Check Your Eligibility for Self-Sponsorship and Get Your Assessment Done here
Top UK Immigration Lawyers with Over 5000 Successful Applications
Mon- Friday | 9am- 6pm | BST
Sole-Representative-Genuineness-Test

Sole Representative Genuineness Test

Jun 20, 2021

DisclaimerThe information in this blog is accurate as of its publication date. Any updates after that date are not reflected here.

The Home Office has confirmed that effective from 9AM on 11 April 2022, the Sole Representative visa route will be closed to new applicants.

Self Sponsorship is a good alternative to consider if you’re considering business opportunities within the UK. A UK Sponsor is not required and this can lead to permanent residency and British citizenship for yourself and your family.

On 4 June 2020, the Home Office introduced the ‘Genuineness Test to the Sole representative visa route, quite swiftly, and out-of-the-blue.

The new requirement means that now prospective applicants need to prove the genuineness of their overseas employment, overseas business activities and UK expansion plans – with hard evidence.

Why has the Home Office amended the rules?

In early 2019, Home Office discontinued the Tier 1 (Entrepreneur) Visa for new applicants and replaced it with the Startup Visa and Innovator Visa. The eligibility criteria for startup and Innovator visas are notably stricter and more rigorous. 

Specifically, applicants must be endorsed by an approved body and can only secure an endorsement if the business meets the criteria of ‘innovation, viability, and scalability’.

With these changes, there was an emerging concern from law-makers that certain applicants, who cannot meet the Startup and Innovator visa requirements, would use the a Representative of Overseas Business visa as an alternative route, for ineligible purposes. 

What is the ‘Genuineness test or criteria’ for a Sole Representative Visa

The closure of the Tier 1 (Entrepreneur) Visa forced those who owned overseas businesses to establish themselves in the UK through alternative entry routes. This is a problem as, often, in small organisations, the ideal person to open up a branch office or subsidiary is a co-founder. These are the people who have the decision-making authority and knowledge of the business required under the Sole representative visa entry criteria. Unfortunately this does not take into account the specific and strict mandatory criteria that the Sole Representative must not be a majority shareholder (owner) of the overseas business.

In deciding the application, the Home Office will consider the representative’s seniority as an employee of the overseas business: their skills, knowledge and experience as well as the viability and scalability of the employing company’s business plans for setting up a UK enterprise.

The Home Office’s Genuineness test aims to:-

” Prevent an overseas business sending a representative to facilitate their entry to the UK when there is no genuine intention for them to establish a branch or subsidiary in the UK.”

The change in rules directly bestows on Home Office decision-makers the power to refuse any application they believe, on the balance of probabilities and (lack of) evidence provided, that the business and/or candidate have no genuine intention to set up a UK enterprise.

A Deep dive into the Sole Representative Visa Genuineness Test

Applicants must provide evidence that the subsidiary or branch office has not been 

established solely for the purpose of facilitating the entry and stay of the applicant”.

It is a critical change, as it could allow decision-makers to reject applications based on subjective assumptions about the applicant or overseas business.

Whenever a sole representative visa applicant applies for entry clearance, the Home Office must be satisfied that the applicant meets all the required criteria to prove they have a ‘genuine intention’ and the ability to establish a presence for the overseas business in the UK. To assess this, the Home Office may ask for:

  1. Additional documentation or evidence to demonstrate the applicant meets all of the criteria
  2. For the applicant to attend an interview with the Home Office.

The Rules, including the Genuineness Test are designed to:

  • Prevent an overseas business from sending a representative to facilitate their entry to the UK when there is no genuine intention for them to establish a branch or subsidiary in the UK.
  • Clarify that that overseas businesses must be active and lawfully trading and intend to maintain their primary place of business outside the UK.
  •  Reflect that applicants must have the skills, experience, knowledge and authority to represent the overseas business in the UK. 
  • Clarify that that applicants must be senior employees and cannot engage in their own business or represent any other business in the UK.  
  • Reflect that the ownership of overseas businesses is not limited to businesses that issue shares.  
  • Prevent majority overseas business owners from entering as the dependent spouse, civil partner, unmarried or same-sex partner of a representative of their own business. It will prevent business owners from circumventing the rules intended to prevent them from relocating their business to the UK under this visa route.
  • Clarify that the branch or subsidiary must have been established in the UK and not overseas. 

Additional documentation for proving ‘genuineness.’

Further to the Genuineness Test, the evidential burden on prospective sole representative applicants (and their overseas employing companies) has been increased.

The Home Office may further enquire or request more evidence in cases where:

  1. The overseas business has a limited number of staff or trading establishments
  2. The overseas business has no previous record of foreign expansion
  3. The overseas business has only recently been set up
  4. There is little or no evidence of a physical or online trading presence and business activities relating to the overseas trade
  5. The prospective sole representative applying has previous activity in the UK unrelated to the business they now represent and applying to set up
  6. Non-standard information is needed to determine whether the prospective applicant owns or controls the business.

Applicants who fall into any of the above categories should be prepared to submit information as and when requested by the Home Office, to support their case.

It is imperative to note that the guidance states these situations do not automatically indicate a lack of genuineness and should not be grounds for refusal in themselves. It also underlines that applicants should be given a reasonable opportunity to address any areas of concern before the application is refused.

Battle it with Legal Support 

A Sole representative applicant’s “genuineness” has become a key element of the visa application and should not be overlooked. 

The Immigration Rules require convincing evidence of intention and credibility that the company is deploying someone suitably qualified to set-up a genuine overseas branch or enterprise in the UK.

The criteria to be met can appear daunting, but are surely manageable with an immigration lawyer’s advice.

A Y & J Solicitors have been advising sole representative visa applicants step-by-step to ensure that the overseas business they represent meets the demanding criteria laid down by the Home Office.

The ‘Genuineness test’ helps the Home Office to monitor and ensure that the Sole Representative route is not being abused for illegitimate purposes and that the organisations sending Sole Representatives can genuinely flourish and subsist legally in the UK, with the support of their Representative. Incidentally, this test also provides some reassurance to overseas applicants for the visa, that they are indeed being hired by a genuine organisation with viable plans for their UK endeavours. 

Do you want to apply Sole Representatives Visa?
Read More
Profile Picture

A Y & J Solicitors

A Y & J Solicitors is a multi-award-winning UK immigration law firm with over 14 years of specialist experience. Based in Central London, we are recognised and recommended by The Legal 500, Chambers Partners authorised by the SRA (Solicitors Regulation Authority). Having successfully assisted more than 5,000 clients, we stand by our ‘In It To Win It’ approach to deliver results with precision and care. For your peace of mind, we are proud to hold a trust rating of 4.9/5, backed by over 1,000 reviews on Trustpilot and Google.

A Y & J Solicitors
4.9
Based on 1385 reviews
powered by Google
Bas FindersBas Finders
21:35 29 Dec 25
Ravi ChoksiRavi Choksi
18:12 22 Dec 25
I have been instructed by dipannita mazumder for my visa process and it was really helpful to get my visa done .strongly recommend to work with this firm.
Frank ZhangFrank Zhang
15:15 22 Dec 25
Rima BhattacherjeeRima Bhattacherjee
19:42 18 Dec 25
Talor NguyenTalor Nguyen
13:40 18 Dec 25
I am writing this to personally give thanks to A Y & J Solicitors.They're the best of the best in their fields!I wish people can be great at their jobs like these guys.
anusha Thikkavarapuanusha Thikkavarapu
15:54 17 Dec 25
Lawyer Dia was very helpful throughout the entire process. She answered all my questions, provided clear guidance, and made the process smooth. Thank you!
Viral JethwaViral Jethwa
14:42 17 Dec 25
There is no words to describe the effort, dedication and resilience Ikra showed in fighting for a visit visa for my uncle. My Uncle has been rejected Visas for 5 years straight until Ikra at AY&J fought hard with the home office, presenting his case in the best way possible which took months and months of hard work. Ikra was always available at the end of the phone whether it be a phone call, WhatsApp, email she never stops. She is an absolute asset to this firm and deserves a lot of credit. This was my last chance in helping my Uncle visit his sister and my kids as he has never been able to see my kids since they were born. Finally after all of Ikras hard work his visa was approved today and we can now invite him over to see his family after years apart. Thank you again Ikra you deserve all of the credit!
sukruthareddy tsukruthareddy t
12:44 17 Dec 25
Huge thanks to Dia for her excellent help with my Skilled Worker visa. My case was complicated, but she handled it professionally and got my visa & dependent visa approved. Highly recommended!
Charlene FitzwaterCharlene Fitzwater
13:35 12 Dec 25
Dia provided clear, tailored advice and support throughout. She spoke in plain terms and was always on hand when I had questions. I would definitely use AY&J Solicitors again.
Pamela PobletePamela Poblete
16:05 10 Dec 25
"We're absolutely over the moon with A Y & J solicitors! 🚀 They're super dedicated, kept us in the loop, and got our visa and passport passed with ease 💪. Their team's attention to detail and proactive approach made all the difference - we're super grateful for their hard work❤️ . We especially loved how they looked into every requirement and kept us updated every step of the way. 10/5 stars, no complaints, would highly recommend to anyone needing top-notch legal support! 👍
Kelvin NjueKelvin Njue
12:18 10 Dec 25
Sahil Banotra VashishtSahil Banotra Vashisht
16:36 09 Dec 25
I am very happy to recommend A Y & J Solicitors for their outstanding support throughout my visa and ILR application processes.I would especially like to thank Ashu Singh, whose professionalism and warm, clear communication made a real difference. She consistently responded within 24 hours and kept me updated at every step, which gave me great peace of mind.A Y & J Solicitors were supportive, reliable, and highly professional from start to finish. Their guidance made the entire process smooth and stress-free. I am truly grateful for their help and highly recommend their services.
Ali ElfadlAli Elfadl
10:54 06 Dec 25
I had a very positive experience working with A Y & J Solicitors. The entire process was handled efficiently, and I felt supported from start to finish.I want to specifically mention Ikra Ahmed, who was excellent to work with. She was attentive, patient, and made sure everything was clear and straightforward for me. It made a real difference having someone so responsive handling the details.I would certainly recommend their services to anyone needing legal assistance.
Francesca PaolucciFrancesca Paolucci
13:19 01 Dec 25
Special thanks to Elaha Basir for helping me through every step of the visa renewal process.I'm so happy!!!THANK YOU VERY MUCH. ☺️
Nagraj ReddyNagraj Reddy
23:56 30 Nov 25
We would like to extend our special thanks to Ms. Ashu for her continuous support. She was instrumental in processing our self sponsored visa application without any problems. The team was very patient and always available to answer our questions. Thanks to A Y & J team.
js_loader

More from AY&J Solicitors

What The Global Talent Visa Offers Employers Seeking Top Skills

Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected...

Immigration-Rules-For-Same-Sex-Couples

Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected...

Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected...

Experience Fast and Reliable Results

Experience Fast and Reliable Results

Click here to contact usPhone icon+44 20 7404 7933WhatsApp icon+44 20 7404 7933
Call UsContact Us