PROFORMA FOR REPRESENTATIVES OF AN OVERSEAS BUSINESS ENTRY CLEARANCE APPLICATION
The representative of an Overseas Business route is for an employee of an overseas business which does not have a presence in the UK. A person applying as a Representative of an Overseas Business must either be a Sole Representative or a Media Representative
- A Sole Representative is a senior employee of an overseas business who is assigned to the UK for the purpose of establishing a branch or subsidiary.
- A Media Representative is an employee of an overseas media organisation posted to the UK on a long term assignment
- A dependant partner and dependent children can apply under this route.
- Representative of an Overseas business is a route to settlement.
An application for entry clearance as a Representative of an overseas business must meet all the following requirements :
- Any fee and immigration health charge must have been paid.
- The applicant must have provided any required biometrics.
- The applicant must have provided a passport which establishes their identity and nationality.
- Applicant must provide a valid tuberculosis (TB) certificate with their application for the 6 months immediately preceding the application.
- The overseas business or media organisation that the applicant represents must be active and trading outside the UK, with it’s headquarters and principal place of business remaining outside the UK.
- The applicant must have been recruited and taken on as an employee outside the UK by the business they will represent.
- The applicant must intend to work full time as the representative of the overseas business or media organisation and must not intend to undertake work for any business or engage in business on their own.
- The applicant must show English language ability on the Common European Framework of Reference for languages in speaking and listening of at least level A1 e.g. a degree taught in English.
- The applicant must show they can be maintained and accommodated in the UK without access to public funds ( this can be assessed from applicant’s employment contract for earnings and bank statement 31 days period before the date of application )
ADDITIONAL REQUIREMENTS FOR A SOLE REPRESENTATIVE
- The applicant must be a senior employee of the overseas business with skills, experience and knowledge of the business necessary to undertake the role , with full authority to negotiate and take operational decisions on behalf of the overseas business.
- The applicant must not have a majority stake in , or otherwise own or control a majority of the overseas business they represent , whether that ownership or control is by means of a shareholding , partnership agreement , sole proprietorship or any other arrangements.
DOCUMENTS REQUIRED FROM THE EMPLOYER
- A full description of the overseas business activities, this includes details of the business’s assets and accounts and the business share distribution or ownership for the previous year.
- A letter which confirms the overseas business will establish a wholly owned subsidiary or register a branch in the UK in the same business as the overseas business.
- A job description , salary and contract of employment that will apply to the applicant during their employment in the UK.
- A letter which confirms the applicant is fully familiar with the overseas business’s activities and they have the relevant skills, experience , knowledge and authority necessary to negotiate and take operational decisions without reference to the overseas business.
- A notarised statement which confirms the : (a)- applicant will be their Sole representative in the UK; (b)-overseas business has no other branch , subsidiary or representative in the UK; (c)- overseas business’s operations remain centred overseas.
ADDITIONAL BUSINESS REQUIREMENTS FOR A MEDIA REPRESENTATIVE ON THE REPRESENTATIVE OF AN OVERSEAS BUSINESS ROUTE
- The applicant must be an employee of an overseas newspaper, news agency or broadcasting organisation undertaking a long term assignment as a representative of their overseas employer
- An overseas media business can have more than one representative in the UK at the same time
- Applicants in media are usually journalists but other employees like producers , news camera men, front of camera personnel are also eligible but not secretaries or other administrative staff.
- Initial 3 years leave to stay in the UK with no access to public funds and can only work as a representative for the business which they are admitted to represent.
- Then a further 2 years leave to stay in the then after 5 years in the UK is settlement then British citizenship after one year of settlement.
Children under 18 or partner are also eligible to apply and dependants can undertake any work (except as a professional sportsperson) and can study.