This type of immigration category can only be applied from a British diplomatic post overseas and a person on a different immigration category cannot switch into this category while remaining within the UK. This is not available to EEA nationals so only non-EEA nationals can apply under this immigration category.

A sole representative is someone who will establish a wholly owned subsidiary or register a branch in the UK for an overseas parent company. The firm must not already have any branch, subsidiary or other representative in the UK.

2. Who can qualify to apply for a "Sole Representative"?

The majority shareholders of the company are not allowed to seek entry clearance under this immigration category. It is only open to the person who can produce documentary evidence to prove that

• He has been employed by the parent company for some time and holds a senior position.
• He has authority to take decisions without reference to the parent company.
• He has been recruited to the parent company from outside the UK.
• He is directly employed by the parent company and not acting as an agent of the company working on commission.
• He can maintain and accommodate himself and any dependants without the help from public funds.

3. What Documents to Submit?

The entry clearance application for this type of immigration category needs to be submitted along with employer's documents and the applicant's documents.

Employer's Documents

• Financial Documents (Annual Accounts, Bank Statements, Tax Documents)
• Documentary evidence of the assets owned by the parent company.
• Certificate of Incorporation (In case of a Ltd. Company)
• Any published material / brochures / company information.
• Print outs of the website (If available)
• Evidence of the age of the company
• Letter from the company stating its intention to open a subsidiary or a branch in the UK, which is a profitable project for the company.
• Letter from the company confirming that the applicant is being appointed as the sole representative of the company, detailing his duration of the employment, salary package and job description.
• Documentary evidence of the fact that he has been working with the parent company for a considerable amount of time.
• Employment contract with the company.
Proof of the fact that the applicant is holding a senior post in the overseas company and has been authorized with taking of decisions on behalf of the company.

This is not an exhaustive list and the British Diplomatic post may need to ask for further information / documentary evidence. However, in addition to the above documents the applicant needs to provide the following:

• Original Passport of the main applicant and those of dependants, if any.
• Two Pictures of the main applicant and the dependants, if any.
• Fees for the application
• Proof of the relation of the dependants with the main applicant.
• Original bank Statements for the last 3 months
• Any memberships of professional bodies

4. Duration of Visa

The maximum period for which an entry clearance for a Sole Representative could be sought is 2 years. However, the applicant can always apply for an extension of leave to remain in this category provided the parent company extends the employment contract.

5. Work Allowed

Sole representatives can establish a commercial presence of the parent company in the UK, in the form of a registered branch or a wholly owned subsidiary.

6. What is not allowed?

Sole representatives are only allowed to work that does not come within the ambit of the subject mentioned above. They are therefore not allowed to

• do business of their own or represent any other company's interest while remaining in the UK.
• take any sort of employment paid or unpaid while remaining in the UK.

7. Change of employment

A sole representative can only be a direct employee of the overseas company and therefore cannot change employments while remaining within the UK.

8. Important points to note

There can be only one sole representative of the overseas company who can remain in the UK at one time. If the overseas company appoints a senior person as the sole representative then the existing can apply for a work permit (he needs to leave the UK to apply for leave to enter as a work permit holder).

But if the existing sole representative has at least two year's leave to remain in the UK then he does not need to seek a work permit and can remain in the UK even if a superior has been appointed in the UK by the parent company.

9. Extension of Leave to remain

The sole representative needs to provide documentary evidences to prove that

1. The overseas company still exists and has its principal place of business outside the UK.
2. The applicant has established a registered branch or wholly owned subsidiary and is in charge of the UK establishment.
3. The applicant is sill required by the overseas parent company to run its branch office / subsidiary in the UK.

The maximum duration for which an extension can be sought is three years thus making a total of four years.

10. Spouse / Children

Sole Representatives can invite their spouse / children to join them as their dependants during the time of their employment provided they could support their families without recourse to public funds.

11. Switching Rules

Since 01^st of October 2004, there have been some major changes in the switching rules. Sole representatives can only switch their immigration status to the following immigration categories without leaving the UK provided they qualify for the specific category:

• Spouse Visa (Provided the applicant has been issued a student visa for more than 6 months initially and he has got more than 3 months of his current leave to remain).
• Religious Minister (provided they have lived as a student for 12 months and fulfil all the requirements to apply as a Religious Minister.

12. Settlement Prospects

Sole representatives who have remained in the UK for 5 years can apply for an indefinite leave to remain in the UK provided they have continuously met all the requirements of the Sole representatives during the 5 years of employment with the parent company.