ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Sole Representative visa going to go wrong

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
Pietpiet
Newly Registered
Posts: 5
Joined: Mon Feb 18, 2019 8:46 pm
United Kingdom

Sole Representative visa going to go wrong

Post by Pietpiet » Mon Feb 18, 2019 9:09 pm

I am in the UK with my family, we are in the 2nd year on a sole representative visa.
The company from overseas that sponsored me is closing down in the next month or 2 and doesn’t look like it can be saved.

We have started the new company in the UK and although it is not big numbers it is enough so I can get a salary and I can support my family.
We are not entitled to any benefits and we are not claiming anything.
I don’t think I can swop to a tier 2 as I don’t have any formal qualifications and also not sure if I will be able to find a company to sponsor me.

If we just keep on trading the way it is and when we renew will there not be some sort of good behaviour/ good citizenship type visa we can fall back or change to, to carry on staying and living in the UK?
Is there any way anyone can think of that I can be able to change or swop to another visa type so we can carry on living in the UK after our first 3 years?

Otherwise ,If not is there not a way we can claim asylum but without any benefits as long as we keep on providing for ourselves through the business we started? Or humanitarian type visa?
We really do not want to return to our home country for the sake of our kids future.
Apologies but I am just trying to grasp at straws to see if there is a way we can stay.
We do not have any claim to any ancestral visas or anything like that also unfortunately.

User avatar
CR001
Moderator
Posts: 88782
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Sole Representative visa going to go wrong

Post by CR001 » Tue Feb 19, 2019 6:42 am

What is your nationality?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Pietpiet
Newly Registered
Posts: 5
Joined: Mon Feb 18, 2019 8:46 pm
United Kingdom

Re: Sole Representative visa going to go wrong

Post by Pietpiet » Tue Feb 19, 2019 11:25 am

hi, i am also from South Africa :D

User avatar
CR001
Moderator
Posts: 88782
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Sole Representative visa going to go wrong

Post by CR001 » Tue Feb 19, 2019 12:02 pm

Then asylum will be a waste of time.
will there not be some sort of good behaviour/ good citizenship type
There is nothing like this by the way. The UK would be flooded if there was.

Best option would be to find a Tier 2 sponsor and switch visas. Formal qualifications are not always required as far as I am aware. What are your skills/job etc?

https://www.gov.uk/tier-2-general/switch-to-this-visa
Switch to this visa
You can apply to change (‘switch’) from another visa to a Tier 2 (General) visa.

You should apply before your current visa expires.

Eligibility
You must already be in the UK under any of the following visas or schemes:

Tier 1 visa
Tier 2 (Sportsperson) visa
Tier 2 (Minister of religion) visa
Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
Tier 4 visa - if you have an eligible qualification or you’ve done at least 12 months of a PhD
You can also switch to a Tier 2 (General) visa if you’re:

a dependent partner of someone with a Tier 4 visa
a representative of an overseas business
Otherwise if you have £200k, then a Tier 1 Entrepreneur visa to start your own business.

You should bear in mind that if your sponsor withdraws support, your visa will be curtailed/cancelled, giving you only 60 days to remain in the UK. Also note that if your are no longer sponsored, you are not permitted to work.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Pietpiet
Newly Registered
Posts: 5
Joined: Mon Feb 18, 2019 8:46 pm
United Kingdom

Re: Sole Representative visa going to go wrong

Post by Pietpiet » Tue Feb 19, 2019 6:23 pm

Thanks, yes it looks like i will have to maybe look very hard for a tier 2 sponsor and hopefully i get something right based on years’ experience?

I have retail management experience as well as B2B and sales executive experience of about 20 years.
I don’t have the 200 000 needed for the tier 1 visa


Do you maybe know how long it will take to get the visa approved once i have a job offer?

Will i look at a general tier 2 visa and then make sure the employer is licensed to offer tier 2 sponsorships?

User avatar
CR001
Moderator
Posts: 88782
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Sole Representative visa going to go wrong

Post by CR001 » Tue Feb 19, 2019 8:10 pm

You need to find a Tier 2 licensed sponsor to find a job. They must do the full Resident Labour Market Test before they can offer you the job and assigned a CoS. Once you have the CoS, you can apply for a visa.

How old are you?

Does your spouse have any substantial skills etc.?

Have you thought about a student visa if you wish to study perhaps?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Pietpiet
Newly Registered
Posts: 5
Joined: Mon Feb 18, 2019 8:46 pm
United Kingdom

Re: Sole Representative visa going to go wrong

Post by Pietpiet » Wed Feb 27, 2019 2:13 pm

I am 41 years now and my wife is 37.


Her skils or qualifications is technical financial accountant but through Damlin/ICB.

Thats about the best she's got,

She is willing to study and myself also.

If we do start studying do we look at a Tier4 visa. Will that help us or how should we try to do it?
She can study more accounting and i can do business managent perhaps.
Thanks for the advice and effort trying to help.

User avatar
Frontier Mole
Respected Guru
Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Sole Representative visa going to go wrong

Post by Frontier Mole » Thu Feb 28, 2019 11:51 pm

You are already in breach of your visa conditions as you have set up a new company and traded it. You can not operate another company or work for anyone else under the sole representative visa conditions. So there goes your good behaviour you have claimed. Just saying 😀🇿🇦👍

The tier 4 route - forget it - you would both have to have separate visas as you could not be dependent on each other unless one of you is studying masters or above. The Tier 4 route is far from a given in any case, gaining university entrance from existing immigration routes is much more difficult- they will soon work out it is a ploy to stay and not to study as the first choice.
BTW if it is not a degree course you have no right to work so doing a low level course achieves very little.

And if you did get Tier 4 visa - you can’t operate the business so on top of £15k a year uni fees each how are you going to survive?

Have you got British or European grandparents? That might be a possibility if you have on either side.... There could be a route through ancestry.

Pietpiet
Newly Registered
Posts: 5
Joined: Mon Feb 18, 2019 8:46 pm
United Kingdom

Re: Sole Representative visa going to go wrong

Post by Pietpiet » Thu Mar 14, 2019 11:16 am

Thanks For the advice Frontier. The company i started was the one i started for the overseas business. Maybe i explained wrong, but i havent opened companies on my name.
I opened a company for the overseas company on their name and they 100% share holders.

I have no ties to UK with family, all family and grandparents both myself and my wife was born in SA, so no luck there.

I guess we will have to see what happens with the other company . I dont see any other ways to be able to stay but thanks for all the help everyone .

tanijani
Newly Registered
Posts: 3
Joined: Sun Nov 17, 2019 9:23 am
United Kingdom

Re: Sole Representative visa going to go wrong

Post by tanijani » Sun Nov 17, 2019 10:00 am

Hello my dear, can you please help me with info, that how did you open the bank account for foriegn owned company?

Locked