With the Sole Representative category closing for new applicants in April 2022, many overseas companies are switching their Sole Representatives to the Skilled Worker category.
The Sole Representative of an Overseas Business visa category is for businesses looking to send a senior employee to the UK to establish a commercial presence via a UK branch or wholly-owned subsidiary.
If granted, this visa allows its applicants to live and work in the UK for three years.
Yes – the Sole Representative visa category is no longer open to new main applicants, after closing on 11th April 2022.
In multiple cases, UK branches and subsidiaries of overseas companies can apply for a Skilled Worker sponsor, meaning they can switch Sole Representatives to this category.
The Skilled Worker route allows individuals who have received a job offer from an eligible UK company to work in the UK for up to five years.
To be eligible to employ a Skilled Worker, businesses must have a valid Sponsor Licence in place.
There are various steps to a Sponsor Licence application – read our guidance for employers here.
Timing:
Sponsor Licence applications can take 1-2 months to prepare, with the processing of applications estimated to take around 8 weeks. This being said a 10-day priority service is available for additional cost, if required.
Due to the upcoming changes to the Skilled Worker salary threshold, we’re seeing a large influx in applications, meaning this timescale may be seen to stretch.
A Sponsor Licence must be in place before a Skilled Worker application can be made.
We recommend businesses give themselves as long as possible to prepare all necessary documentation for a Sponsor Licence to ensure the process is completed correctly.
Documentation:
For UK branches or subsidiaries incorporated less than 18 months before the Sponsor Licence application, a UK business bank account, with a bank both FCA and PRA regulated, is required.
The process of opening such an account can take longer than initially expected, which can in turn delay a Sponsor Licence application.
Business structure:
UK branches or subsidiaries that are one-person operated are unable to complete a Sponsor Licence application.
Companies will need a UK-based British or settled employee or office holder (e.g. a director) to be the Key Personnel role on the licence.
The Key Personnel will be responsible for the company’s compliance with UK employment, company and immigration law, communicating with the Home Office, and managing the licence on a day-to-day basis.
Salary:
With upcoming changes to the Skilled Worker minimum salary threshold taking place on April 4th 2024, individuals switching from a Sole Representative to a Skilled Worker visa may require a salary increase to meet these requirements.
Route to settlement:
For individuals switching from Sole Representative to Skilled Worker routes, the time they’ve spent in the UK as a Sole Representative will count towards their continuous residence requirement before applying to settle.
If you’re a business owner and you’re wondering if the switch from Sole Representative to Skilled Worker visa is right for you, speak to the Five Star team and we’ll be more than happy to share our expertise and recommendations.
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