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 evidence 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 has 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 the English language

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This category is for the Representatives for the overseas established media i.e. overseas newspaper, news agency, or broadcasting organization 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 for the 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.

The 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 the decision. There will not be any general right of appeal against the refusal of a 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.

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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 the extension of a Sole Representative visa are:

• The Sole Representative intends to work for the same employer in the same job as his entry clearance was granted.
• 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 having 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 the 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’s refusal decisions. If the administrative review against the 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.

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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 a 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.

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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 the 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 for Sole Representative refusal along with the notice of the 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 Visa Administrative Review Application

The applicants are required to make a 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 on their administrative review applications. This is an opportunity for the applicant to address all the concerns and issues raised in the notice of the decision and the reasons for 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.

The outcome of the 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:

1. 1. He may overturn the original decision and issue a visa to the applicant.
   2. He may maintain the original decision along with all the reasons for the refusal; or
   3. He may maintain the original decision of refusal but may decide to withdraw one or more reasons of refusal; or
   4. 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.

Further Options

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 the 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 a 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.

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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 the 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 the 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 the 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 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 a Judicial Review Permission application is 3 months from the date of the refusal of the 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 on their permit 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 the 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.

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