Immigration Rules Appendix Representative of an Overseas Business

Immigration Rules for Representative of an Overseas Business

A person applying as a Representative of an Overseas Business must either be a Media Representative or applying for an extension or settlement as a Sole Representative.

A Media Representative is an employee of an overseas media organisation posted to the United Kingdom on a long-term assignment.

A Sole Representative is a senior employee of an overseas business who is assigned to the United Kingdom for the purpose of establishing a branch or subsidiary.

A dependent partner and dependent children can apply under this route.

Representative of an Overseas Business is a route to settlement.

Sole Representatives can no longer apply for an initial period of permission in the Representative of an Overseas Business route. Overseas businesses wishing to establish a UK branch or subsidiary may be able to send workers on the Global Business Mobility - UK Expansion Worker route.

Validity requirements for a Representative of an Overseas Business

ROB 1.1. A person applying for entry clearance or permission to stay as a Representative of an Overseas Business must apply online on gov.uk on the specified form as follows:
1. (a) for entry clearance, form “Other work” on the “Find and apply for other visas from outside the UK” form; or
2. (b) for permission to stay, form “Application to extend stay in the UK: FLR(IR)”.

ROB 1.2. An application for entry clearance or permission to stay as the Representative of an Overseas Business must meet all the following requirements:
1. (a) any fee and Immigration Health Charge must have been paid; and
2. (b) the applicant must have provided any required biometrics; and
3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality.

ROB 1.3. The applicant must be aged 18 or over on the date of application.

ROB 1.4. If the applicant has, in the last 12 months before the date of application, received an award from a Government or international scholarship agency covering both fees and living costs for study in the UK, they must provide written consent to the application from that Government or agency.

ROB 1.5. An applicant who is applying for permission to stay must be in the UK on the date of application and must not have, or have last been granted, permission:
1. (a) as a Visitor; or
2. (b) as a Short-term Student; or
3. (c) as a Parent of a Child Student; or
4. (d) as a Seasonal Worker; or
5. (e) as a Domestic Worker in a Private Household; or
6. (f) outside the Immigration Rules.

ROB 1.5A. An applicant who is applying for permission to stay and has, or last had, permission as a Student, must fulfil one of the Conditions A or B below on the date of application:
1. (a) Condition A: the applicant must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned (or a course to which ST 27.3 of Appendix Student applies); or
2. (b) Condition B: the applicant must:
  1. (i) be studying a full-time course of study leading to the award of a PhD with a higher education provider which has a track record of compliance; and
  2. (ii) have completed at least 24 months of study on that course.

ROB 1.6. An application which does not meet all the validity requirements for a Representative of an Overseas Business may be rejected as invalid and not considered.

Suitability requirements for a Representative of an Overseas Business

ROB 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

ROB 2.2. If applying for permission to stay the applicant must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail.

Eligibility requirements for Representative of an Overseas Business

Entry requirements for Representative of an Overseas Business

ROB 3.1. A person seeking to come to the UK as a Representative of an Overseas Business must have applied for and obtained entry clearance as a Representative of an Overseas Business before their arrival in the UK.

ROB 3.2. A person applying for entry clearance as a Representative of an Overseas Business must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

Work requirement for Representative of an Overseas Business

ROB 4.1. The overseas business or media organisation that the applicant represents must be active and trading outside the UK, with its headquarters and principal place of business remaining outside the UK.

ROB 4.2. The applicant must have been recruited and taken on as an employee outside the UK by the business they will represent.

ROB 4.3. The applicant must intend to work full-time as the representative of the overseas business or media organisation and must not intend to undertake work for any other business or engage in business of their own.

ROB 4.4. An applicant must be either:
1. (a) a Sole Representative who already has, or was last granted, permission as a Sole Representative and is a senior employee of an overseas business, who is assigned to the UK to establish and supervise a branch or subsidiary of an overseas business, where that branch or subsidiary will actively trade in the same type of business as the overseas business; or
2. (b) a Media Representative who is posted on a long-term assignment to the UK on behalf of a newspaper, news agency or broadcasting organisation.

Genuineness requirement for the Representative of an Overseas Business

ROB 5.1. The decision maker must be satisfied that the applicant is a genuine Representative of an Overseas Business.

ROB 5.2. The decision maker must not have reasonable grounds to believe the business is being established in the UK by the overseas business, or the applicant has been appointed as a representative of the overseas business or media organisation, mainly so the applicant can apply for entry clearance or permission to stay.

English language requirement for a Representative of an Overseas Business

ROB 6.1. The applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening of at least level A1.

ROB 6.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.

Financial requirement for a Representative of an Overseas Business

ROB 7.1. The decision maker must be satisfied that the applicant can, and will, adequately maintain and accommodate themselves, and any dependants in the UK, without access to public funds.

ROB 7.2. Funds must be shown as specified in Appendix Finance.

Additional business requirements for a Sole Representative on the Representative of an Overseas Business route

ROB 8.1. Where the applicant is applying as a Sole Representative on the Representative of an Overseas Business route, the applicant must meet the additional business requirements set out in ROB 8.2. to ROB 8.6.

ROB 8.2. The applicant must be a senior employee of the overseas business with the skills, experience and knowledge of the business necessary to undertake the role, with full authority to negotiate and take operational decisions on behalf of the overseas business.

ROB 8.3. The applicant must not have a majority stake in, or otherwise own or control a majority of the overseas business they represent, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement.

ROB 8.4. DELETED.

ROB 8.5. DELETED.

ROB 8.6. The applicant must meet all the following requirements:
1. (a) the applicant must have established the registered branch or wholly-owned subsidiary of the overseas business for which they were last granted permission under this route; and
2. (b) the applicant must be engaged in full time employment and must supervise the registered branch or wholly-owned subsidiary which they have established, and must be required by their employer to continue in that role; and
3. (c) the applicant must provide all of the following:
  1. (i) evidence of business that has been generated, principally with firms in the UK, on behalf of their employer since their last grant of permission, in the form of accounts, copies of invoices or letters from businesses with whom the applicant has done business, including the value of transactions; and
  2. (ii) a Companies House certificate of registration as a UK establishment (for a branch), or a certificate of incorporation (for a subsidiary), together with 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; and
  3. (iii) a letter from the applicant’s employer confirming that the applicant supervises the UK branch or subsidiary and is required to continue in that employment; and
  4. (iv) evidence of salary paid by the employer in the 12 months immediately before the date of application and details of the remuneration package the employee receives.

Additional business requirements for a Media Representative on the Representative of an Overseas Business route

ROB 9.1. Where the applicant is applying as a Media Representative on the Representative of Overseas Business route, the applicant must meet the additional business requirements in ROB 9.2. and ROB 9.3.

ROB 9.2. The applicant must be an employee of an overseas newspaper, news agency or broadcasting organisation undertaking a long-term assignment as a representative of their overseas employer.

ROB 9.3. Where the applicant is applying for permission to stay and has, or was last granted, permission as a Media Representative, the applicant must meet all the following:
1. (a) the applicant must be engaged in full time employment for which their last period of permission was granted and be required by their employer to continue in that role; and
2. (b) the applicant must provide the following:
  1. (i) a letter from the applicant’s employer confirming that the applicant is required to continue in their employment; and
  2. (ii) evidence of the applicant’s salary paid in the 12 months immediately before the date of application and details of the remuneration package the employee receives.

Decision on application as Representative of an Overseas Business

ROB 10.1. If the decision maker is satisfied that all the suitability and relevant eligibility requirements are met as a Representative of an Overseas Business the application will be granted, otherwise the application will be refused.

ROB 10.2. If the application is refused, a person can apply for an Administrative Review under Appendix AR: Administrative Review.

Period and conditions of grant.

ROB 11.1. If the applicant is applying for entry clearance as a Media Representative under the Representative of an Overseas Business route or is applying for permission to stay as a Media Representative and does not have, or did not last have, permission on the Representative of an Overseas Business route they will be granted permission for a period not exceeding 3 years.

ROB 11.2. If the applicant has or last had, permission under the Representative of an Overseas Business route, they will be granted permission for a period not exceeding 2 years.

ROB 11.3. The grant will be subject to all the following conditions:
1. (a) no access to public funds; and
2. (b) no work permitted other than working for the overseas business which the applicant represents; and
3. (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
4. (d) DELETED

Settlement as a Representative of an Overseas Business Route

Validity requirements for Settlement by a Representative of an Overseas Business

ROB 12.1. A person applying for settlement as a Representative of an Overseas Business must apply online on the gov.uk website on the specified form, “Settle in the UK in various immigration categories: form SET(O)”.

ROB 12.2. An application for settlement as a Representative of an Overseas Business must meet all the following requirements:
1. (a) any fee must have been paid; and
2. (b) the applicant must have provided any required biometrics; and
3. (c) the applicant must have provided a valid passport or other travel document which satisfactorily establishes their identity and nationality.

ROB 12.3. The applicant must be in the UK and have, or have last been granted, permission as a Representative of an Overseas Business.

ROB 12.4. An application which does not meet the validity requirements for settlement as a Representative of an Overseas Business may be rejected as invalid and not considered.

Suitability requirements for settlement by a Representative of an Overseas Business

ROB 13.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

ROB 13.2. The applicant must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail.

Eligibility requirements for settlement by a Representative of an Overseas Business

Qualifying period requirement for settlement by a Representative of an Overseas Business

ROB 14.1. The applicant must have spent the last 5 years before the date of application in the UK with permission as a Representative of an Overseas Business.

Continuous residence requirement for settlement by a Representative of an Overseas Business

ROB 15.1. The applicant must meet the continuous resident requirement in Appendix Continuous Residence during the period in ROB 14.1.

Work requirement for settlement by a Representative of an Overseas Business

ROB 16.1. Throughout the period in ROB 14.1:
1. (a) the overseas business or media organisation that the applicant represents must have been active and trading with its headquarters and principal place of business remaining outside the UK; and
2. (b) the applicant must have been employed and working fulltime for the overseas business or media organisation they represent, or for that business’s UK branch or subsidiary, and
3. (c) the applicant must not have undertaken work for any other business or engaged in business of their own.
ROB 16.2. The applicant must provide:
1. (a) evidence of salary paid by their employer in the 12 months immediately before the date of application and details of the renumeration package the employee receives; and
2. (b) a letter from their employer confirming that they still require the applicant to work for them, and that the applicant will be required for the foreseeable future.

ROB 16.3. The applicant must be required by their employer to continue in the role for which their last period of permission was granted.

Additional business requirements for settlement by a Sole Representative on the Representative of an Overseas Business route

ROB 16A.1. Where the applicant has, or was last granted permission as a Sole Representative, the applicant must meet the additional business requirements set out in ROB 16A.2. and ROB 16A.3.

ROB 16A.2. Throughout the period in ROB 14.1, the applicant must have met the following requirements:
1. (a) they must not have had a majority stake in, or otherwise owned or controlled a majority of the overseas business they represent, whether that ownership or control was by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement; and
2. (b) the applicant must have established and then supervised the registered a branch or wholly owned subsidiary of the overseas business they represent in the UK, where that branch or subsidiary was actively trading in the same type of business as the overseas business.
ROB 16A.3. The applicant must provide all of the following:
1. (a) evidence of business that has been generated, principally with firms in the UK, on behalf of their employer since their last grant of permission, in the form of accounts, copies of invoices or letters from businesses with whom the applicant has done business, including the value of transactions; and
2. (b) 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; and
3. (c) a letter from the applicant’s employer confirming that the applicant has supervised the UK branch or subsidiary since the last grant of permission.

Additional business requirements for settlement by a Media Representative on the Representative of an Overseas Business route

ROB 16B.1. Where the applicant has, or was last granted, permission as a Media Representative, the applicant must meet the additional business requirements set out in ROB 16B.2.

ROB 16B.2. Throughout the period in ROB 14.1, the applicant must have met the following requirements:
1. (a) they must have been an employee of an overseas newspaper, news agency or broadcasting organisation undertaking a long-term assignment as a representative of their overseas employer; and
2. (b) the applicant must have been engaged in the employment for which their last period of permission was granted.

English language requirement for settlement by a Representative of an Overseas Business

ROB 17.1. Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1.

ROB 17.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.

Knowledge of life in the UK requirement for settlement by a Representative of an Overseas Business

ROB 18.1. The applicant must meet the Knowledge of Life in the UK requirement as specified in Appendix KOL UK.

Decision on an application for settlement as a Representative of an Overseas Business Route

ROB 19.1. If the decision maker is satisfied all the suitability and relevant eligibility requirements are met for settlement by a Representative of an Overseas Business, the applicant will be granted settlement, otherwise the application will be refused.

ROB 19.2. If the application is refused, a person can apply for an Administrative Review under Appendix AR: Administrative Review.

Dependants of Representatives of Overseas Businesses

Validity requirements for a dependent partner or dependent child of a Representative of an Overseas Business

ROB.20.1. A person applying for entry clearance or permission to stay as a partner or child on the Representative of an Overseas Business route must apply online on the gov.uk website on the specified form as follows:
1. (a) for entry clearance, “Join or accompany a family member” on the “Find and apply for other visas from outside the UK” form; or
2. (b) for permission to stay, “Application to extend stay in the UK: FLR(IR)”.

ROB 20.2. An application for entry clearance or permission to stay as a partner or child of a Representative of an Overseas Business must meet all the following requirements:
1. (a) any fee and Immigration Health Charge must have been paid; and
2. (b) the applicant must have provided any required biometrics; and
3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
4. (d) the applicant must be applying as partner or child of a person who:
  1. (i) has made a valid application for entry clearance or permission to stay on the Representative of an Overseas Business route that has not been decided; or
  2. (ii) has entry clearance or permission on the Representative of an Overseas Business route; or
  3. (iii)is settled or has become a British citizen, providing that person (P) had permission on the Representative of an Overseas Business route when they settled and the applicant either had permission as their partner or child at that time, or the applicant is applying as a child of P and the applicant was born in the UK before P settled.

ROB 20.3. A person applying as a dependent partner must be aged 18 or over on the date of application.

ROB 20.4. A person applying for permission to stay must be in the UK on the date of application and must not have, or have last been granted, permission:
1. (a) as a Visitor; or
2. (b) as a Short-term student; or
3. (c) as a Parent of a Child Student; or
4. (d) as a Seasonal worker; or
5. (e) as a Domestic worker in a private household: or
6. (f) outside the Immigration Rules.

ROB 20.4A. An applicant who is applying for permission to stay and has, or last had, permission as a Student, must fulfil one of the Conditions A or B below on the date of application:
1. (a) Condition A: the applicant must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned (or a course to which ST 27.3 of Appendix Student applies); or
2. (b) Condition B: the applicant must:
  1. (i) be studying a full-time course of study leading to the award of a PhD with a higher education provider which has a track record of compliance; and
  2. (ii) have completed at least 24 months of study on that course.

ROB 20.5. An application which does not meet all the validity requirements for a partner or child of a Representative of an Overseas Business may be rejected as invalid and not considered.

Suitability requirements for a partner or child on the Representative of an Overseas Business route

ROB 21.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

ROB 21.2. If applying for permission to stay the applicant must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail.

Eligibility requirements for a partner or child on the Representative of an Overseas Business route

Entry requirement for a partner or child on the Representative of an Overseas Business route

ROB 22.1. A person seeking to come to the UK as a partner or child must apply for and obtain an entry clearance as a partner or child before they arrive in the UK.

ROB 22.2. A person applying for entry clearance as the partner or child of a Representative of an Overseas Business must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

Relationship requirements for a partner of a Representative of an Overseas Business route

ROB 23.1. The applicant must be the partner of a person (P) and one of the following must apply:
1. (a) P has permission on the Representative of an Overseas Business route; or
2. (b) P is, at the same time, applying for (and is granted) permission on the Representative of an Overseas Business route; or
3. (c) P is settled or has become a British citizen, providing they had permission on a Representative of an Overseas Business route when they settled and the applicant had permission as their partner at that time.

ROB 23.2. The applicant must show that the relationship meets the relationship requirements as specified in Appendix Relationship with Partner.

ROB 23.3. DELETED

ROB 23.4. DELETED

Relationship requirement for a dependent child on the Representative of an Overseas Business route

ROB 24.1. DELETED.

ROB 24.2. DELETED.

Care requirement for a dependent child on the Representative of an Overseas Business route

ROB 25.1. DELETED.

Age requirement for a dependent child on the Representative of an Overseas Business route

ROB 26.1. DELETED.

ROB 26.2. DELETED.

Requirements for a dependent child on the Representative of an Overseas Business route

ROB 26A.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
1. (a) relationship requirement: entry clearance and permission to stay; and
2. (b) care requirement; and
3. (c) age and independent life requirement.

Financial requirement for a partner or child on the Representative of an Overseas Business route

ROB 27.1. The decision maker must be satisfied that the applicant or the Representative of an Overseas Business can and will adequately maintain and accommodate the applicant, and any other dependants in the UK, or applying for entry clearance, without access to public funds.

ROB 27.2. Funds must be shown as specified in Appendix Finance.

Overseas business requirement for a partner or child on the Representative of an Overseas Business route

ROB 28.1. If the person (P) in ROB 23.1. is a Sole Representative, the applicant must not have a majority stake in, or otherwise own or control a majority of the overseas business P represents, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement.

Decision on application for a dependent partner and dependent child on the Representative of an Overseas Business route

ROB 29.1. If the decision maker is satisfied that all the suitability and eligibility requirements are met for a dependent partner or dependent child on the Representative of an Overseas Business route the application will be granted, otherwise the application will be refused.

ROB 29.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.

Period and conditions of grant for a dependent partner and dependent child on the Representative of an Overseas Business route

ROB 30.1. A partner will be granted:
1. (a) permission which ends on the same date as the permission as the Representative of an Overseas Business; or
2. (b) 2 years’ permission if the Representative of an Overseas Business was (or is being) granted settlement as a Representative of an Overseas Business.

ROB 30.2. A dependent child will be granted permission which ends on the same date as whichever of their parents’ permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case the child will be granted permission for 30 months.

ROB 30.3. The grant will be subject to all the following conditions:
1. (a) no access to public funds; and
2. (b) work (including self-employment and voluntary work) permitted; except for employment as a professional sportsperson (including as a sports coach); and
3. (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
4. (d) DELETED

Settlement by dependent partner and dependent child on the Representative of an Overseas Business route

Validity requirements for settlement by a dependent partner or dependent child on the Representative of an Overseas Business route

ROB 31.1. A partner or child on the Representative of an Overseas Business route who is applying for settlement must apply online on the gov.uk website on the specified form “Settle in the UK in various immigration categories: form SET(O)”.

ROB 31.2. An application for settlement as a partner or child of a Representative of an Overseas Business must meet all the following requirements:
1. (a) any fee must have been paid; and
2. (b) the applicant must have provided any required biometrics; and
3. (c) the applicant must have provided either a passport or other travel document which satisfactorily establishes their identity and nationality; and
4. (d) the applicant must be in the UK; and
5. (e) the applicant must be applying as a partner or child of a person (P) who:
  1. (i) has made a valid application for settlement in the UK as a Representative of an Overseas Business and that application has not been decided; or
  2. (ii) is settled or has become a British citizen, providing P had permission as a Representative of an Overseas Business when they settled and the applicant either had permission as their partner or child at that time or the applicant is applying as a child of P and the applicant was born in the UK before P settled.

ROB 31.3. DELETED.

ROB 31.4. An application which does not meet all the validity requirements for settlement as a partner or child on the Representative of an Overseas Business route may be rejected as invalid and not considered.

Suitability Requirements for settlement by a dependent partner and dependent child on the Representative of an Overseas Business route

ROB 32.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

ROB 32.2. The applicant must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail.

Eligibility requirements for settlement by a dependent partner or dependent child on the Representative of an Overseas Business route

Relationship requirement for settlement by a partner or child on the Representative of an Overseas Business route

ROB 33.1. The applicant must be the partner or child of a person (P) where one of the following applies:
1. (a) P is, at the same time, being granted settlement as a Representative of an Overseas Business; or
2. (b) P is settled in the UK or has become a British citizen, providing P had permission as a Representative of an Overseas Business when they settled and the applicant either:
  1. i) had permission as P’s partner or child at that time; or
  2. ii) is applying as a child of P, and was born in the UK before P settled.

ROB 33.1A. The applicant must either:
1. (a) have last been granted permission as a dependent partner or dependent child of the person (P) in ROB 33.1; or
2. (b) have been born in the UK and be applying as a child of the person (P) in ROB 33.1.

ROB 33.2. If applying as a child, the applicant must meet the relationship requirement for settlement for a dependent child in Appendix Children.

ROB 33.3. If applying as a partner, the applicant must show that the relationship meets the relationship requirements as specified in Appendix Relationship with Partner.

Care requirement for settlement by a child on the Representative of an Overseas Business route

ROB 34.1. DELETED.

Age requirement for settlement by a child on the Representative of an Overseas Business route

ROB 35.1. DELETED.

ROB 35.2. DELETED.

Requirements for settlement as a dependent child on the Representative of an Overseas Business route

ROB 35A.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
1. (a) care requirement; and
2. (b) age and independent life requirement.

English language requirement for settlement by a partner or child on the Representative of an Overseas Business route

ROB 36.1. Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1.

ROB 36.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.

Knowledge of life in the UK requirement for settlement by a partner or child on the Representative of an Overseas Business route

ROB 37.1. If the applicant is aged 18 or over at the date of application, they must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK.

Decision on an application for settlement by a partner or child on the Representative of an Overseas Business route

ROB 38.1. If the decision maker is satisfied all the suitability and eligibility requirements are met for settlement as a dependent partner or dependent child on the Representative of an Overseas Business route, the applicant will be granted settlement, otherwise the application will be refused.

ROB 38.2. If the application is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.

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