must meet the English language criteria;
- You must have the sufficient skills, experience and knowledge of the business to undertake this role, and have full authority to negotiate and take operational decisions on behalf of that overseas business;
- You must not have a majority stake or other ownership or control of the overseas business, whether through direct ownership or through a partnership agreement/other arrangements.
This route leads to settlement after 5 years continuous residence in the UK provided you satisfy all of the relevant requirements.
The visa route also includes a sub-category for overseas media employees employed by an overseas newspaper, news agency or broadcasting organisation and posted by their employer on a long-term assignment in the UK.
If the main applicant has a dependent spouse and children under the age of 18, they are also able to join the main applicant in the UK.
Gherson has a wealth of expertise in advising clients on applying for the Representative of an Overseas Business Visa. Should you have any questions regarding your specific circumstances, please do not hesitate to contact us, send us an e-mail, or alternatively, follow us on Twitter to stay up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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