An interview with a regulated UK immigration advisor
Are you a business owner who would like to provide a better quality of life for your family, and expand your business at the same time? Then look no further than the United Kingdom, through the Representative of an Overseas Business visa route.
Beyond Residence & Citizenship, a UK investment immigration firm can help you move to the UK in a matter of months, if you meet the requirements.
We asked Polina Revzina, Partner of Beyond Residence & Citizenship, and a licensed UK immigration advisor with many years of experience in the investment migration industry, to explain how to get to the UK with minimal investment requirements and to make your business grow at the same time.
What is a Representative of an Overseas Business visa?
The UK Representative of an Overseas Business visa is a very attractive option for entrepreneurs, at a time when the bar to British residency and citizenship is being raised. Britain doubled the minimum investment required for a Tier 1 visa to two million pounds back in 2014, and the rules are progressively tightening.
The route to a British passport goes like this: If your application for a Representative of an Overseas Business visa is approved, you will be given permission to enter and remain in the UK for up to three years initially. Beyond this, you will need to extend the visa for two years, provided you meet the requirements set out by the UK government. You have to remain in the UK as a senior employee of the same business throughout the five years, and the branch or subsidiary established in the UK must continue to operate. After five years in the UK in the Sole Representative visa category, you may then be granted permission to remain in Britain permanently.
What are the requirements for the parent company?
For a parent company to satisfy the requirements of the Representative of an Overseas Business visa, it must be a genuine commercial enterprise with its principal place of business outside the UK. It must also intend to keep its main center of operations outside the UK.
So, if your company is manufacturing auto parts, your UK branch or subsidiary must be engaged in a related line of business. A typical scenario might involve a senior employee of a company in China, with a turnover of 10 million that seeks to establish a commercial presence in the UK. If your family has a business, you could also be eligible if you satisfy the British authorities’ requirements that you are a senior employee who plans to work for the parent company on a full-time basis.
When is the UK Representative Visa not suitable?
If your business already has a UK presence and the representative can be employed directly by the UK branch or subsidiary, then this visa is not for you. If you own more than 50 percent of the overseas business, then you would have to restructure the business and become a minority shareholder in order to follow the rules.
Any change in the nature of the operations of the UK branch or subsidiary (after which it can no longer be considered as carrying out the same type of business as the original overseas business) would also be a red flag, as would a situation in which the UK branch or subsidiary is no longer wholly owned by the original overseas business.
What are the requirements for the applicant?
To be eligible, an applicant must have full authority to make decisions on behalf of the parent company, hold a senior position within the company, be a minority shareholder who does not own more than 50 percent of the business, have sufficient funds to support their dependents, have extensive knowledge and experience in the industry, meet the English language proficiency requirements, not take up any other employment whilst in the UK, and prove that this UK branch is the first commercial presence in the UK. So, the applicant and the business must be credible in terms of experience, turnover, and track record.
Can I bring my family to the UK?
You can bring your family with you, including a spouse or unmarried partner and children under 18. Your spouse can take up gainful employment of their choice and your children can study. You will have access to public education and healthcare systems.
Why Beyond Immigration?
We are an international investment migration firm offering bespoke residency and citizenship programs to high-net-worth individuals and their families. Our holistic approach is rooted in objective advice and long-term relationships. We are experts at seamlessly guiding you and your family to your destination of choice whilst serving all your relocation needs, from property investment to education, and everything in between.
We have particular strength in the UK, where our strong executive team, made up of investment migration, legal and banking professionals, delivers a unique family office expertise under one roof, from strategic advice to consolidated reporting.
