Sole Representative visa – extension and indefinite leave to remain applications

Sole Representative visa extension

The initial Sole Representative visa is granted for 3 years and it can be extended for a further 2 years. Dependent wife and children can apply to extend their visas in line with the Sole Representative.

To receive the Sole Representative visa extension:

  • the UK business must be registered,
  • the UK business must be actively trading (generating business),
  • the company’s headquarters and principal place of business must remain overseas,
  • the Sole Representative employee must still be required for their role and continue as the most senior employee in the UK with full authority to take operational decisions,
  • the Sole Representative must be in receipt of a salary from their employer.

Indefinite Leave to Remain (‘Settlement’) and UK Citizenship

After 5 years’ continuous residence in the UK, a Sole Representative visa holder may qualify for Settlement/Indefinite Leave to Remain (ILR) in the UK and subsequently for UK citizenship. Dependent wife and children can also apply for Settlement in line with the Sole Representative and then for UK citizenship.

To qualify for ILR a Sole Representative visa holder must still continue to meet the requirements as set out above for the visa extension, and in addition you will also need to:

  • have sufficient knowledge of English language and life in the UK;
  • have a continuous period of five years’ residence in the UK;
  • not have been absent from the UK for more than 180 days in any of the five years prior to the date of application.

To qualify for UK citizenship you must already hold an ILR for at least 1 year, you must not have been absent from the UK for more than 450 days during the 5 years preceding your application (out of the 450 days, in the final year you can be absent for no more than 90 days) and you must be of good character.

The note reflects legal position on 25th April 2019 and is for general information purposes only and does not aim to be comprehensive or to provide legal advice. We accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Carter Lemon Camerons immigration team. The specialist team at Carter Lemon Camerons Solicitors can assist you with all immigration and business-related matters. Our years of expertise in these areas mean that we can provide tailored solutions for you. For more details, please contact our immigration team at immigration@cartercamerons.com or +44 (0)20 7406 1000.