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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 1943
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello, Im an Australian citizen looking to move temporarily

Resolved Question:

Hello, I'm an Australian citizen looking to move temporarily to the UK.

I am looking at the sole business representative visa. My small to medium sized company i work for here in Australia has agreed to allow me to work remotely full time in the UK on my full pay from australia. I work for a web company as a graphic designer. My range of responsibilities include meeting clients, discussing project needs and delivering an adequate product.

I seem to fit all of the criteria for this visa but i am a little unsure about being 'senior' enough, and being able to justify why 'i' have been sent to the UK to represent my company:
" The individual must be senior enough to have full authority to take operational decisions in respect of the UK operation without referral to the parent business."
Also i must provide the company’s business plan for UK activities.
I do have the intention of registering a branch there and I do intend to meet potential clients in view of expanding the business in the UK but the majority of the time i will be working remotely from the UK on Australian projects until and if suitable local work is found...
Will my current role be sufficient to qualify? I have no real business qualifications, and my role within the company is on the creative side rather than business side. It may look suspicious. How thorough does my business plan need to be? Can i be sent to UK more in a prospective role looking to for expansion possibilities?

I would greatly appreciate any feedback as i'm very nervous applying to this visa and being refused. I have family in the UK and would like to stay for at least a year or two.
My only other option is multiple business visitor visas... which isn't recommended.

thank you
Submitted: 5 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 5 months ago.
Hi, thank you for your question. Please remember to rate my service so I am credited for my time.

What position do you hold with company?
What are your plans for your company while you are in the uk?

Kind regards
Customer: replied 5 months ago.

I'm a senior Graphic Designer. This is a creative role.


 


Plans would be to register a branch and meet potential clients.

Expert:  UK_Lawyer replied 5 months ago.
Thank you for your reply.

To come to the UK as an overseas parent company's sole representative here, you must be a senior employee (but not a majority shareholder in the company) who intends to establish a commercial presence for the company in the UK. This may be a registered branch or a wholly owned subsidiary concerned with the same type of business activity as the parent company.

The company must have no branch, subsidiary or other representative in the UK. If the company has a legal entity in the UK, but this does not employ staff or transact business, you may still be able to come here as its sole representative.

You must have full authority to take operational decision's on the company's behalf. To show why you have been appointed, you must be able to demonstrate a very good track record in the same or a closely related field of work.

If the company has previously employed a sole representative here, who has left the UK at an early stage before the UK branch or subsidiary has found premises or started to trade, the home office may allow you to come here as a replacement sole representative.

If you have been given authority by the company to register a branch then it should be sufficient. However as you will note from the above you need to show why you have been appointed, you must be able to demonstrate a very good track record in the same or a closely related field of work.

It all depends on what the company is willing to state and why they believe you have the sufficient capabilities of being chosen for the role and also they need to show your previous track record in the same.

I would suggest that you apply for the visa and if they refuse it you can always ask the home office to reconsider their decision by providing them with any documentation or details they feel were missing with your initial visa application.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 5 months ago.

Hi thanks for your reply. I'm aware of the terms and conditions for this visa as i have read them thoroughly, i was really after an opinion on what kind of person can be deemed eligible.


 


My issue is that i have no previous track record , certainly not a 'very good track record' and no real business experience aside from client meeting on the creative side.
My company is prepared to help me however they can but they won't go as far as make up experience i don't have or change my job role. So i would just like to know how much scrutiny is given to previous experience and wether my case seems feasible considering the little information i've given you.


 


I just don't want to get a refusal as this may well hinder future application to different visas.

I understand this may be hard to answer if you have no personal dealings with this specific visa.


 


Thanks again,

Expert:  UK_Lawyer replied 5 months ago.
Thank you for your reply.

In your case I believe that the way the home office have worded they would check with your company and ask them why they feel that you are the right person to expand the business in the uk.

Obtaining a UK visa has become very difficult and if you feel that the company will not be able to provide a record of your past in respect of working in the same field then it could make obtained a visa difficult. I think if you are someone who is more senior in the graphics department then unless the company can provide evidence of you meeting the requirements it would be difficult for you to obtain a visa.

If you think that the refusal will effect your future applications to the home office then it would not. No previous applications are able to prejudice any future applications unless the refusal is due to a ban etc.

I hope this answers your question, if you need further clarification please do no hesitant to answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 1943
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 months ago.

Thanks i wasn't aware that refusal of one visa did not hinder applying to another. Good to know.


 


thanks again,

Expert:  UK_Lawyer replied 5 months ago.
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