# Question about Sole Representative visa



## biologyny (Jan 6, 2017)

Hi, 

Regarding Sole Representative visa, my company has an
intention to let me move to UK to develop the business and set up a new
branch. I checked all visa type and find this Sole representative visa
meets my demand to achieve permanent residence after 5 years. 

Here comes my questions: 

1. You only get initial 3 years visa and before the 3 year ends, you must
extend for another 2 years, meaning a second 2-year visa. But all of that
amounts to a time less than 5 years because you are getting a new 2-year
visa before previous 3-year visa ends. And even it comes to 5 years in total, how you can apply for settlement ? Your visa will end after 5 years, then you have to leave UK,
but how you can still be inside UK to apply for settlement when the 5 years
due? 

2. It mentioned clearly in the policy that when you make visa extension, you must be
still in the process to establish the branch. What if i did it already
within 1st 3 years? If so, i lose the chance to extend the visa and say
goodbye to the target to settle in the UK ? 

Thanks in advance for help.


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## clever-octopus (May 17, 2015)

You can remain in the UK for up to 5 years total - A month before your 5 year residency is reached, you can apply for Indefinite Leave to Remain, provided you are still needed in that role

If you've fully established the company's UK presence, you've been superseded by a new operations manager, and your role in establishing the business is functionally complete, then you will probably not be granted leave to remain. Even if the legal entity is established, however, that doesn't necessarily mean that the business isn't still in the process of stabilising operations and building a permanent workforce. Your employer can make the case for your leave to remain on the basis that your knowledge and expertise are still critical to the success of the new branch.

https://www.gov.uk/government/uploa...epresentatives-of-overseas-businesses-v13.pdf


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## biologyny (Jan 6, 2017)

However, it's still not clear about the policy. For example, i enter UK with Sole representative visa, and in the first 3-year period, I help my company outside UK establish the UK branch company, and start recruiting sales persons and etc., should it be possible for me to extend another 2-year Sole representative visa and result in settlement after total 5 years ?


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## biologyny (Jan 6, 2017)

*About sole representative visa question*

Hi, 

here's a question about Sole Representative visa and after-5-year settlement:
It's not clear, for example, i enter UK with Sole representative visa, and in the first 3-year period, I help my company outside UK establish the UK branch company, and start recruiting sales persons and etc., should it be possible for me to extend another 2-year Sole representative visa and result in settlement after total 5 years ?

After I read the "extend your visa" section of eligibility: "you’re still working to establish the company’s first presence in the UK"on Gov.UK, I get confused. Does it really mean the UK branch cannot be fully functional such as employ staff and start transaction before I extend another 2-year sole representative visa ? If it happens in year 4, for example, could I still be able to get settlement after 5 years ?

Thanks!


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## biologyny (Jan 6, 2017)

*Critical questions about applying for ILR with Sole rep. category*

Hi, 

I would appreciate if there's anyone knows about the following questions during application for ILR from "Sole representative" category:

1. Extension: When should I start to apply for extension if i enter UK from Apr. 30th, 2017 with a 3-year visa providing the visa validity is till Mar. 29th, 2020 ? 

2. Shortfall of 5-year ILR application: if I apply extension 3 months before the visa expires, which means from Dec. 30th, 2019, and assume I get the visa extension for another 2 years, which, for example, will be from Jan. 30, 2020 - Jan.29, 2022, there could be around 3 months short for the ILR 5-year requirement. So how could I deal with that ? Is it still possible that I get approved ? 

3. When the 5-year start counting ? If as stated above the first visa issues on Mar. 30th 2017 and I move to UK one month after it. 

The assumed scenario summary:
1. Sole representative visa issued Mar. 30th, 2017 - Mar. 29th, 2020
2. Extension the visa, valid from Jan. 30th, 2020 - Jan. 29th, 2022
3. Apply for ILR earliest from Oct. 29th, 2021.

If there's any senior members to answer these questions?

Thanks very much!


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## Joppa (Sep 7, 2009)

#1 Within 28 days of visa expiry.
#2 They add the unexpired portion of your visa/leave to your new one, so you will have spent 5 years (minus 28 days). Also they allow a leeway of up to 3 months. 
#3 From when you moved to UK.


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## biologyny (Jan 6, 2017)

Joppa said:


> #1 Within 28 days of visa expiry.
> #2 They add the unexpired portion of your visa/leave to your new one, so you will have spent 5 years (minus 28 days). Also they allow a leeway of up to 3 months.
> #3 From when you moved to UK.


Thanks Joppa. 

Some more questions may concern about my family. If I apply in this VISA category with my family, after it approved, should my family live in UK at least 180 days a year and keep this for continuous 5 years and finally they can get settlement ?

OR what if my family just come like once a year, short stay (like a week) with that dependent visa, could they apply for settlement together with me after 5 years ? But for sure I am going to stay in UK more than 180 days a year for at least 5 years.


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## nyclon (Apr 3, 2011)

Of course they all have to live in the UK. A week a year in the UK is visiting. You all have to demonstrate that your life is in the UK by spending the majority of your time together in the UK.


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## biologyny (Jan 6, 2017)

i doubt it. If we look at Investor VISA, they DO NOT require your family to stay in UK, but just the investor himself. And after five year, all the family could go settlement.


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## nyclon (Apr 3, 2011)

Good luck with that. 

There is no way your family will be granted citizenship by spending 1 week a year in the UK.


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## biologyny (Jan 6, 2017)

it's just settlement, not citizenship. BTW, if one week a year too short for my family, how long it requires by minimum ?


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## WestCoastCanadianGirl (Mar 17, 2012)

biologyny said:


> it's just settlement, not citizenship. BTW, if one week a year too short for my family, how long it requires by minimum ?


Well, given that the longest tourist visa that the Home Office will issue is 6 months duration, I'd say that your family would need to stay for a _minimum_ of 6 months or more to be considered as "settled" in the UK.

If they're unable or unwilling to stay for 6 months _or more_, then they are likely unsuitable for Settlement visa - as stated before, a week a year in the UK is visiting. You all have to demonstrate that your life is in the UK by spending the majority of your time together in the UK.

Also keep in mind that, in the future, if your family wishes to eventually apply for citizenship, there are strict residency rules and requirements for that - the Home Office will want to know about each and every trip out of the UK that the applicant takes in the 12 months directly preceding the date of application and if it exceeds the stated allowable maximum, then the application will be refused.


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## biologyny (Jan 6, 2017)

Hi, Thanks! I am actually looking at this page from GOV.UK, it doesn's mention anything about family's minimum stay period in UK before they can apply fot settlement, providing that I myself meet the minimun stay requirement. Therefore, i understand my family holding dependent visa and stay in UK, but there is no minimum stay period requirement. Is it a correct understanding ? https://www.gov.uk/settle-in-the-uk...e-representative-of-an-overseas-business-visa


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## nyclon (Apr 3, 2011)

First of all, it's common sense.

Second, it says they have to have permission to be in the UK on other than a visit visa and they *live* with you.


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## biologyny (Jan 6, 2017)

Sure it is not visitor visa as i mentioned for my family , they will have dependent visa and should have multiple entry options. this word in GOV.UK "has permission to be in the UK " just mention not including visitor visa, but for dependent visa there is no specific saying they should be in UK for a continuous 5 years. Is this the correct interpretstion ?


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## nyclon (Apr 3, 2011)

No. It says they have to *live* with you. No where does it say they don't have to be in the UK for 5 years. There is a residency requirement for ILR and that is to live in the UK for 5 years. They are not exempt. Spending a week in the UK isn't living in the UK.


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## shesajem (Mar 4, 2019)

I have this visa that expires on the 11/05/2019, 1 month and 7 days before I reach 5 years in the UK, I want to apply for ILR, should I apply for it in April? Do you think they would accept it?


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