UK Sole Representative Visa to ILR Guidance

If you are currently in the UK on a Sole Representative visa, you may be able to apply for Indefinite Leave to Remain (ILR) after 5 years in the UK. The 5 years required to qualify for ILR
is normally made up of 3 years on the initial Sole Representative visa and a further 2 years on an extended Sole Representative visa. ILR provides you with a route to settle permanently in the UK. If granted, you will be able to live, work and study for as long as you wish, and after a further 12 months, you will be able to apply for British citizenship. In addition, ILR gives you free access to the National Health Service (NHS) if you require healthcare while in the UK.

Sole representative visa to ILR requirements

To qualify for ILR as a sole representative of an overseas business, you will need to demonstrate to the Home Office that:

• You hold a current Sole Representative visa
• You are a representative of an overseas business or a representative of an overseas newspaper, news agency or broadcasting organisation
• You have been living and working in the UK for at least 5 years
• You meet the continuous residence requirement. This means you must not have spent more than 180 days outside the UK in any 12 months
• Your overseas employer still needs you to do your job
• If you are a sole representative, you must have successfully established a UK-registered branch or subsidiary of your overseas employer, and this must be actively trading
• You have passed the official ‘Life in the UK’ test (if you are aged between 18 and 64 years)
• Meet the English language requirements (if you are aged between 18 and 64 years)

Continuous residence requirement

The 5-year continuous residence requirement can be made up of time on any of the following visas:

• Representative of an Overseas Business visa
• Sole Representative of an Overseas Company visa
• Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation visa

The continuous residence rules state as an ILR applicant, you must have worked full-time for your overseas employer or the UK branch you have established. As such, as a Sole Representative ILR applicant, you must not have worked for any other business or engaged in business of your own while in the UK.

English language requirement

You will meet the English requirement if you hold an English language qualification at B1, B2, C1 or C2 level or if you have a degree taught or researched in English.

Can your dependants apply for ILR at the same time?

Your dependants will be able to apply for ILR at the same time as you, as long as they have also been living continuously in the UK for at least 5 years. You can include your partner and children on your ILR application as long as they meet the eligibility criteria as follows:

Partner

• Your partner must currently have permission to be in the UK as your partner
• You and your partner must be in a genuine and subsisting relationship together
• You and your partner must intend to carry on living together
• You and your partner must have enough income to support yourselves and your dependants
• Your partner must not intend to use public funds
• Pass the Life in the UK Test
• Meet the English language requirements (see above)

Dependant children

• Your child must currently have permission to be in the UK as your dependant child
• Your child must not be married or in a civil partnership
• Your child must live with you and be supported by you without the need for public funds
• You and your child’s other parent must both be in the UK legally or in the process of applying to enter, remain or settle

How to apply for ILR

To apply for ILR as a Sole Representative visa holder and dependant, there are a number of steps that should be completed, as follows:

1. Complete the online application form¹ for ILR as a Sole Representative visa holder
2. Pay the application fee of £2,404 for each applicant
3. Book and attend an appointment at a UKVAS office to have your biometrics taken (fingerprints and digital photo) – this is needed for each applicant
4. Provide any documents requested by UKVI (these documents can be provided when you attend your UKVAS appointment or uploaded online).

In most cases, you can expect to receive a decision on your ILR application within 6 months. Remember, if your visa expires during this time, you can still remain in the UK lawfully while waiting for your decision.

Sole representative visa to ILR refusal

As a Sole Representative visa holder, ILR may be refused for one or more of several possible reasons. Some of the possible reasons for ILR refusal as a Sole Representative visa holder include:

• Not meeting the 5-year residence requirements
• Being outside of the UK for too long during the 5-year period (i.e. more than 180 days in any 12-month period)
• Visa expiry
• The Home Office is not satisfied that you have successfully established a UK branch or subsidiary of your overseas employer
• The Home Office is not satisfied that you are still required by your employer to do your job in the UK
• You have not registered the UK branch or subsidiary in the UK with Companies House or
• You do not meet the suitability requirements (e.g. due to fraud or criminality).

If your ILR application has been refused, it is important to seek the advice of an immigration solicitor who can explain your options and the best route forward given your exact circumstances. This may include applying for an administrative review, appealing, or submitting a fresh application.

References

¹ GOV.UK: ILR online application form