Section A: What was the Sole Representative visa?
The Sole Representative visa, formally part of the Representative of an Overseas Business route, allowed a senior employee of an overseas company to come to the UK to establish and run its first UK branch or a wholly owned subsidiary. It was designed for companies that had no active trading presence in the UK and needed a trusted senior employee to set up operations.
The route was for an existing employee with the authority to make key decisions on behalf of the overseas parent. Applicants could not be a majority owner of the business and were expected to have the skills and track record to establish the UK entity. The overseas company’s headquarters and principal place of business had to remain outside the UK, reflecting the route’s focus on first-stage market entry rather than a transfer into an already trading UK operation.
1. Sole Representative visa status today
The Sole Representative route closed to new applicants on 11 April 2022 when the Global Business Mobility routes were introduced. Existing Sole Representatives can still apply to extend their permission and, after meeting the residence and other requirements, apply for settlement under Appendix Representative of an Overseas Business.
The Representative of an Overseas Business route remains open for media representatives. Employees of overseas newspapers, news agencies or broadcasting organisations posted to the UK on long-term assignment can still apply under this category, which sits alongside the extension and settlement provisions for pre-existing Sole Representatives.
2. Successor routes for overseas companies
If you are an employee of an overseas newspaper, news agency or broadcasting organisation posted on a long-term assignment to the UK, you should look at the Representative of an Overseas Business Visa.
To come to the UK to establish operations for an overseas company, you should look at the UK Expansion Worker visa under the Global Business Mobility umbrella. It is a sponsored route that requires the UK entity to hold a sponsor licence and issue a Certificate of Sponsorship, and it is intended for senior managers or specialist employees assigned to set up the UK branch before trading starts. Detailed rules on maximum time limits and sponsorship apply. We expand on this in the alternatives section, with practical comparisons to the former Sole Representative route.
| Feature | Sole Representative visa (closed to new applicants) | UK Expansion Worker visa (alternative route) |
|---|---|---|
| Availability | Closed to new applicants since 11 April 2022. Extensions/ILR still possible for existing holders. | Open under Global Business Mobility for establishing a UK presence. |
| Sponsorship requirement | No sponsor licence required. | Requires a UK sponsor licence and Certificate of Sponsorship. |
| Who it is for | A single senior employee sent to set up the first UK branch or wholly owned subsidiary. | Senior managers or specialist employees assigned to establish the UK presence. Multiple workers may be sponsored if justified. |
| Ownership restrictions | Applicant could not be a majority owner/shareholder of the overseas business. | No explicit majority-ownership ban, but UKVI compliance and genuineness tests may restrict majority owners. |
| Trading status in the UK | Parent company had no active UK trading at the point of application. | UK entity must not be trading at the point of first sponsorship; activities focus on set-up. |
| English language requirement | Required for entry. ILR required B1 and Life in the UK test. | No English requirement for entry. English may apply if switching to a settlement route. |
| Salary rules | No set salary threshold, but role had to be senior and genuine. | Must meet GBM salary threshold and SOC code rate. |
| Duration | Initial 3 years, extendable by 2 years (5 years to ILR). | Up to 1 year initially, extendable to 2 years maximum. |
| Settlement pathway | Direct ILR after 5 years if requirements met. | No direct ILR. Must switch into Skilled Worker or another settlement route. |
| Dependants | Permitted; could extend and settle with main applicant if eligible. | Permitted; no direct settlement via this route. |
| Compliance duties | Lower formal sponsorship burden, but still required evidence of genuine operations. | Full sponsor compliance: record-keeping, reporting, right to work checks. |
| Typical next step | Extension then ILR after 5 years, if criteria met. | Switch to Skilled Worker or another settlement route for long-term stay. |
DavidsonMorris Strategic Insight
In many ways, the Sole Representative visa was an incredibly business-friendly work visa. It was unsponsored, relatively low cost and led directly to ILR.
Its effective replacement, the UK Expansion Worker visa, has none of these features and has in fact made the expansion process significantly more demanding in immigration terms. Companies now have to invest in the sponsorship process to secure a sponsor licence, retain the sponsor licence and apply separately for personnel to be deployed.
Section B: Closure of the Sole Representative visa
The Sole Representative visa closed to new applicants on 11 April 2022. The closure formed part of the UK Government’s restructuring of business immigration routes, which introduced the Global Business Mobility framework. The decision to withdraw the route reflected a shift toward sponsored visas requiring direct Home Office oversight through the sponsor licence system.
Policy papers at the time explained that the Sole Representative visa allowed unsponsored entry and settlement for overseas businesses without the same level of compliance checks demanded in other routes. The Government considered this inconsistent with its wider approach to immigration control. The move to sponsored routes under the Global Business Mobility category ensured that all companies establishing a UK base would be subject to the compliance and monitoring obligations attached to a sponsor licence.
The closure meant overseas companies can no longer send an unsponsored senior employee to set up their UK branch. Instead, organisations must now apply for a sponsor licence and then sponsor the individual under the UK Expansion Worker visa. This requires upfront planning and compliance investment that was not necessary under the former Sole Representative rules. It also means the individual cannot progress automatically to settlement unless they switch into a settlement route at a later stage.
Those who were granted Sole Representative visas before the closure can continue to extend their permission, provided they still meet the relevant criteria, and may apply for settlement after five years’ continuous residence if they satisfy the requirements. The closure therefore affects only new applicants, not existing visa holders who remain protected under transitional provisions.
DavidsonMorris Strategic Insight
The closure of the Sole Representative route has made entry much harder for overseas businesses establishing operations in the UK, but it’s not impossible with the right planning.
From an immigration perspective, expansion now involves sponsorship, which invites Home Office oversight and demands ongoing compliance focus to avoid costly and distracting penalties that can detract from business growth plans.
Section C: Sole Representative visa extensions
While no new Sole Representative visas can be granted, existing visa holders may still apply to extend their permission to remain in the UK. An extension is typically granted for a further two years, allowing the individual to complete the five-year period required for settlement eligibility.
To qualify for an extension, the applicant must show they continue to hold the same role as the sole representative of their overseas business. The overseas company must remain headquartered and principally based outside the UK. The applicant is expected to demonstrate that they are employed full time, remain in charge of the UK branch or wholly owned subsidiary, and that the UK entity is carrying out genuine business activity with clients or partners in the UK.
| Requirement | Description | Example of evidence |
|---|---|---|
| Employment status | Applicant must remain employed full time as the overseas company’s representative in the UK. | Employment contract, payslips, letter from overseas parent company. |
| Business control | Applicant must still be in charge of the UK branch or wholly owned subsidiary. | Incorporation documents, Companies House filings, management accounts. |
| Overseas headquarters | The company’s headquarters and principal place of business must remain outside the UK. | Parent company registration documents, evidence of overseas operations. |
| Business activity in the UK | The UK entity must be generating genuine business activity with UK clients or partners. | Client contracts, invoices, UK tax filings, business accounts. |
| Financial independence | Applicant and dependants must be able to maintain and accommodate themselves without public funds. | Bank statements, savings evidence, accommodation details. |
Applicants must submit evidence confirming the business continues to operate outside the UK and that they are needed in the UK in their representative role. This may include corporate documents, accounts, contracts with UK customers, and proof of ongoing business activity with UK clients or partners. They must also show they can maintain and accommodate themselves and any dependants without recourse to public funds.
Extension applications must be made online before the current visa expires. Applicants are usually required to attend a UKVCAS appointment to provide biometrics and supporting documentation. Decisions are normally made within eight weeks, although priority services may reduce the timeframe for an additional fee.
Applications can be refused where the Home Office is not satisfied that the UK entity is genuinely operating, that the applicant is required in the role, or where there is insufficient financial evidence of self-sufficiency. Failures to maintain continuity of employment or to meet the residence requirements can also create problems at the extension stage.
If the application is approved, leave is extended for two years. After completing five years of continuous residence, the visa holder may become eligible to apply for indefinite leave to remain, provided all requirements are met.
DavidsonMorris Strategic Insight
Extensions are still possible, but they’re not automatic. The Home Office will examine whether the UK entity is still genuinely trading and whether the individual is truly required and whether the parent company remains overseas. You will need to comprehensively evidence each of the requirements. Any queries or concerns are likely to result in a refusal, leaving the employee and the UK subsidiary in limbo.
Section D: Sole Representative visa to ILR
After five years of continuous residence in the UK under the Sole Representative route, visa holders may be eligible to apply for Indefinite Leave to Remain. ILR grants permanent residence status, allowing the individual to live and work in the UK without immigration restrictions and to access benefits such as free movement in the labour market.
After 12 months with ILR, they may become eligible to apply for British citizenship, subject to residence and good character requirements.
Applicants must show they have completed a qualifying period of five years in the UK under the Sole Representative visa. They must not have breached any immigration laws during their stay and must meet the continuous residence requirement, meaning they cannot have spent more than 180 days outside the UK in any rolling 12-month period within the five-year qualifying period.
ILR applicants must satisfy the English language requirement at level B1 CEFR or above unless exempt, and must pass the Life in the UK test. These tests are mandatory unless the applicant can rely on an exemption based on age, health, or nationality from an English-speaking country.
The applicant will need to demonstrate that the UK branch or subsidiary is genuinely trading and remains connected to the overseas parent company. Evidence typically includes accounts, tax filings, contracts, and proof of business activity with UK-based clients. They must also show that they can continue to maintain and accommodate themselves and any dependants without recourse to public funds.
ILR applications can be refused if the applicant has exceeded absence limits, failed to maintain the sole representative role, or cannot provide sufficient evidence of the business’s continuing presence overseas. Gaps in employment or lack of financial self-sufficiency can also affect the outcome. Careful preparation is required to avoid refusal at this stage.
DavidsonMorris Strategic Insight
ILR is the goal for many Sole Representative workers, but it’s a tough hoop to jump through. Early planning is needed from the outset. ILR requirements extend to UK absences, language ability and proof of genuine business ties — all necessitating extensive evidence. If you’re only gathering proof in the run-up to the ILR application, you’re likely to fall short. The company needs to have tracked and maintained absence records for the duration of the visa, and the business records have to show that the UK operation remains a ‘true’ branch of the overseas parent.
Section E: Dependants of Sole Representative visa holders
The Sole Representative visa allowed family members to join the main applicant in the UK. Although the route is now closed to new entrants, dependants of existing visa holders may still apply to join or remain in the UK, provided they meet the eligibility criteria. Dependants include a spouse or partner and children under the age of 18.
To qualify, the partner must show they are in a genuine and subsisting relationship with the main visa holder. Children must be under 18 at the date of application, and evidence may be required to show they are not living an independent life. The dependants must also be able to demonstrate that they can be supported and accommodated without access to public funds.
Applications are made online and usually require submission of biometric information at a UKVCAS service point. Supporting documents include proof of relationship, financial evidence, and confirmation of the main applicant’s visa status. Dependants can apply at the same time as the main visa holder or separately, but their permission to stay will not exceed the expiry date of the main applicant’s visa.
When the main visa holder applies to extend their Sole Representative visa, dependants must also apply to extend their permission if they wish to remain in the UK. They will need to demonstrate that the relationship remains genuine and that they continue to be financially supported.
Dependants can apply for Indefinite Leave to Remain in line with the main visa holder, provided they have lived in the UK for five continuous years and continue to meet the relationship and financial requirements. Children born in the UK during the visa period may also have additional routes to settlement or British citizenship depending on the family’s immigration circumstances.
Applications can be refused if evidence of the relationship is considered insufficient or where financial requirements are not adequately documented. Another common issue arises where dependants apply after long gaps, as this can affect their ability to qualify for ILR at the same time as the main visa holder. Careful planning of application timelines is important to align family settlement outcomes.
DavidsonMorris Strategic Insight
For workers, their family will be a primary concern when relocating. Any issues with dependant visas will create significant disruption for the worker and, by extension, their employer, so family risks will need factoring in with the immigration piece.
Section F: Alternatives to the Sole Representative visa
Since the closure of the Sole Representative visa in April 2022, businesses and individuals have had to look to alternative immigration routes. The appropriate option depends on the type of role, the business model, and the purpose of the move to the UK.
1. UK Expansion Worker visa
The UK Expansion Worker visa, part of the Global Business Mobility routes, is the principal replacement for the Sole Representative visa. It allows senior managers or specialist employees of an overseas company to establish a new branch or wholly owned subsidiary in the UK. Unlike the Sole Representative route, it requires the UK entity to hold a sponsor licence and to assign a Certificate of Sponsorship. The visa can be granted for an initial period of up to one year, extendable to a maximum of two years, and does not in itself provide a direct path to settlement. Applicants who wish to remain long term must switch into a settlement route, such as Skilled Worker, once eligible.
2. Representative of an Overseas Business visa for media workers
The only part of the former Representative of an Overseas Business route that remains open is for employees of overseas newspapers, news agencies, and broadcasting organisations. These applicants can still come to the UK on long-term assignments, provided they meet the eligibility criteria. This is the only scenario where new applicants can still apply under the Representative category.
3. Other potential routes
In certain cases, alternative visas may be more suitable. The Skilled Worker visa is often used where a UK business already has a sponsor licence and can offer employment in an eligible role that meets the salary thresholds. For entrepreneurs or those with innovative business ideas, the Innovator Founder visa may be an option. Graduate or Global Talent visas may also be relevant for particular candidates, depending on their skills and career plans.
4. Strategic considerations for businesses
The move from Sole Representative to the UK Expansion Worker visa introduces greater compliance obligations. Overseas companies must prepare for the administrative burden of sponsor licensing, ongoing reporting, and monitoring duties. Unlike the old Sole Representative route, the UK Expansion Worker visa does not offer a direct settlement pathway, which can complicate long-term workforce planning. Businesses should therefore assess not only how to establish their UK presence but also how to secure long-term residency for key employees.
The transition from the Sole Representative visa to the Global Business Mobility framework has reshaped how overseas businesses approach UK market entry. Employers and visa applicants now face a more regulated process that brings both opportunities and challenges.
Unlike the unsponsored Sole Representative route, the UK Expansion Worker visa requires the UK entity to hold a sponsor licence. This introduces obligations to keep detailed records, carry out right to work checks, and report certain changes through the Sponsorship Management System. Any failure to comply can result in suspension or revocation of the licence, with immediate consequences for sponsored workers.
Businesses must account for the upfront and ongoing costs of sponsorship. These include sponsor licence fees, Immigration Skills Charges where applicable, and visa application fees for employees and their families. Legal and administrative costs may also rise due to the need for careful compliance management. This is a significant change from the former Sole Representative model, which involved fewer direct costs and obligations.
The UK Expansion Worker visa does not provide a direct path to settlement. Employers and employees must therefore plan how and when to transition into a settlement route such as the Skilled Worker visa. Without forward planning, employees risk losing continuity of residence and delaying eligibility for Indefinite Leave to Remain.
Applications for both extensions under the old Sole Representative rules and new Expansion Worker visas can be refused if the Home Office doubts the genuine need for the role, the credibility of the business plan, or the applicant’s ability to perform the role. Inadequate documentation remains a common ground for refusal.
Given the increased regulatory scrutiny and the higher stakes for businesses establishing a UK presence, many organisations choose to take professional advice before applying. This helps identify risks, ensures the right visa route is selected, and increases the chances of a successful outcome while reducing exposure to compliance failures.
DavidsonMorris Strategic Insight
Deploying talent to the UK will of course require careful planning, and the visa situation will be a deal breaker. Choose the right route based on assignment needs and worker eligibility, and build a comprehensive application. If opting for a sponsored work route, the compliance work will be demanding and you should prepare for the Home Office to be extremely thorough in its assessments.
Section G: Summary
The closure of the Sole Representative visa and its replacement by the UK Expansion Worker route have fundamentally changed how overseas companies set up operations in the UK. Under the old system, a trusted senior employee could enter the UK without sponsorship to establish a branch or subsidiary, with a direct path to settlement after five years. Today, businesses must secure a sponsor licence, issue a Certificate of Sponsorship, and comply with strict Home Office rules to send an employee under the UK Expansion Worker visa.
For employers, the most significant change is the introduction of sponsorship compliance. Record-keeping, right to work checks, and timely reporting are now mandatory, with failures exposing businesses to penalties and licence loss. Costs are also higher, with licence fees, visa charges, and related compliance expenses adding to the burden of market entry. For employees, the main issue is settlement planning, since the UK Expansion Worker visa does not provide a direct path to Indefinite Leave to Remain. Careful strategy is needed to move into a long-term route such as Skilled Worker.
Overall, the shift demands greater planning, investment, and compliance management, making professional advice increasingly important to avoid errors and ensure long-term success.
Section H: Need Assistance?
DavidsonMorris are specialist advisers, helping companies and individuals meet their mobility needs across all areas of UK business immigration.
Whatever your plans in the UK, if you are looking to set up a new business, invest in an existing enterprise or hire skilled talent from overseas, we can help, advising on the most appropriate entry routes and supporting with the application process.
Our legal experts are highly experienced in all areas of UK business immigration. For advice and guidance on your specific requirements, please get in touch.
Section I: FAQs on the Sole Representative visa
Is the Sole Representative visa still open?
The Sole Representative visa closed to new applicants on 11 April 2022. Only existing visa holders and media representatives can use this route today.
Can I extend my Sole Representative visa?
If you were granted a Sole Representative visa before the closure, you can apply to extend it for two years, provided you continue to meet the eligibility criteria.
Can dependants still apply under this route?
Dependants of existing visa holders can still apply to join or extend their stay in the UK, but their permission will be tied to the main applicant’s visa expiry.
Does the UK Expansion Worker visa lead to settlement?
The UK Expansion Worker visa is a temporary route with no direct path to Indefinite Leave to Remain. Applicants must switch into a settlement route, such as Skilled Worker, if eligible.
What is the alternative for media workers?
Employees of overseas newspapers, news agencies, and broadcasters can still apply under the Representative of an Overseas Business route for media assignments in the UK.
Can Sole Representatives apply for ILR?
Sole Representatives who have completed five years of continuous residence and meet the settlement criteria, including the English language and Life in the UK requirements, can apply for ILR.
Section J: Glossary of key terms
| Term | Definition |
|---|---|
| Sole Representative visa | A visa route (now closed) allowing a senior employee of an overseas company to establish its first UK branch or subsidiary. |
| Global Business Mobility (GBM) | A set of visa routes introduced in April 2022 for overseas businesses sending workers to the UK, including the UK Expansion Worker visa. |
| UK Expansion Worker visa | The successor route for overseas companies establishing a UK presence, requiring a sponsor licence and Certificate of Sponsorship. |
| Indefinite Leave to Remain (ILR) | Settlement status that allows an individual to live and work in the UK without time restrictions. |
| Sponsor licence | Home Office authorisation required by UK businesses to sponsor migrant workers under most current work visa routes. |
| Certificate of Sponsorship (CoS) | An electronic work authorisation document assigned by a licensed sponsor to support a worker’s visa application. |
| Representative of an Overseas Business visa (media) | A route still open for employees of overseas newspapers, news agencies, and broadcasters posted on long-term UK assignments. |
Section K: Additional Resources and Links
| Resource | Description | URL |
|---|---|---|
| UK Government – Representative of an Overseas Business | Official government page providing details on the closed Sole Representative route and extension/ILR provisions. | https://www.gov.uk/representative-overseas-business |
| UK Government – UK Expansion Worker visa | Comprehensive information on the UK Expansion Worker visa as the main alternative to the Sole Representative visa. | https://www.gov.uk/uk-expansion-worker-visa |
| UK Government – Global Business Mobility routes | Overview of the Global Business Mobility routes introduced in April 2022, including Expansion Worker and other subcategories. | https://www.gov.uk/global-business-mobility |
| UK Government – Indefinite Leave to Remain | Official Home Office guidance on ILR, including requirements, continuous residence rules, and application process. | https://www.gov.uk/indefinite-leave-to-remain |
| UKVCAS – UK Visa and Citizenship Application Services | Information on booking and attending biometric appointments required for visa and extension applications. | https://www.gov.uk/ukvcas |
