Applying for Indefinite
Leave to Remain
on a sole representative visa
30 September 2019
We have covered it all so far in our sole representative visa series, from what this visa category is and what it can do for your overseas business, to how to select your sole representative visa candidate, whether they can bring their family with them to the UK and how they can extend their visa if your sole rep needs to remain in the UK for a period longer than their visa’s initial duration.
Last but not least, we turn our attention to the highly sought-after immigration status of Indefinite Leave to Remain (ILR).
As the representative of an overseas business in the UK, you have the right to apply for Indefinite Leave to Remain. This immigration status (also known as settlement or permanent residency) entitles the holder to remain in the UK for an unlimited amount of time and grants them the freedom to take up employment or study without restriction.
ILR is the penultimate step in a migrant’s journey towards achieving British citizenship, and as such it is an extremely desirable immigration status.
As always, there is a list of criteria to which you must first adhere before you will be considered as eligible to apply.
To apply for ILR, you must first:
- spend a continuous period of five years in the UK as a representative of an overseas business, during which time you have continuously met the requirements for a Representative of an Overseas Business visa;
- prove that should you be successful in your ILR application, you intend to continue in the job for which you were first granted leave to enter the UK;
- have maintained yourself and any dependants in the UK without recourse to public funds at any point throughout the five years;
- be able to prove that you have established a UK registered branch or subsidiary of that overseas business and generated business as a result;
- be able to prove that your employer is still actively trading and based overseas; and
- have permission to stay in the UK as a sole representative at the time of submitting your ILR application.
Once you have satisfied the above criteria, you will then need to begin the application process, including taking and passing the Life in the UK Test.
If you are in the UK as a sole representative and are thinking of applying for Indefinite Leave to Remain, contact our specialist team of UK immigration consultants and make sure that your application has the best chance of success.
Read more of our sole rep articles: