Overseas businesses seeking to establish their first presence in the UK can send one senior employee on a Sole Representative visa. This visa allows the representative’s spouse and children under 18 to join them as dependants.

To qualify, the business must have been trading for at least 12 months and intend to establish its first UK branch or subsidiary without moving its headquarters. The business must also grant the Sole Representative full authority to make operational decisions and submit a business plan and financial statements for the UK expansion.

The representative must be employed outside the UK, be a senior employee, and work full-time without seeking other employment. They cannot be a majority shareholder and must demonstrate they can support themselves and their dependants financially while meeting the English language requirement (CEFR A1 – speaking and listening).

The visa is initially granted for three years and can be extended for two more. To qualify for an extension, the UK business must be registered, actively trading, and its headquarters must remain overseas. The Sole Representative must still be needed in their role and continue to receive a salary.

After five years in the UK, a Sole Representative (and their dependants) may qualify for Indefinite Leave to Remain (ILR) and later for UK citizenship.

Interested in obtaining a Sole Representative visa? Contact us today for more information.

Kate Boguslawska

T: 0207 406 1096

E: katarzynaboguslawska@cartercamerons.com

Katarzyna (Kate) Boguslawska qualified as a solicitor in 2006 and is a Partner in our corporate and commercial department.

Kate’s clients range from start-up owners through to SMEs and some global main-players who need advice on business-related matters. These range from advice on employment and company matters to contract drafting and disputes. Kate understands her clients, their needs and goals. Her clients often praise her pragmatic approach and tailored practical advice.

Employment

In her employment practice Kate:

  • drafts contracts, handbooks and company policies
  • provides regular Employment/HR Advice
  • negotiates contracts
  • drafts and negotiate settlement agreements
  • helps to navigate through TUPE, restructure and redundancies
  • advises and represents in claims for unfair dismissal, discrimination, breach of contract, unlawful deduction from wages, etc
  • advises on injunctive relief and restrictive covenants

Notable employment work included:

  • advising a well-known English designer in company restructure and redundancies;
  • advising employers and high net worth individuals on settlement agreements and severance packages;
  • regular HR advice to a number of company clients;
  • advising media company on contracts and issues relating to confidentiality, IP and restrictive covenants;
  • representing high earning claimants in ‘Stress at Work’ personal injury matters.

Commercial

In her commercial and company practice Kate:

  • advises on suitable business entities and company formation;
  • advises on company and directors’ duties;
  • drafts necessary company documents including amended articles and resolutions;
  • drafts and negotiates contracts and shareholders’ agreements;
  • advises on shareholders disputes.

Notable commercial work included:

  • advising and representing foreign companies establishing business in the UK;
  • advising companies on matters involving directors’ duties and shareholders’ disputes;
  • advising a Polish PLC on contract matters and negotiating on its behalf with an English PLC;
  • representing an international cosmetics company in injunctive relief and restraint of trade matters;
  • representing hauliers in representations against Border Force and HMRC in excise duty matters;
  • advising EU nationals on immigration issues, residency and citizenship applications in the UK.

More…

Kate has strong links in the Polish community and is recommended by the Polish Embassy in London, having co-written a Guide for Polish Investors in the UK that was published by the Embassy. She has a broad network of international connections and has been instructed by law firms in Poland to assist their clients in matters involving English jurisdiction.

Listen to Kate’s podcast