SOLE REPRESENTATIVE VISA ILR

This guide is for existing Sole Representatives of an Overseas Business who are considering applying for indefinite leave to remain (ILR) in the UK. The Sole Representative route is now closed to new main applicants, but you may still be able to apply for settlement if you have, or last had, permission as a Sole Representative and meet the requirements of Appendix Representative of an Overseas Business.

1. What Is Sole Representative Visa ILR?

Indefinite leave to remain, or ILR, is how a person settles in the UK. It gives the right to live, work and study in the UK for as long as they like and to apply for benefits if eligible. ILR may also be used to apply for British citizenship. A Sole Representative may be eligible to apply for ILR after spending the last 5 years before the date of application in the UK with permission as a Representative of an Overseas Business.

Sole Representative ILR is not an application for a new Sole Representative visa. It is a settlement application for those who already hold, or last held, permission in the Representative of an Overseas Business route as a Sole Representative.

2. Sole Representative Visa ILR Requirements

In order to qualify for ILR as a Sole Representative, you will need to satisfy UK Visas and Immigration that you meet the validity, suitability and eligibility requirements for settlement as a Representative of an Overseas Business.  In particular, you must:

• have, or have last been granted, permission as a Representative of an Overseas Business;

• have completed the relevant five-year qualifying period in the UK with permission as a Representative of an Overseas Business;
• meet the continuous residence requirement in Appendix Continuous Residence;
• show that, throughout the qualifying period, the overseas business remained active and trading, with its headquarters and principal place of business outside the UK;
• show that, throughout the qualifying period, you were employed and working full-time for the overseas business, or its UK branch or subsidiary, and did not work for another business or engage in business of your own;
• demonstrate that your employer still requires you to work for them for the foreseeable future and that you will continue in the role for which your last period of permission was granted;
• show that, throughout the qualifying period, you did not hold a majority stake in, or otherwise own or control a majority of, the overseas business;
• demonstrate that you established and then supervised the registered UK branch or wholly-owned subsidiary, and that it has actively traded in the same type of business as the overseas business;
• meet the English language requirement, unless exempt; and
• meet the Knowledge of Life in the UK requirement, unless exempt.

You must also satisfy various suitability requirements. This includes not falling for refusal under Part Suitability, not being in breach of immigration laws unless a relevant exception applies, and not being on immigration bail.

The exact requirements that you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.

3. Five-Year Qualifying Period for Sole Representative Visa ILR

After spending five years in the UK with permission as a Representative of an Overseas Business, you may be eligible to apply for settlement. Time spent with permission under another immigration route cannot be counted towards the five-year qualifying period.

You must also have, or have last been granted, permission as a Representative of an Overseas Business. 

4. When Should a Sole Representative Apply for Settlement?

To qualify for settlement, you must complete the relevant five-year qualifying period with permission as a Representative of an Overseas Business. Identifying the correct date requires careful consideration of your immigration history, including the dates on which qualifying permission was granted and any subsequent extensions.

Home Office guidance states that the qualifying period should be calculated by counting backwards from the date of application, any date up to 28 days after the date of application, or the date of decision, whichever is most beneficial to the applicant. In practice, this means that an application may normally be submitted up to 28 days before the five-year qualifying period is completed.

You should not assume that an application submitted more than 28 days early will succeed. Although Home Office guidance also permits the date of decision to be used, the timing of a decision cannot be guaranteed. An application may be refused if the qualifying period has not been completed when the requirement is assessed.

5. Continuous Residence for Sole Representative ILR

You will also need to meet the continuous residence requirement. This means, subject to any applicable exceptions, that you must not have been outside the UK for more than 180 days in any 12-month period during the relevant qualifying period.

You should check your absences carefully before applying. Business travel, holidays and other overseas travel can all be relevant to the continuous residence calculation.

6. How to Calculate Absences for Sole Representative Visa ILR

You should prepare a complete schedule of all travel outside the UK during the relevant qualifying period before submitting your application. The schedule should include every absence, whether for business travel, annual leave or any other reason.

You should then calculate your absences across the relevant 12-month periods in accordance with Appendix Continuous Residence. It is sensible to cross-check the travel schedule against passport stamps, flight or other booking confirmations, employer travel records and any other reliable evidence to ensure that departure and return dates are accurate.

Where the calculations suggest that the permitted absence limit may have been exceeded, you should consider carefully whether any of the exceptions in Appendix Continuous Residence may apply. If there is any uncertainty about how your absences should be calculated or whether an exception is available, it is generally advisable to seek legal advice before making a settlement application.

7. Work and Overseas Business Requirements for Sole Representative ILR

Throughout the 5-year qualifying period, the overseas business that you represent must have been active and trading, with its headquarters and principal place of business remaining outside the UK.

You must also show that, throughout this period, you have been employed and working full-time for the overseas business that you represent, or for that business’s UK branch or subsidiary, and that you have not undertaken work for any other business or engaged in business of your own.

Your employer must still require you to work for them. You must provide evidence of salary paid by your employer in the 12 months immediately before the date of application, details of your remuneration package, and a letter from your employer confirming that they still require you to work for them and that you will be required for the foreseeable future.

8. Can a Sole Representative Change Role or Duties Before Applying for ILR?

A change in your job title, seniority, duties or remuneration does not necessarily prevent you from qualifying for settlement. However, you must remain in qualifying full-time employment and be required by your employer to continue in the role for which your last period of permission was granted.

You must also continue to supervise the UK branch or wholly-owned subsidiary. A change that is administrative or reflects the development of the UK operation may be less significant than a material alteration to your responsibilities, reporting lines or position within the business. A substantial change may raise questions as to whether you remain in the role for which permission was granted.

Any material change to your title, duties, seniority, salary or remuneration package should be explained clearly and supported by appropriate documentary evidence. The evidence should demonstrate that you have continued to meet the relevant employment and business requirements throughout the qualifying period.

9. UK Branch or Wholly-Owned Subsidiary Requirement

As a Sole Representative applying for ILR, you must also show that throughout the 5-year qualifying period you established and then supervised the registered branch or wholly-owned subsidiary of the overseas business in the UK, and that the branch or subsidiary was actively trading in the same type of business as the overseas business.

You will need to provide evidence about the UK business. For a Sole Representative ILR application, the specified evidence includes evidence of business generated principally with firms in the UK on behalf of the overseas employer since the last grant of permission, in the form of accounts, copies of invoices or letters from businesses with whom you have done business, including the value of transactions.

You must also provide either a copy of the share register or a letter from the overseas business’s accountant confirming that the UK business is wholly owned by the overseas business, together with a letter from your employer confirming that you have supervised the UK branch or subsidiary since your last grant of permission.

10. Can Sole Representatives Be Shareholders When Applying for Settlement?

The Immigration Rules do not prevent a Sole Representative from holding shares in the overseas business. However, for settlement, you must show that throughout the 5-year qualifying period you did not have a majority stake in, or otherwise own or control a majority of, the overseas business you represent, whether by shareholding, partnership agreement, sole proprietorship or any other arrangement.

This requirement goes beyond share ownership. Even where you do not own more than 50% of the shares, the Home Office may still consider whether you otherwise owned or controlled a majority of the overseas business.

For further information regarding the ownership and control requirement for Sole Representative ILR, you may wish to speak to an immigration lawyer.

11. How the Home Office Assesses Ownership and Control

The Home Office will distinguish between authority over the UK branch or subsidiary and ownership or control of the overseas business. A Sole Representative is expected to have authority to take operational decisions in the UK and to retain responsibility for supervising the UK operation. This does not, by itself, amount to prohibited majority control of the overseas business.

When assessing ownership and control of the overseas business, the Home Office may consider share ownership, voting rights, partnership or governance arrangements and any financial or contractual arrangement under which the applicant may effectively own or control a majority of the business.

The assessment is fact-sensitive and will depend on the evidence as a whole. You should ensure that company records, shareholder information, constitutional documents, employer letters and other supporting evidence present a consistent picture of the ownership and management arrangements throughout the qualifying period.

12. English Language and Life in the UK Requirements

Unless an exemption applies, you will need to meet the English language requirement and the Knowledge of Life in the UK requirement.

For a Representative of an Overseas Business settlement application made before 26 March 2027, the English language requirement is speaking and listening at CEFR level B1. For an application made on or after 26 March 2027, the English language requirement is speaking and listening at CEFR level B2.

The English language requirement is met in accordance with Appendix English Language. Exemptions include, among others, applicants aged 65 or over and applicants with a physical or mental condition which prevents them from meeting the requirement.

You will also need to meet the Knowledge of Life in the UK requirement. Appendix KOL UK applies to settlement applications under Appendix Representative of an Overseas Business. Exemptions include, among others, applicants aged 65 or over and applicants with a physical or mental condition which prevents them from meeting the requirement.

13. How to Apply for Sole Representative Visa ILR

You must apply for Sole Representative ILR from within the UK using the online form SET(O). Before submitting the application, you should check that you have completed, or are within the permitted period before completing, the relevant qualifying period and that you meet all of the settlement requirements under Appendix Representative of an Overseas Business.

As part of the application process, you will need to:

• complete the online application form;
• pay the application fee;
• provide your passport or other valid travel document;
• submit the required supporting evidence; and
• provide your biometric information when required.

Supporting documents may be uploaded through the online service or provided in the manner specified during the application process. You will be told whether you need to attend an appointment to provide your fingerprints and photograph and to submit any supporting documents that have not already been uploaded.

You should ensure that the information given in the application form is consistent with your immigration, employment, salary, tax and company records. Any material changes or apparent inconsistencies should be explained clearly and supported by appropriate evidence.

The Home Office may request further information, verify documents or invite you to an interview before reaching a decision. You must not travel outside the Common Travel Area while your application is pending. If you leave the Common Travel Area before a decision has been made, your application will be treated as withdrawn.

The precise application process and evidence required will depend on your circumstances and the Immigration Rules and Home Office guidance in force at the date of application.

14. Documents Required for a Sole Representative Visa ILR Application

The documents required for a Sole Representative ILR application will depend on the facts of the case. However, you should expect to provide evidence addressing each of the settlement requirements.

In particular, you will need evidence that:

• you have completed the relevant five-year qualifying period in the UK with permission as a Representative of an Overseas Business;
• you meet the continuous residence requirement;
• the overseas business has remained active and trading, with its headquarters and principal place of business outside the UK;
• you have worked full-time for the overseas business, or its UK branch or subsidiary, and have not worked for any other business or engaged in business of your own;
• you have not had a majority stake in, or otherwise owned or controlled a majority of, the overseas business throughout the qualifying period;
• you established and supervised the registered UK branch or wholly-owned subsidiary, and that business has actively traded in the same type of business as the overseas business;
• your employer still requires you to work for them for the foreseeable future and to continue in the role for which your last period of permission was granted;
• you meet the English language and Knowledge of Life in the UK requirements, unless exempt.

Advice from an immigration lawyer can assist in ensuring that the application is professionally presented and technically correct.

15. Sole Representative Visa ILR Evidence Checklist

The precise documents required will depend on your individual circumstances and the requirements of the Immigration Rules and current Home Office guidance. However, you should generally ensure that you have evidence covering the following matters before submitting a settlement application:

Preparing supporting evidence at an early stage can help identify any gaps before an application is submitted and reduce the risk of avoidable delays or requests for further information.

16. Common Evidential Weaknesses in Sole Representative ILR Applications

Many settlement applications are delayed or encounter difficulties because the supporting evidence does not clearly demonstrate that the Immigration Rules have been met throughout the qualifying period. Common evidential weaknesses include:

• incomplete evidence that the overseas business remained active and trading, or that its headquarters and principal place of business remained outside the UK;
• limited or inconsistent evidence demonstrating that the UK branch or wholly-owned subsidiary continued to trade in the same type of business;
• employer letters that are generic and do not address the specific requirements of the Immigration Rules;
• inconsistencies between salary records, tax records, company documents and the information provided in the application;
• insufficient evidence demonstrating that the applicant has not held a majority stake in, or otherwise owned or controlled a majority of, the overseas business; and
• unexplained gaps in travel records, employment history or supporting documentation.

These issues do not necessarily mean that your application will be refused. However, you should review your evidence carefully before applying and, where necessary, provide additional documentation or explanations to address any apparent gaps or inconsistencies.

17. Dependants Applying for Settlement

A partner or child on the Representative of an Overseas Business route may also be able to apply for settlement where they meet the relevant requirements.

Eligible dependants do not necessarily have to apply for settlement at the same time as the main applicant. Unlike the main applicant, a dependent partner or child is not required to complete a separate qualifying period of continuous residence before applying for settlement under this route.

A dependant must nevertheless satisfy the relevant validity, suitability and relationship requirements. A partner must meet the requirements of Appendix Relationship with Partner. A child must meet the applicable requirements of Appendix Children, including the care, age and independent-life requirements. A dependent aged 18 or over must also meet the applicable English language and Knowledge of Life in the UK requirements unless exempt.

Where the main applicant has already settled or become a British citizen, the dependent must ordinarily have held permission as their partner or child when the main applicant settled. An exception applies to a qualifying child born in the UK before the main applicant settled. The dependent must also generally have last been granted permission as the partner or child of the relevant person, subject to the exception for a child born in the UK.

A dependant who is not yet able to satisfy the relevant settlement requirements may need to apply for further temporary permission. Each family member’s immigration history and eligibility should therefore be considered separately before applications are submitted.

18. Sole Representative Visa ILR Fees and Costs

The current Home Office fee for ILR as a representative of an overseas business is £3,226 for each person applying.

19. Sole Representative Visa ILR Processing Times

Applicants will usually receive a decision within 6 months. You may be contacted if the application is complex and will take longer, for example because supporting documents need to be verified, you need to attend an interview or there are personal circumstances such as a criminal conviction.

20. What Happens After Settlement Is Granted?

Once granted, indefinite leave to remain removes the time limit on your permission to stay in the UK. You may live and work in the UK without needing to make further applications for permission under the Representative of an Overseas Business route.

Settlement can be lost in certain circumstances. In particular, indefinite leave to remain will normally lapse if you remain outside the UK, Ireland and the Crown Dependencies for a continuous period of more than two years. A Returning Resident application may be available where the relevant requirements are met. If you expect to spend lengthy periods overseas, you should therefore take advice before leaving.

After obtaining settlement, you may also become eligible to apply for British citizenship by naturalisation if you satisfy the separate statutory requirements, including those relating to residence, good character and, where applicable, the period that has elapsed since settlement was granted.

Evidence of your immigration status is now generally provided through an eVisa, which can be accessed through a UK Visas and Immigration account and used to prove your right to work, rent and travel. You should ensure that your UKVI account and linked travel document details are kept up to date.

21. What Happens if a Sole Representative ILR Application Is Refused?

If the Home Office is not satisfied that the requirements for ILR are met, the application may be refused. Possible issues include failure to meet the qualifying-period or continuous-residence requirements, insufficient evidence of the overseas business or UK operation, failure to meet the employment requirements, majority ownership or control of the overseas business, or failure to meet the English language or Knowledge of Life in the UK requirements.

A refusal of a standard Sole Representative ILR application does not normally carry a right of appeal. However, you may apply for Administrative Review if you consider that the Home Office made a caseworking error when considering your application.

22. Frequently Asked Questions: Sole Representative Visa ILR