REPRESENTATIVE OF OVERSEAS BUSINESS – SOLE REPRESENTATIVE
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Sole Representative is an immigration category for the businesses already established overseas and intend to send one of their senior employees to either open up a branch office in the UK or a wholly owned subsidiary of the overseas business or for the overseas media to send their representatives on short / long term assignments. There are no restrictions on the nature of businesses that could sponsor one of their employees to come to the UK in order to open a branch office or a wholly owned subsidiary.
In fact, for any business based overseas wishing to extend their setup in the EEA market and plan to open their business in the UK, we can help achieve their proposed business venture. Our UK Immigration lawyer have vast experience in advising on Sole Representative visa application in the UK.
The applicants need to apply to be the Sole Representative in the UK of an overseas employer who intends to establish a commercial presence by operating a registered branch or wholly owned subsidiary of that overseas business in the UK and that branch or subsidiary will operate in the same type of business activity as the overseas business.
The prospective Sole Representative needs to provide documentary evidences to establish:
That he is recruited and employed outside the UK by the employer they intend to represent in the UK
That he intends to work full time for the parent company and does not intend to take any other employment
That he is applying to be the Sole Representative in the UK of an overseas employer who intends to establish and operate a registered branch or wholly-owned subsidiary of that overseas business in the UK and that branch or subsidiary will operate in the same type of business activity as the overseas business
That he is not the majority shareholder of the parent company
That he is a senior employee of the overseas company have full authority to take operational decisions on behalf of the overseas business for the purpose of representing it in the UK.
That he will be able to maintain and accommodate and any dependants adequately without recourse to public funds
That he meets the required standard in English language
This category is for the Representatives for the overseas established media i.e. overseas newspaper, news agency or broadcasting organisation being posted on a long-term assignment as a representative of their employer. The Representative for overseas media needs to provide documentary evidence to establish:
The physical and trading existence of the overseas media (parent company)
That the Representative for overseas media has been recruited and employed by the overseas media (parent company) outside the UK
That the Representative for overseas media does not intend to take any other employment
That the Representative for overseas media will be based mainly in the UK and working on a long term assignment.
That the Representative for overseas media will be able to meet the maintenance and accommodation requirement
That the Representative for overseas media will be able to meet the minimum English language requirement
Examples of the employees who can be appointed as Representatives of Overseas Media may be journalists, news cameraman, front-of-camera personnel etc.
Number of Representatives Overseas Media Companies
Immigration Rules allow the parent company (Overseas Business or Overseas media companies) to appoint more than one representative in this visa category.
English Language Requirements forthe Sole Representatives of Overseas Business
Unless the applicant is a national of a majority English speaking country or has at least Bachelor’s degree from English speaking country, the prospective candidate of Representative of overseas business or media needs to provide evidence that he / she has passed an approved English language test at A1 level.
Validity of Sole Representative Visa
Entry clearance for Sole Representative business or overseas media visa is granted for a maximum of three years which can be extended for another two years while remaining in the UK provided the Sole Representative is able to meet the extension requirements of this visa category.
Refusal of Entry Clearance of Sole Representatives Visa
If the entry clearance application is refused by the ECO (visa officer) in the overseas British Diplomatic post, the applicant will be given a right of review of the decision against the refusal of Sole Representative Visa that must be exercised within 28 days of the date of service of decision. There will not be any general right of appeal against the refusal of Sole Representative visa. If the administrative review against the refusal of Sole Representative visa also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings against the refusal of Sole Representative visa.
Representatives of Overseas Business or Media are initially granted entry clearance for 3 years which can further be extended for another 2 years allowing the Sole Representative and their family members to complete 5 years in the UK and settle down.
Requirements for Extension of Sole Representative Visa
The main requirements of extension of Sole Representative visa are:
The Sole Representative intends to work for the same employer in the same job as his entry clearance was granted for.
The Sole Representative can maintain and accommodate himself and his dependents adequately without recourse to public funds
The Sole Representative is still required by the employer for the same position.
The Sole Representative has fully complied with the immigration rules during his residence in the UK.
For advice on Sole Representative extension applications; we recommend to have a detailed advice from Sole Representative visa expert right from the beginning instead of panicking in the last month of the expiry of visas.
Refusal of Extension of Sole Representative Visa
When Sole Representative visa extension application is refused by the Home Office, the Sole Representative is given a right of review of the decision that must be exercised within 14 days. There will not be any general right of appeal against Sole Representative refusal decisions. If the administrative review against Sole Representative extension application also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review against both Admin Review and refusal of Sole Representative visa.
Upon completion of 5 years in the UK as a Sole Representative, and their family members, become eligible for Sole Representative ILR Indefinite leave to remain in the UK, provided they fulfill all the requirements for Indefinite leave to remain application.
Requirements for Indefinite Leave to Remain Application of Sole Representatives
The Sole Representative has been in the UK on this visa for a continuous period of five years
The Sole Representative has complied with the immigration rules and requirements throughout those five years
The parent company still requires the services of Sole Representatives.
Life in the UK test
English language B1 certificate (if the applicant does not hold at least Bachelors degree completed in any English speaking countries)
Refusal of Indefinite Leave to remain Application of Sole Representative Visa
If the Indefinite leave to remain application of Sole Representative is refused for some reason, the applicant is given a right of review of the decision that must be exercised within 14 days. There will not be any general right of appeal against any such decisions. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.
Since appeal rights have been taken away from most of the immigration categories, the applicants whose Sole Representative Visa entry clearance application or Sole Representative leave to remain application is refused, they are given right of administrative review against the refusal of Sole Representative Visa.
This is a procedure where the Sole Representative applicant is given an opportunity to challenge the refusal of Sole Representative Visa application by providing relevant arguments, or documents in some cases.
It is mandatory for the Home Office to give reasons of Sole Representative refusal along with the notice of decision and to inform the applicant about their rights of administrative review against Sole Representative refusal. The reasons of refusal shall disclose all the issues / concerns of the Home Office which have been identified by the immigration or Visa officer on the basis of the information / documents provided by the applicant or the information already held on record by the Home Office.
Time Limit to Make Sole Representative VisaAdministrative Review Application
The applicants are required to make Sole Representative visa administrative review application within 14 calendar days to the Home Office (28 days from overseas). It is really important to meet the deadline as otherwise the Home Office may reject the application unless exceptional reasons for the delay are provided.
Grounds of Administrative Review for Sole Representative Visa
One has to carefully consider and draft the grounds of Administrative Review for Sole Representative Visa on which he or she may rely in their administrative review applications. This is an opportunity for the applicant to address all the concerns and issues raised in the notice of decision and the reasons of refusal of the immigration application. It would also be useful to refer to the information or the documents already provided with the said application and highlighting any relevant sections and provide a detailed explanation addressing the issues.
Drafting grounds of administrative review for Sole Representative Visa refusal is a specialized area of immigration work and should therefore be left for the experts to handle it.
Outcome of Sole Representative Visa Administrative Review
Once Sole Representative Visa Administrative review is lodged, a different caseworker considers the grounds of Sole Representative Visa administrative review and may make one of the following decisions:
He may overturn the original decision and issue visa to the applicant.
He may maintain the original decision along with all the reasons of refusal; or
He may maintain the original decision of refusal but may decide to withdraw one or more reasons of refusal; or
He may maintain the decision but with different or additional reasons to those specified in the decision under review.
Effect of Sole Representative Visa Administration Review
The applicant’s leave to remain remains in place by virtue of paragraph 3C of the Immigration Act 1971, till the decision of the Sole Representative Visa administrative review provided he had valid leave to remain prior to making the relevant immigration application. He will not be eligible to make a fresh application whilst the decision on the Administrative Review is pending.
If the decision maker maintains the decision of Sole Representative Visa application refusal, the applicant may make a fresh Sole Representative Visa application within 14 days from the date of refusal of administrative review or may also lodge Judicial Review proceedings if it is considered that both the decision maker of the original application and of the Administrative review application made an error in the consideration of the said applications.
Again, it is extremely important to seek professional help in making decision whether to make a fresh Sole Representative visa application or to proceed in the Judicial review against Sole Representative Visa refusal or to choose both, depending on the individual’s circumstances.
A Judicial Review is a check and review procedure conducted by the Upper Tribunal (Immigration & Asylum Chambers) or the High court on the decisions made by the executive body (i.e. Home Office).
If the Home Office decides to maintain the decision of Sole Representative Visa application refusal as a result of administrative review application, the applicant may lodge judicial review proceedings against the Sole Representative Visa refusal. There is a 3 months’ time limit on bringing the Judicial Review proceedings against the refusal of Sole Representative Visa application.
Pre-Action Protocol for Sole Representative Visa refusal
Generally, the first step being a Pre-Action protocol letter is issued to the Home Office before initiating Sole Representative Visa Judicial Review JR process in the Upper Tribunal (Immigration & Asylum Chambers).
It is really important to assess the details of the matter, analyze the merits and proceed most effectively in order to obtain relief. This is an opportunity given by the claimant to the litigation team of the Home Office to review the matter in the light of the representations or submissions made in the Pre-action protocol letter. We generally give 14 days of notice to the Home Office to respond to our Pre-action Protocol letter.
The most important thing is to identify the issues raised by the Home Office and to see whether a fair decision has been made in the light of the information or documents available. Our job is to address those issues effectively and make a good case for the litigation team to review the decision. We have been quite successful in persuading the litigation team of the Home Office in reconsidering the decision and a number of our clients did not need to go further in the Judicial Review process and were given relied just on the basis of the pre-action protocol letter.
Permission Application (on papers) – Grounds of Judicial Review for Sole Representative Visa Refusal
If the Home Office Litigation Team refuses to overturn the decision, we shall then lodge JR review permission application in the Upper Tribunal by preparing grounds of Judicial review for Sole Representative visa refusal.
Time to Lodge JR Application – Sole Representative Refusal
The deadline to lodge Judicial Review Permission application is 3 months from the date of the refusal of Sole Representative Visa Application.
Grounds of Judicial Review – Sole Representative Visa Refusal
One has to carefully consider and draft the grounds on which he or she may rely in their permission application for Judicial review to the Upper Tribunal against the refusal of Sole Representative Visa Application. The main point here is to identify an error of law in the notice of refusal of Sole Representative Visa application. It needs to be assessed whether the visa officer (ECO) has made a fair decision in the light of the relevant law, rules or regulations with reference to the decisions of the superior courts. It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.
Once Judicial Review against refusal of Sole Representative application is lodged, the Respondent i.e. the Secretary of State for Home Department has 6 weeks to file “Acknowledgment of Service” along with the grounds of defense. The Upper Tribunal taking account of arguments and documents presented by both parties, makes a decision.
The Upper Tribunal may take one of the following actions:
Grant permission for Judicial Review on all grounds against the refusal of Sole Representative Visa Application
Grant permission for Judicial Review on one or more grounds
Refuse permission for Judicial Review
Whatever stage we come on board, we make sure to work in the best interests of our clients and have successfully represented many of our clients in such matters.
Why to instruct Chauhan Solicitors to advise you on your Sole Representative Visa Application, Sole Representative Visa Refusal and Sole Representative ILR
We are a city law firm, specializing in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully to apply for Sole Representation Visa.
Tailor-made Solutions for you
No two immigration matters can be the same. We have a tailor-made solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy.
Our Working Strategy
Assessment of your Immigration Matter:
As a starting point, we carefully assess merits of your intended visa application, further leave to remain, immigration appeal, Judicial Review or any other immigration matter, as the case may be.
Upon assessment of your matter, we advise you on the most appropriate way forward by keeping in view your personal circumstances and the relevant law.
Engagement of Our Immigration Services:
Once engaged, we shall provide you with a comprehensive list of documents / information required for preparing your immigration application, immigration appeal, Immigration Judicial Review and Administrative Review, as the case may be.
Review of Information and Documents:
We then very carefully review the requested documentation and information and make sure that your application etc. is aligned with the relevant laws. In immigration appeal or Judicial Review matters, we discuss suitability of the immigration barristers for the particular matters.
We believe that for any successful UK visa application, leave to remain application, UK immigration appeals, immigration Judicial Review or Admin Review, it is pivotal that you are thoroughly & efficaciously represented. For the same reasons, we very carefully draft your covering letters, Grounds of Appeal, Grounds of Judicial Review or Skeleton Arguments etc. in order to conclude your immigration matters successfully.
Once the immigration matter is submitted or filed, when & where necessary, we keep tabs on the Home Office or the Immigration Tribunals and update you accordingly.
Outcome of your Immigration Matter:
The outcome of the matter is followed with a need of further advice in respect of making a further application in the future or complying with a list of do’s and don’ts. Our team of best immigration solicitors take care of that diligently..
We are confident about our services
We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our excellent REVIEWS vouch for our legal competence, vast knowledge and diligent work attitude.
We have hundreds of satisfied clients. According to our clients, we are the Best Immigration Solicitors in London. We invite you to view our online REVIEWS allowing you to make an informed choice when instructing one of the best London immigration solicitors to represent you.
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