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English Language Requirement for Spouse Visas Excessive Absences in an Application for Naturalisation Good Character Requirement in Citizenship Applications Court of Justice rules on source of income for Derivative Residence applications UK Sole Representative Visa Success Stories Sole Representative Visa: The Centre of Operations Test Can a sole representative bring family members to the UK? Terms of employment as a sole representative Choosing a sole representative of overseas business visa candidate What can I do (and not do) as a sole representative?

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English Language Requirement for Spouse Visas
By Caspar Latham

The English language requirement for partner and parent visas was introduced on 29 November 2010 by then Home Secretary Theresa May, who stated at the time that ‘the new English requirement for spouses will help promote integration, remove cultural barriers and...

 protect public services’. This requirement is equally relevant for partner and parent visa applications. What is the English language requirement? The English language requirement can be met in three possible ways, outlined in E-ECP.4.1 of Appendix FM...

Excessive Absences in an Application for Naturalisation
By Alexandra Pease

The British Nationality Act (BNA 1981) allows individuals to naturalise under either section 6(1) or 6(2) of the Act.  Section 6(2) applies where an individual is married to a British citizen.  An Applicant will need to demonstrate their commitment and future...

 intentions to have their principal home in the UK before they can naturalise as a British citizen.  They will also need to satisfy an absence requirement. Guidance The Nationality policy: Naturalisation as a British citizen by discretion Version 4.0,...

Good Character Requirement in Citizenship Applications
By Alexandra Pease

The British Nationality Act (BNA 1981) contains a good character requirement, which applies to certain applications for registration and naturalisation for those over 10 years old at the date of application.   The good character requirement previously only applied...

 for naturalisation applications, but in 2010 this was extended to other routes to citizenship. Definition of Good Character The BNA 1981 does not provide a definition of good character, and therefore each application must be considered individually,...

Court of Justice rules on source of income for Derivative Residence applications
By Dr. Catherine Taroni

On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency.  In a Chen (C-200/02) Derivative...

 Residence application, an applicant can derive a right of residence where they are the primary carer of an EEA national child, who resides in the UK as a self-sufficient person and would be unable to remain in the UK if the applicant were to leave...

UK Sole Representative Visa Success Stories
By Richmond Chambers

Richmond Chambers is one of the UK’s leading immigration practices for UK Sole Representative of Overseas Business Visa applicants.  Our immigration barristers work closely with senior employees of overseas businesses who wish to set up a branch or subsidiary...

 of their parent company in the UK via the UK Sole Representative visa route.  We guide overseas businesses through the complex Home Office rules and policies and assist them expand into the UK. Read about some of our UK Sole Representative of Overseas...

Sole Representative Visa: The Centre of Operations Test
By Paul Richmond

For a parent company to satisfy the requirements of the representative of an overseas business visa category it must be a genuine commercial enterprise with its principal place of business outside the UK.  Importantly, it must also intend to keeps its main centre...

 of operations abroad. In this post we look at the requirement for the business to remain centred abroad.  Where is the centre of operations test set out? What does the Home Office look for when assessing whether the test is met?  And what evidence does...

Can a sole representative bring family members to the UK?
By Zoe Bantleman

Yes, if you are applying for a sole representative of an overseas business visa, you can be joined or accompanied by your dependant family members.   What family members can a sole representative bring to the UK? A sole representative of an overseas business...

 may bring, or be joined by, their: spouse, civil partner, unmarried or same-sex partner, and dependent children. Unfortunately, like most other categories of the Immigration Rules, sole representatives cannot bring their parents, siblings or other...

Terms of employment as a sole representative
By Paul Richmond

In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.   When...

 assessing the work arrangements of a sole representative of an overseas business visa applicant, UK Visas & Immigration will consider 3 main factors: Level of authority Working hours Salary and benefits Level of authority for a sole representative A...

Choosing a sole representative of overseas business visa candidate
By Dr. Catherine Taroni

Choosing a sole representative of your overseas business is important.  The applicant must have the relevant skills, experience and status to represent your business in the UK on your behalf. Work for the company and decision-making power The sole representative...

 candidate must have been recruited outside the United Kingdom and must join the parent company abroad. The candidate is likely to be someone who has been employed by the parent company for some time and to hold a senior position there, although lengthy...

What can I do (and not do) as a sole representative?
By Gillian McCall

The Sole Representative of an Overseas Business Visa is a category which is intended to be used by senior employees of companies which are based abroad and are seeking to establish a branch or subsidiary in the UK. As with all categories of the immigration rules,...

 there are some conditions on stay for Sole Representatives. Sole Representative Visa Conditions These conditions include: no recourse to public funds; registration with the police; no employment other than working for the business which the applicant...

How to extend your sole representative of an overseas business visa
By Zoe Bantleman

If you are reading this, and you are a sole representative looking to extend, you will likely already have met the first criteria by entering the UK with valid UK entry clearance as a sole representative of an overseas business. Your next question should be, “How...

 do I make sure that I am ready to extend in 3 years’ time?” The Overseas Business must continue to… Have its headquarters and principal place of business outside the UK; the UK business can flourish and perhaps overshadow the parent company,...

Can Sole Representatives Be Shareholders?
By Richmond Chambers

The Immigration Rules require that an applicant for a sole representative visa is not “a majority shareholder in the overseas business”. What is a majority shareholder? The Home Office guidance states that they will refuse applications where an applicant’s...

 shareholding is more than 50% of the available shares. This means an applicant can still be the largest shareholder, providing they do not own more than 50%. My business doesn’t have shares If your business does not have shares, then there are no...
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