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

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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

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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
Char (CR001 not Casa)
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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

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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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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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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

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

Post by umer.shahzad1 » Thu Apr 02, 2020 8:32 am

furlough scheme, explained

Furloughed worker’ is not a recognized term in UK employment law, although it is commonly used in the US. Government guidance says someone is furloughed if they remain employed but are not undertaking work. To furlough means to “lay off or suspend temporarily”, usually without pay. In the UK, the legal term would be “laid off”. it means we cannot claim number of hours

While furloughed employees still technically retain their jobs, the furlough itself means that they cease working for their employers and do not earn a salary. The idea is that this is a temporary arrangement, and workers will one day be able to return to their jobs.

When the Chancellor used this term in his radical employment plan, it left many puzzled. Over the past week employers and employees have been trying to work out whether the scheme applies to them.

Earlier this month the government set in motion a plan to avoid mass redundancies across the UK, and encourage companies to put jobs on hold during the disruption caused by the lockdown.

Under new rules from March 1 and running for at least three months, companies can now “furlough” employees rather than fire them. Through this scheme, the government will pay up to 80 per cent of people’s wages, up to a maximum of £2,500 per month. Anyone working in a full time job (or on a PAYE basis) on February 28 can be furloughed. This includes people on zero hours contracts or those working flexibly. Unfortunately, it does not apply to people that might have switched jobs between the end of February and the government announcement.


Being placed on furlough is similar to gardening leave. You would still be paid by your employer and will still pay taxes from your income — but you would not be able to continue working for your employer for the duration of the furlough. In this case, you would effectively be paid not to work until the end of June.

The grant, which will not start paying out until April, can be backdated to March 1, according to government guidelines. The minimum time that an employee can be furloughed is three weeks, and companies cannot rotate furloughed workers — which is problematic if someone still working becomes ill, according to a blog by employment law firm Farrer & Co. Lawyers said that those already self-isolating cannot be furloughed (and must be paid statutory sick pay) until they return to work. Once they return, they can be furloughed. And people who are “shielding” and vulnerable to severe illness caused by coronavirus can still be placed on furlough.

There is no guarantee that your employer will keep you on after the scheme ends. And if you are furloughed, you will not qualify for 80 per cent of your salary if you earn more than £2,500 per month. In that case, an employer could choose to “top up” your salary, or you could be eligible for support through the welfare system, including Universal Credit.

If you receive a regular salary, the 80 per cent should be calculated based on an employee’s actual salary before tax (their gross salary), as of February 28.

If your pay varies (because you are on a zero hours contract or flexible working contract, for example), the 80 per cent limit will be applied to the same month’s earnings from a previous year, the average monthly earnings for the 2019/20 tax year or an average of their monthly earnings since they started work — whichever is highest.


This situation will not affect employees’ entitlement to statutory maternity or shared parental leave pay. However, employers who offer enhanced contractual maternity, paternity or shared leave pay can furlough these employees to receive support with the cost of that enhanced payment.

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

Post by zimba » Thu Apr 02, 2020 1:30 pm

Zimba wrote:
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 furloughed 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

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

Post by marcnath » Thu Apr 02, 2020 2:06 pm

Under the T1E rules, you have never been able to "claim the hours" that an employee works.

What the rules require is the number of hours that the JOB has.

Furlough does not impact the hours of the job itself so I can't see it impacting the qualification for job creation under the immigration rules.

It is not very different from an employee that goes on maternity leave or SSP - the job still continues and points have been awarded for the job during that period.
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.

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

Post by Camel555 » Thu Apr 02, 2020 7:55 pm

Marc you just explained it perfectly

What I have done for March salary is, furloughed employees from mid march, took the past average and calculated the remaining March period hours, which were more than required anyways, multiplied by the hourly rate and took 80% of the wage.

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

Post by Aaina » Sun Apr 12, 2020 8:20 am

Hi Marc,
You have mentioned above that being furloughed won't impact the job qualification period, however the intro topic - new guidelines mention this:

"Time when your employees were furloughed will not count towards the 12 month period"

Please let me know.

Thanks
Aaina

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

Post by tier1entrepreneur-AA » Sun Apr 12, 2020 9:47 am

Aaina wrote:
Sun Apr 12, 2020 8:20 am
Hi Marc,
You have mentioned above that being furloughed won't impact the job qualification period, however the intro topic - new guidelines mention this:

"Time when your employees were furloughed will not count towards the 12 month period"

Please let me know.

Thanks
Aaina
Time when your employees were furloughed will not count towards the 12 month period


This is the home office statement, which the HO has clarified to us all, so we should follow.

Please see the link below:
https://www.gov.uk/guidance/coronavirus ... -residents

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

Post by marcnath » Sun Apr 12, 2020 10:31 am

Aaina wrote:
Sun Apr 12, 2020 8:20 am
Hi Marc,
You have mentioned above that being furloughed won't impact the job qualification period, however the intro topic - new guidelines mention this:

"Time when your employees were furloughed will not count towards the 12 month period"

Please let me know.

Thanks
Aaina
That is correct. I have tried to correct myself in various posts - missed yours.

When I replied initially, it was my best guess. which is why I said "I can't see...". Obviously it was not a good guess :-)
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.

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

Post by Aaina » Sun Apr 12, 2020 4:07 pm

Great, thank you :) so it won't be counted.

Also on a separate note, the qualifying period for ILR, what if someone gets stuck outside which is what the case is with my dad at the moment. He might not be able to meet the 6 months absence in any 12 month period if the airline routes don't open. Have they provided any clarity on it?

Thank you:)

Regards
Aaina

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

Post by Camel555 » Sun Apr 12, 2020 4:40 pm

Hi all,

is this really true? I just furloughed my employees and will it not count towards my job creation? If true then what are the options now, i cant miss any month of job creation for one job as I am literally on the edge ?

Please anyone?

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

Post by zimba » Sun Apr 12, 2020 5:07 pm

If you are on a Tier 1 Entrepreneur visa and your business has been disrupted
You no longer need to employ at least 2 people for 12 consecutive months each. The 12 month period you are required to employ someone for can be made up of multiple employees across different months.

Time when your employees were furloughed will not count towards the 12 month period.

If have not been able to employ staff for 12 months in total by the time your visa expires, you will be allowed to temporarily extend your stay to give you time to meet the requirement.

These arrangements will continue for applications made after 31 May 2020, where the jobs you are relying on were disrupted due to COVID-19.
https://www.gov.uk/guidance/coronavirus ... -residents
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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