If you currently live in the UK under a Sole Representative visa, you may be eligible to seek Indefinite Leave to Remain (ILR) after a period of 5 years in the United Kingdom. The necessary time to be eligible for Indefinite Leave to Remain (ILR) is usually made up of three years on the first Sole Representative visa, followed by an additional two years on an extended Sole Representative visa.

The ILR (Indefinite Leave to Remain) option grants you the opportunity to establish a permanent residence in the United Kingdom. If approved, you will have the opportunity to live, work, and study indefinitely, and following an additional 12 months, you will be eligible to seek British citizenship. 

Sole representative visa to ILR requirements

To qualify for ILR as a sole representative of an overseas business, you will need to demonstrate to the Home Office that:

• You hold a current Sole Representative visa
• You are a representative of an overseas business or a representative of an overseas newspaper, news agency or broadcasting organization
• You have spent a continuous period of 5 years in the UK before the date of application
• You must not fall for refusal under the suitability requirements
• You have passed the official ‘Life in the UK’ test (if you are aged between 18 and 64 years)
• Meet the English language requirements (if you are aged between 18 and 64 years)
• Your overseas employer still needs you to do your job
• If you are a sole representative, you must have successfully established a UK-registered branch or subsidiary of your overseas employer, and this must be actively trading

Work Requirement

Throughout the qualifying period:

• the overseas business or media organisation that the applicant represents must have been active and trading with its headquarters and principal place of business remaining outside the UK; and
• the applicant must have been employed and working full-time for the overseas business they represent, or for that business’s UK branch or subsidiary, and
• the applicant must not have undertaken work for any other business or engaged in a business of their own.

The applicant must provide:

• evidence of salary paid by their employer in the 12 months immediately before the date of application and details of the remuneration package the employee receives; and
• a letter from their employer confirming that they still require the applicant to work for them and that the applicant will be required for the foreseeable future.

The applicant must be required by their employer to continue in the role for which their leave to remain as a sole representative was granted.

Additional Business Requirements

Where the applicant has, or was last granted permission as a Sole Representative, the applicant must meet the following additional business requirements:

Throughout the relevant qualifying period, the applicant must have met the following requirements:

• they must not have had a majority stake in, or otherwise owned or controlled a majority of the overseas business they represent, whether that ownership or control was by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement; and
• the applicant must 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.

The applicant must provide all of the following:

• evidence of business that has been generated, principally with firms in the UK, on behalf of their employer since their last grant of permission, in the form of accounts, copies of invoices or letters from businesses with whom the applicant has done business, including the value of transactions; and
• 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; and
• a letter from the applicant’s employer confirming that the applicant has supervised the UK branch or subsidiary since the last grant of permission.

To meet this requirement, specific documents are required by the Home Office and it is important to seek legal advice to ensure that you provide the right documentation.

Continuous residence requirement

The 5-year continuous residence requirement can be made up of time on any of the following visas:

• Representative of an Overseas Business visa
• Sole Representative of an Overseas Company visa
• Representative of an Overseas Newspaper, News Agency or Broadcasting Organization visa

The continuous residence rules state as an ILR applicant, you must have worked full-time for your overseas employer or the UK branch you have established.

The applicant must show all of the following: 

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

The Home Office may review your immigration history to ascertain whether you have resided in the UK with an appropriate permit. The period of time of continuous residency specifies that your time spent outside the UK must not exceed 180 days during a 12-month period, unless there are exceptional circumstances, such as compelling and compassionate personal reasons.

English language and life in the UK Test requirement

In order to be eligible to apply for settlement as a Sole Representative, it is necessary to demonstrate that you meet the English Language and Knowledge of Life in the UK requirements, unless an exemption is applicable. For example, those who are 65 years old or older are exempt from the requirement to provide evidence of adequate English language proficiency and knowledge of Life in the UK.

Can your dependants apply for ILR at the same time?

Your dependants will be able to apply for ILR at the same time as you, as long as they have also been living continuously in the UK for at least 5 years. You can include your partner and children on your ILR application as long as they meet the eligibility criteria as follows:

• Spouses 
• Civil partners 
• Partners who are not married or in a civil partnership but 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)

For a partner to be considered dependent, they must be at least 18 years of age and the relationship must be genuine and subsisting. Dependent children of Representative of an Overseas Business migrants must be below 18 years old at the time of application unless their previous permission was granted as a dependent child and they are not living independently.

In order to apply for settlement, the dependent partner and dependent child must submit their applications at the same time as the main applicant, unless the main applicant is already settled in the UK or has acquired British citizenship while having permission on the same route. In order to be eligible, individuals must have been recently granted permission to stay in the United Kingdom as a dependent partner or dependent child of the primary applicant, unless the dependent child was born in the UK and is applying as a child of the primary applicant.

Both the dependent partner and dependent child will need to meet the English language and Knowledge of life in the UK requirements unless an exception applies. 

Sole representative visa to ILR refusal

As a Sole Representative visa holder, ILR may be refused for one or more of several possible reasons. Some of the possible reasons for ILR refusal as a Sole Representative visa holder include:

• Not meeting the 5-year residence requirements
• Being outside of the UK for too long during the 5-year period (i.e. more than 180 days in any 12-month period)
• Visa expiry
• The Home Office is not satisfied that you have successfully established a UK branch or subsidiary of your overseas employer
• The Home Office is not satisfied that you are still required by your employer to do your job in the UK
• You have not registered the UK branch or subsidiary in the UK with Companies House or
• You do not meet the suitability requirements (e.g. due to fraud or criminality).

If your ILR application has been refused, it is important to seek the advice of an immigration expert who can explain your options and the best route forward given your exact circumstances. This may include applying for an administrative review, appealing, or submitting a fresh application.

For expert advice and assistance with a settlement application as a Representative of an Overseas Business, contact us on 020 3865 0219 or leave a message.