South African business people are often looking for ways to expand their businesses in the United Kingdom (UK). One of the lesser known routes to accomplish this is through the Sole Representative Visa (SRV).
This interesting UK immigration route allows a person who is employed by a South African company (or other non-UK employer) to go to the UK and establish a commercial presence there by operating a registered branch or wholly-owned subsidiary of that overseas business in the UK. However, the applicant may not hold more than 30% of the business shares.
The initial visa is granted for a period of three years, which can then be extended for another two years.
In order to obtain the initial 3-year visa, you will have to successfully prove that you are currently a senior employee of the overseas (non-UK) business and does not hold more than 30% of the business shares.
The UK Home Office will further need confirmation that you have full power to negotiate and take operational decisions for the UK branch/subsidiary, and that you will be paid a salary by your employer that is sufficient to cover your and your dependents’ basic living costs in the UK.
You will also have to prove that your employer does not currently have a presence in the UK.
In order to get the visa extended at the end of the first grant of leave (i.e. after the first three years), you will have to demonstrate successfully that the employer still has its headquarters and principle place of business outside of the UK, and that the visa holder is still employed full time and receives a salary as the employer’s representative. You will also have to prove that you are still in charge of the branch/subsidiary in the UK and are still required in that capacity.
Other requirements for an extension include proof that you have indeed generated business within the UK, principally with firms in the UK. If these requirements are met, the Home Office will then issue a further 2-year visa to the applicant and any dependents.
Similar requirements as those in place to extend the SRV (outlined in the paragraph above) apply to applications for Indefinite Leave to Remain (ILR) once you have completed a total of five years in the UK as a sole representative.
It is important to note that, while residing in the UK as a sole representative, the Home Office would expect you to not be absent from the UK for more than three months (90 days) per year. However, there is some flexibility here if you can prove that any additional absence from the UK are essential to the running of the UK-based business.
If you are a business person looking to expand your business in the UK, please feel free to contact Breytenbachs Immigration Consultants. We will help you plan the most suitable route to achieve this.
