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*** COVID19 Tier 1E impact and Government support *** Discuss here ONLY

Only for UK Tier 1 (Entrepreneur) points system

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

mig2015
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by mig2015 » Sat Mar 28, 2020 4:58 pm

Dear Zimba

It says "Grant" throughout the letter, and there is no mention to "Loan" throughout the letter. I have checked the letter several times and I can't find any vague part which may be perceived as a small print. The fact that it's business entity, which might be granted, as opposed to individual, may imply that it's not included in public funds definition?

What is your take on this Zimba? I can also upload the scan of letter if you think I'm speaking about something different to what you thought?

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Zimba
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by Zimba » Sat Mar 28, 2020 5:04 pm

mig2015 wrote:
Sat Mar 28, 2020 4:58 pm
Dear Zimba

It says "Grant" throughout the letter, and there is no mention to "Loan" throughout the letter. I have checked the letter several times and I can't find any vague part which may be perceived as a small print. The fact that it's business entity, which might be granted, as opposed to individual, may imply that it's not included in public funds definition?

What is your take on this Zimba? I can also upload the scan of letter if you think I'm speaking about something different to what you thought?
No views yet. Need to wait until we get clarifications from UKVI
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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marcnath
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by marcnath » Sat Mar 28, 2020 9:48 pm

mig2015 wrote:
Sat Mar 28, 2020 4:58 pm
Dear Zimba

It says "Grant" throughout the letter, and there is no mention to "Loan" throughout the letter. I have checked the letter several times and I can't find any vague part which may be perceived as a small print. The fact that it's business entity, which might be granted, as opposed to individual, may imply that it's not included in public funds definition?

What is your take on this Zimba? I can also upload the scan of letter if you think I'm speaking about something different to what you thought?
As @zimba pointed out, it might make sense for you to wait for any potential clarification.

But it is my personal opinion that the Grant, business interruption loan, etc are offered to the business, not the individual. The immigration rules only restrict the individual from accessing public funds, not the business.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

zamaha
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by zamaha » Sun Mar 29, 2020 12:00 am

I maybe wrong but looking into the guidelines that government published to give more details about the scheme (https://www.gov.uk/government/publicati ... businesses)

It is only said: ALL UK BUSINESSES, or ALL UK BASED BUSINESSES. There is nothing about nationalities of employees who we claim 80% of salary or directors. The only requirement is being a UK business.

Are we going to get punished if we claim it when they didn’t mention anything about it? Also, even individuals can claim benefits which are based on NIC like NHS. Can it be benefit based on working and paying tax in the UK?

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Zimba
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by Zimba » Sun Mar 29, 2020 12:49 am

We shall see what UKVI will say on this. Just note that business grants are based on the circumstances of the people who run these businesses. Your immigration status may not be an issue as per rules but from a lender's point of view, you could be viewed as very high risk. What if they give you a grant and then you simply get up and leave ?! Business loans/grants are still subject to risk evaluation so your immigration status may play a role.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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CR001
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by CR001 » Sun Mar 29, 2020 8:49 am

Zimba wrote:
Sun Mar 29, 2020 12:49 am
We shall see what UKVI will say on this. Just note that business grants are based on the circumstances of the people who run these businesses. Your immigration status may not be an issue as per rules but from a lender's point of view, you could be viewed as very high risk. What if they give you a grant and then you simply get up and leave ?! Business loans/grants are still subject to risk evaluation so your immigration status may play a role.
Updated guidance.

http://www.nrpfnetwork.org.uk/Documents ... tsheet.pdf

Bottom part page 7

5 Assistance for people who lose employment
The Government has announced a series of measures to help people who have are unable to work due to contracting coronavirus or having to self-isolate, or who have lost their employment or closed a business due to coronavirus. The following assistance can be claimed by a person who has no recourse to public funds (NRPF) when they meet the relevant requirements because none are considered to be ‘public funds’ for immigration purposes:

 Statutory Sick Pay (SSP)
 Contributory-based Employment and Support Allowance (ESA)
 Wages paid through the Coronavirus Job Retention Scheme (‘furloughed workers’)
 Assistance for businesses and people who are self-employed, as outlined in this government guidance
 Benefits that are listed here (under ‘work related benefits’) -> http://www.nrpfnetwork.org.uk/informati ... x#benefits

The following assistance cannot be claimed by a person who has no recourse to public funds (NRPF) because they are public funds for immigration purposes:
 Universal Credit
 Benefits on this list -> http://www.nrpfnetwork.org.uk/informati ... funds.aspx
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Anontier20
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by Anontier20 » Sun Mar 29, 2020 2:34 pm

Hello,

A question regarding the Furlough pay for employees, if you are on a minimum wage I heard that they will be paid the full wage as they are on a minimum wage anyway?

Is this correct?

Anontier20
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by Anontier20 » Sun Mar 29, 2020 9:49 pm

@Cr100, doe sthis mean we can access or can't access? It's a bit vague as point 2 says:
Other publicly funded services are not treated as ‘public funds’ for immigration
purposes. Some services may be universally available and others may have eligibility
requirements relating to a person’s immigration status.
A person will have no recourse to public funds when they are a national of a non-EEA
country and have:
 Leave to remain with the NRPF condition
 Leave to remain subject to a maintenance undertaking e.g. adult dependent relative
 No current immigration permission e.g. a visa overstayer
European Economic Area (EEA) nationals and their family members are not subject to the
NRPF condition but may be unable to claim benefits and housing assistance if they have not
obtained settled status (indefinite leave to remain) under the EU Settlement Scheme and are
not economically active

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Zimba
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by Zimba » Mon Mar 30, 2020 12:55 am

It is very very clear now. Migrants have access to all the announced government support schemes.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

tier1entrepreneur-AA
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Re: Impact Due to Conorovirus- Government Backing

Post by tier1entrepreneur-AA » Mon Mar 30, 2020 8:40 am

marcnath wrote:
Fri Mar 20, 2020 7:20 pm
The requirements are very clear - two jobs of 30 hrs/week each.

The immigration rules only requires you to then pay as per the national rules - there is no specified minimum. So as long as you are following the instructions, it does not matter what amount the payslips/fps says as long as it still shows 30 hrs/week
Dear marcnath,

Could you please explain this more,

working hours on the payslip and FPS can remain based on 30hrs per week (i.e 132hrs in March 2020,
hourly rate remain £9
Payslip amount = zero??

How payment can be zero and it still classified as FT (30hours per week) while HO make the calculations based on hourly rate and gross payment?, as this will be the values on the visa application and supported by payslips and FPS?

Thanks in advance.

Camel555
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by Camel555 » Mon Mar 30, 2020 1:56 pm

Thanks mods, I am also an employee of my own company so was wondering if I should put myself on forlough as well but I guess clarification above is enough that myself as a paid director Can also claim job retention scheme. Good I guess.

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Zimba
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by Zimba » Mon Mar 30, 2020 2:00 pm

Camel555 wrote:
Mon Mar 30, 2020 1:56 pm
Thanks mods, I am also an employee of my own company so was wondering if I should put myself on furlough as well but I guess clarification above is enough that myself as a paid director Can also claim job retention scheme. Good I guess.
Anyone on PAYE can go furlough
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mig2015
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by mig2015 » Mon Mar 30, 2020 6:01 pm

Zimba wrote:
Sat Mar 28, 2020 5:04 pm
mig2015 wrote:
Sat Mar 28, 2020 4:58 pm
Dear Zimba

It says "Grant" throughout the letter, and there is no mention to "Loan" throughout the letter. I have checked the letter several times and I can't find any vague part which may be perceived as a small print. The fact that it's business entity, which might be granted, as opposed to individual, may imply that it's not included in public funds definition?

What is your take on this Zimba? I can also upload the scan of letter if you think I'm speaking about something different to what you thought?
No views yet. Need to wait until we get clarifications from UKVI

Hi Zimba,

Earlier I asked about the "small business grant funding of £10,000 for all business in receipt of small business rate relief or rural rate relief",

what is your take on the situation after all the updates, do you think it's still unclear whether it's public funds?

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Zimba
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by Zimba » Tue Mar 31, 2020 2:11 am

They are not. It is very clear now as explained above
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

tier1entrepreneur-AA
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*** COVID19 and Government support *** Discuss here ONLY

Post by tier1entrepreneur-AA » Tue Mar 31, 2020 3:51 pm

tier1entrepreneur-AA wrote:
Mon Mar 30, 2020 8:40 am
marcnath wrote:
Fri Mar 20, 2020 7:20 pm
The requirements are very clear - two jobs of 30 hrs/week each.

The immigration rules only requires you to then pay as per the national rules - there is no specified minimum. So as long as you are following the instructions, it does not matter what amount the payslips/fps says as long as it still shows 30 hrs/week
Dear marcnath,

Could you please explain this more,

working hours on the payslip and FPS can remain based on 30hrs per week (i.e 132hrs in March 2020,
hourly rate remain £9
Payslip amount = zero??

How payment can be zero and it still classified as FT (30hours per week) while HO make the calculations based on hourly rate and gross payment?, as this will be the values on the visa application and supported by payslips and FPS?

Thanks in advance.
Thanks marcnath,

I would like to understand if mentioning "furlough" in the employees payslip or FPS will have any bad effect with HO during ILR application, as these months payslips/FPS I will use to count toward job creation,

I will be able to top up the wages to be 100% as usual, so HO can make the calculations based on the 100%, but the accountant said that she will not mention the hourly rate on the payslips, and will only mention "furlough" instead of salary on both payslips and FPS.

I don't want at my last period for my ILR application to be affected by this situation, so I would like to confirm that by receiving this support to cover employees wadges (80%) will not affect payslips/FPS/ Job creation requirements by HO.

Thanks in advance for your support.

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CR001
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by CR001 » Tue Mar 31, 2020 4:06 pm

Members are reminded NOT to attempt to change the subject title of this topic when they post!!!
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.

bekee51
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Nigeria

Re: *** COVID19 and Government support *** Discuss here ONLY

Post by bekee51 » Tue Mar 31, 2020 5:09 pm

Hi,

My question is, if I claim the 80% salary support for my staff, will the job still qualify for points since the salary was not paid 100% from my business.

Regards

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Zimba
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Re: *** COVID19 and Government support *** Discuss here ONLY

Post by Zimba » Tue Mar 31, 2020 10:16 pm

Furlough as far as I'm concerned should be viewed as normal full time work with reduced new hourly rate unless UKVI says otherwise. Tier 1E rules do not care about 80% or 100% or whatever. You can assume this period is like hourly rate change. Tier 1E rules do not care how much you pay your employee as long as they are paid above min wage.

UPDATE: The time spent under furlough does NOT count :!: :!:
uk-tier-1-entrepreneur-visas/impact-due ... l#p1893738
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Anontier20
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Afghanistan

Re: *** COVID19 Tier 1E impact and Government support *** Discuss here ONLY

Post by Anontier20 » Wed Apr 01, 2020 6:50 pm

In normal circumstances it would be the NMW but in these cases due to the furlough, in essence the normal NMW ends up being less at 80%, therein we are back to the question a few people have asked.

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Zimba
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Re: *** COVID19 Tier 1E impact and Government support *** Discuss here ONLY

Post by Zimba » Thu Apr 02, 2020 12:38 am

Anontier20 wrote:
Wed Apr 01, 2020 6:50 pm
In normal circumstances it would be the NMW but in these cases due to the furlough, in essence the normal NMW ends up being less at 80%, therein we are back to the question a few people have asked.
It is not 80% of the current salary but up to the lower 80% of the salary (NMW and upwards). It does not go below NMW
You can claim a grant from HMRC to cover wages for a furloughed employee, equal to the lower of 80% of an employee’s regular salary or £2,500 per month, plus the associated Employer National Insurance contributions and minimum automatic enrolment employer pension contributions on paying those wages.
https://www.gov.uk/guidance/claim-for-w ... ion-scheme
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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