From 4 June 2020, the genuineness requirement has been introduced to the Sole Representative route, this means that the applicant may be required to prove the genuineness by submitting additional evidence or the applicant can be invited for the interview. The assessment of genuineness will entail consideration of these questions –

• The number of staff the overseas business has or trading premises;
• Whether the overseas business has a trading presence in one other country and tracks record of international expansion;
• If the overseas business has only been set up recently;
• Evidence of the overseas business’s trading presence and business activities (whether physical or internet-based);
• Whether the applicant has previous activity in the UK that is not related to the business they now represent, or there is some similar reason to doubt they will only work in accordance the conditions of their leave;
• The domestic rules on business ownership in the country where the overseas business is located, necessitate a request for non-standard information to determine whether the applicant owns or controls that business

Furthermore, the sole representative route will restrict –

• A broker or sales commission agent (either an individual or through a business)
• A distributor, selling on a commission basis
• A distributor buying the overseas business’s products and on-selling
• An individual or a business finding sales leads and passing them back to the overseas business
• A business where the applicant is the controlling partner even if they hold less than 50% shares

If you are looking representations for your Sole Representative Application, please contact Visa and Migration Ltd on 02034111261