A representative of an overseas business visa allows you to settle in the UK, bring your spouse and children along with you. This settlement is permitted only after 5 years of continuous stay in the UK as a sole representative. There are essentially three requirements to be fulfilled for seeking settlement in the UK on a sole representative visa UK.
Validity for the application
Validity requirements means making a valid application online through the government portal and correctly filing the application form SET(O).
When your application reaches the Home Office the first thing being checked is whether the applicant has paid the required fee, the biometric scanning is done or not, the applicant has furnished valid identity papers to prove the nationality of the person. Another important aspect for settlement is you must have been granted a sole rep visa UK at least once before.
Conditions to establish suitability for the application
The foremost condition for application suitability is to never break any UK law or related offenses or never come to terms with immigration bail.
If your behaviour is found to be conducive to public health, your application is bound to be rejected.
Eligibility for the application
The eligibility for the application can further be determined by the following parameters.
1. Fulfilling the qualifying period criteria
It says that an applicant must have been residing in the UK for at least 5 years as an overseas business representative before making the application for settlement.
2. Fulfilling the continuous residency criteria
The continuous residence means that the applicant must have legally resided in the United Kingdom for five years.
Your absence from the United Kingdom must not be more than 180 days in the last 12 months or 1 year’s time.
3. Fulfilling the work criteria for representatives
As a part of fulfilling the work requirements, the applicant must be already employed by the parent company, the applicant must be getting salary on time and the parent company must retain him/her for future employment.
4. Fulfilling the English language criteria
The English language proficiency is a must for settlement applications in the UK. The applicant must have B1 level of proficiency in speaking and listening as per CEFR UK.
5. Knowledge of the UK criteria
Each applicant must have knowledge of Life in the UK as a mandatory requirement for settlement applications as a sole representative. It means the applicant must have passed the Life in the UK test.
Decision on the application
In the event that the Home Office is satisfied that all the reasonableness and pertinent qualification necessities are met for settlement by a Representative of an Overseas Business, the candidate will be conceded settlement, in other case the application will be declined.
In the event that the application is denied, an individual can apply for an Administrative Review under Appendix AR.
The application for settlement can take up to 6 months starting from the date of application received.
The application confirmation or rejection will be shared with the person over the email from the Home Office.
Need legal assistance?
Application for settlement is no easy task. It requires your continuous efforts, follow ups and promptly sharing any information asked by the Home Office.
But this could easily daunt you if you do not have enough information assistance or guidance with you.
You must seek legal assistance from A Y & J Solicitors who are the leading immigration Solicitors in London. They have been the sole representative visa specialists for over many years.
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