Immigration Links:

• Introduction
• Administration of the Scheme
• Advantages of the Sole Representative Scheme
• Restrictions on the use of the Sole Representative Scheme
• The Documents and data necessary to make an Application
• Application Form

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Introduction

The Sole Representative scheme is designed to allow foreign businesses without a UK presence to send someone to the UK to open a representative office there. It is used instead of a Work Permit as Work Permits generally need to be applied for by companies with a UK presence already.

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Administration of the Scheme

The Sole Representative scheme is administered by British Embassies and Consulates throughout the world; not every embassy deals with applications in the same way, or with the same speed.

Immigration officers based in the Developed World are generally quite welcoming to bona fide applicants, can often process applications in a week or so, and normally do not refer applications back to the Home Office in the UK.

British Officials in the Developing World may take longer to grant applications; even when they grant an application they can take as long as 2 to 3 months to do so. One of the reasons for this is that the visa sections of UK Embassies in the Developing World tend to be overburdened with applications for all sorts of visa, so there are lengthy waiting periods for any interviews. Another is that immigration officers at British posts in the Developing World are more likely to refer Sole Representative applications to the Home Office Immigration Dept. at Lunar House, Croydon (expect an 8 to 10 week delay whenever this happens).

Fortunately for nationals of Developing Countries, if they are normally expatriate residents in a more 'convenient' country then they can apply through that country.

The Home Office, if persuaded that applying from abroad would be particularly inconvenient, may allow an application to be made whilst the representative is in the UK. Such applications are not covered by the normal immigration rules, and the Home Office needs to be given very good reasons why they should, exceptionally, grant such an application. All such applications are made at the client's own risk, and are not covered by BCL's usual 'No win - No fee' guarantee.

Entry is granted for one year; at the end of this year, as long as the UK operation looks solvent and viable, it is normally possible to obtain an extension for a further period of three years. After 4 years in the UK the representative, if still employed by a solvent and viable company, will usually be granted 'Indefinite Leave to Remain' (permanent residence).

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Advantages of the Sole Representative Scheme

1. Applications can generally be dealt with without their having to be referred to the Home Office in England; this allows processing to occur quickly (some Embassies will grant entry clearance in a week or so).

2. Unlike a business application, which requires an investment of £200,000, there is no need to invest a significant amount of money.

3. The sole representative does not have to be an existing employee of the overseas firm.

4. Unlike Work Permit applications, there is no need to show that there is no one from the resident labour market who can do the job.

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Restrictions on the use of the Sole Representative Scheme

1. The scheme is designed to be used for employees rather than entrepreneurs (who should generally apply to come to the UK under the business status category); while the employee may have an equity stake in his employing company, they may not have a controlling interest (ie The sole representative is allowed to have a maximum of forty-nine percent of the shares of the overseas firm)

2. The scheme can only be used for one employee. Once a company has a representative in the UK, if it wants to send further (non EU) staff to the UK office, it will have to use Work Permits.

3. Initially the employee must enter the UK as a representative (although they are permitted to set up a subsidiary after entry). Further, the representative must have plenipotentiary powers to represent the overseas firm in the UK - i.e. they must have full executive authority; sales representatives without such authority do not qualify.

4. The Overseas company must have been trading for at least a year.

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The Documents and data necessary to make an Application

1. Accounts for the overseas firm.

2. A business plan for the UK operation.

3. Marketing literature for the overseas firm,

4. Lease agreements for proposed office space (if available).

For The Individual

1. Educational history.

2. Employment History.

3. References attesting to achievements / experience.

4. A letter of appointment or contract of employment.

5. Entry clearance form (obviously, this is not necessary for those applications made in the UK).

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