A sole representative visa is a big achievement for any organization. It is not easy to get this visa and the refusal of the same visa can throw a wrench in the growth and expansion of any business. In case your visa is refused you can apply for an administrative review but the time span available for this is quite short and you need to make a judgment call as to whether it is worth it or not.
A sole representative visa is for any business that is not based in the UK. This allows an individual or a representative of a business from outside the UK to enter the country and set-up a branch or subsidiary in the nation. The requirements for this visa are quite complex. It is advisable for you to connect with or hire an immigration solicitor preferably from within London who can help you navigate this tricky path quite easily.
A few of the requirements for a sole representative visa are:
- The person coming should be an expert in their field
- They should hold a high position within the company
- They should have full autonomy in decision making
- They should have the intention to establish the company’s commercial presence
- They should know English
- The principal base of the company should be outside the UK
- The person coming should have been hired from outside the UK
There is a possibility that you may want to change your current sole representative in the UK with a new person. So can you do that or not is the question? The answer is yes, you can change your current representative.
One condition that you need to satisfy to be able to qualify for this visa is to have enough resources to support your stay within the country for the duration of your stay and you should know English. Earlier there was a list of countries that were exempt from the English language test but now post-Brexit and end of freedom of movement no one is exempt from this rule.
Since the applications are processed by humans and not computers, there is a good chance that there might have been an error in judgment that led to your application being rejected. For this very purpose, there is the system of administrative review which you can use to get the government to review your application once again. Mostly, your application will only be rejected if you do not meet the requirements of eligibility that have been set for the sole representative visa.
The time for you to request an administrative review is only 28 days. In this, you cannot add any more documents or proofs as to why you are eligible for the sole representative visa. Under this, only your previous applications will be reviewed and you may or may not get approval depending on the decision of the person reviewing your request. Your best bet is to make sure that your application was well made the first time around. You can take help from an immigration lawyer to help you through the process.
Now, if your application is rejected again after the administrative review process then there is not much for you to do. One thing that some organizations have done is to file a judicial review complaint about the administration process; they were unsure if the practice was operating without corruption. This is a long legal process and should definitely be done post-consultation from an immigration solicitor.
The last resort is to make a completely new application and make sure that it is complete in every possible way and can sway the decision in your favor.