If you want to register a UK branch of your business based outside the UK, then the Representative of Overseas Business Visa is a suitable option for you. However, you will need to choose a UK ROOB Visa representative who will be responsible for establishing a commercial presence of your company in the UK.
But before we go on to understand how to choose a representative for your business’ branch in the UK, let’s quickly understand what the UK ROOB Visa is.
What is a Sole Representative of an Overseas Business Visa?
The Sole Representative of an Overseas Business Visa or the UK ROOB Visa allows a senior employee of your business overseas to run its branch or wholly-owned subsidiary in the UK. After five years, the representative or overseas business partner can receive Indefinite Leave to Remain (ILR).
The employee that you choose to represent the parent company must meet a few criteria to qualify for the UK ROOB Visa. Let’s read about it.
The employee that you choose to represent the parent company must meet a few criteria to qualify for the UK ROOB Visa. Let’s read about it.
Choosing Overseas Business Partner for UK ROOB Visa
AUK ROOB Visa candidate must have the skills and status to be eligible. Here are a few factors that are verified to check the eligibility.
- Employment Overseas
- Decision-Making Power
- Experience in the Field
The Sole Representative Visa applicant must be directly employed by your company outside the UK in the first instance. They may later be employed in the UK branch of the parent company or work as an overseas business partner. Marketing or sales agents responsible for selling your product in the UK usually work for a service fee and do not qualify for the UK ROOB Visa. This is because they only fulfil a single function and cannot overlook different processes like a senior employee of the company can.
The potential overseas business partner of your company must be employed at a senior position in the parent company abroad. They may also have been employed for a substantial period in the parent company before taking over the UK branch of the company as an overseas business partner or representative. A senior position is required since the representative must be able to overlook different processes and make decisions on behalf of the company.
The candidate must be exclusively representing your business and work full-time as the representative of the subsidiary of your company.
A long tenure in the parent company is not a prerequisite. If the candidate has been employed simply to overlook or represent your company in the UK, then they must at least demonstrate a good track record in the same or closely related field. As a company, you must be able to prove that the reasons for choosing an experienced professional are completely valid.
Can Shareholders Be Sole Representatives?
Yes, the applicant for a Sole Representative visa can be a shareholder. However, they cannot hold more than 50% of the shares at the point of application.
If the existing majority shareholder qualifies for this visa, they need to reduce their shareholding before applying. Keep in mind that the Home Office will check the company’s share distribution for the current and the previous years.
Moreover, according to the immigration rules, the Sole Representative visa applicant cannot control or own an overseas business. This control can be in a partnership agreement, majority shareholding, sole proprietorship, etc.
Apart from stake ownership, applicants should not control the overseas business by any arrangement.
If the existing majority shareholder qualifies for this visa, they need to reduce their shareholding before applying. Keep in mind that the Home Office will check the company’s share distribution for the current and the previous years.
Moreover, according to the immigration rules, the Sole Representative visa applicant cannot control or own an overseas business. This control can be in a partnership agreement, majority shareholding, sole proprietorship, etc.
Apart from stake ownership, applicants should not control the overseas business by any arrangement.
To stay in the UK, the sole representative must only be employed by the parent company and must not undertake any part-time or business role in any other company in the UK.
You can send your application three months before you’re planning to have your representative travel.
