Sole Rep of An Overseas Business: Indefinite Leave to Remain
An immigrant who has been granted indefinite leave to remain (ILR) by the Home Office has the legal right to live and work indefinitely in the United Kingdom, with no specific immigration restrictions. As the Sole Representative of an Overseas Business, you are typically eligible to apply for settled status after spending a minimum of five years in the United Kingdom. During which time, all applicable terms and conditions as outlined by the Home Office must have been met.
Requirements for Settled Status
In order to qualify for indefinite leave to remain under the Sole Rep pathway, the applicant must have fulfilled the following requirements:
- Spent a minimum of five continuous years in the United Kingdom under the terms and conditions of the Sole Rep visa scheme;
- Remained self-sufficient and financially stable throughout their stay, with no attempts to access public funds at any time;
- Provision of evidence that the overseas parent company is still headquartered overseas and is operational at the time of the application.
- The applicant must have established a subsidiary or branch of the overseas business in the UK, formalised and registered accordingly;
- The employer must formally declare that the sole representative is still performing a necessary function and is being paid the same or more as they were at the time of their initial application.
- Demonstration of sufficient English language skills and general knowledge of the way of life in the UK.
Once again, it is important to ensure that no applicable immigration rules have been breached for the duration of the applicant’s stay. By ‘continuous residence’ for a minimum period of five years, this means having spent no longer than 180 days in any calendar year outside the United Kingdom. Excessive absence may disqualify the Sole Rep’s application for indefinite leave to remain.
Please note that if you are currently in the United Kingdom as the Sole Rep of an overseas business, you will need to apply for ILR using the SET (BUS) form. Alternatively, if you are in the United Kingdom as the Sole Rep of a broadcasting firm or news agency, or you will need to apply for ILR using the SET(O) form.
Sole Rep of an Overseas Business ILR Lawyers in Luton
An application for indefinite leave to remain can have enormous repercussions. If you intend to live and work in the United Kingdom on an indefinite basis, the importance of submitting a complete, accurate and well-supported application cannot be overstated.
That’s why we strongly recommend securing expert legal representation at the earliest possible stage. Here at Aristone Solicitors, our experience extends to all aspects of IDL applications and visa extensions for Sole Reps in the UK. However complex your case, we’ll do everything we can to ensure a prompt and positive outcome. Call today to book your obligation-free consultation with our business immigration team.