Comments by Tessa Fry

Tessa Fry - GSC Solicitors
Online advisor - 1 post

Reply to Mr Joseph Jasper ? Index Corporation

Do you recommend having a solicitor assist us with the application process?

Whilst it is likely to be helpful to instruct a solicitor to assist with making the application, it is not essential.

However, a solicitor with experience of making sole representative applications should be able to identify and resolve any problems with the application which those without experience of the process may be unaware of. For example, it is essential to avoid any suggestion that the application is for the benefit of the candidate rather than the company: If the information submitted appeared to show that the resources being committed to setting up the business in the UK are insufficient to satisfy the stated aims of the project then this might suggest that the application was being made for the benefit of the individual and not the company. A solicitor can identify these types of problems before the application is submitted and can advise on how they might be resolved.

In addition, you are likely to need legal advice on corporate matters once the company is established in the UK. For example, corporate advice on company structures, commercial advice on the impact of UK law on the terms upon which the new company wishes to trade, advice on taking up a lease/licence of premises and employment advice on the Company?s obligations to its employees.

Does the visa have to be submitted within Japan or are we able to apply from the United Kingdom?

A sole representative visa should be obtained outside the United Kingdom from a British Consulate or Embassy. The appropriate entry clearance for the sole representative should be obtained prior to him entering into the country. The application cannot be made in the UK prior to his arrival in the UK as his passport must be submitted with the application.

This does not mean, however, that the process cannot be co-ordinated from within the UK even if the application is made outside the UK.

What would happen if the business were started without first securing the proper visa?

If someone starts working to set up the business and that individual needs but doesn?t have the proper visa to work in the UK, he risks being deported and refused entry in the UK on subsequent visits. In addition the company in the UK risks prosecution for employing someone in breach of the immigration rules. This would jeopardise any future immigration applications that the company might want to make to bring employees into the UK.

I would be very happy to assist your company in obtaining a sole representative visa if required and, indeed, assisting with any matters relating to the setting up of your UK company.

Kind regards,

Yours sincerely

Tessa Fry

Partner

Orchard Solicitors

6 Snow Hill

London

EC1A 2AY

Tel: 00 44 207 246 6133

Fax: 00 44 207 246 6103