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

wanttostayintheuk wrote: ↑

Thu Apr 23, 2020 3:36 pm

I understand we can furlough employees, and that these months will not count towards the 12 month total required; I also understand they will extend our visas so that we may finish the 12 months required. However, I am still wondering: how will these 'lost months' where we have furloughed our employees factor into ILR? Will they not be counted towards the end total? I am working towards a 10 year long residence, but I assume the answer will apply to both the ten year and five year routes.

Job requirements have no impact on Long Residence ILR

Thanks guys, I guess I just wanted to make sure that the months where employees were being furloughed would not be 'discounted' towards ILR - almost as if they didn't happen. But it sounds like you are saying that for Long Residence ILR, as long a I had a continuous 10 years legal stay etc - it will all be counted?

wanttostayintheuk wrote: ↑

Thu Apr 23, 2020 3:45 pm

Thanks guys, I guess I just wanted to make sure that the months where employees were being furloughed would not be 'discounted' towards ILR - almost as if they didn't happen. But it sounds like you are saying that for Long Residence ILR, as long a I had a continuous 10 years legal stay etc - it will all be counted?

PLEASE PLEASE PLEASE READ what has been posted BEFORE in this thread

uk-tier-1-entrepreneur-visas/impact-due ... l#p1893738

SET(LR) has nothing to do with Tier 1E rules or requirements

Hi guys, thanks for the info. Something I’m still unclear on having read previous posts - if we are furloughing employers, can the 80 percent pay we give them fall below the normal minimum wage? Since these months are not being counted towards the 12 month total, it seems like a furloughed employee getting 80 percent of their usual pay would not have to be paid a full minimum wage during this time. Thoughts?

wanttostayintheuk wrote: ↑

Fri Apr 24, 2020 12:57 pm

Hi guys, thanks for the info. Something I’m still unclear on having read previous posts - if we are furloughing employers, can the 80 percent pay we give them fall below the normal minimum wage? Since these months are not being counted towards the 12 month total, it seems like a furloughed employee getting 80 percent of their usual pay would not have to be paid a full minimum wage during this time. Thoughts?

No, you can't. Employment law is still applicable and applies to all furloughed employees

Marcnath, I have done some research and apparently employment law dictates that if 80% of pay takes an employee below minimum wage, this is fine. The only question is whether that rule still applies in terms of the visa.

wanttostayintheuk wrote: ↑

Fri Apr 24, 2020 4:20 pm

Marcnath, I have done some research and apparently employment law dictates that if 80% of pay takes an employee below minimum wage, this is fine. The only question is whether that rule still applies in terms of the visa.

ok. I was given a contradictory information in a webinar I attended. But you may be right as long as the employees are not doing anything related to the business like training, etc. And you would need to take professional advice, but I assume that would be the same if the employee is on holiday.

Your visa conditions only states that you have to be in line with employment law at all times. So, if the law allows it, then there should be no issue

wanttostayintheuk wrote: ↑

Fri Apr 24, 2020 4:20 pm

Marcnath, I have done some research and apparently employment law dictates that if 80% of pay takes an employee below minimum wage, this is fine. The only question is whether that rule still applies in terms of the visa.

It is NOT 80% of pay.
uk-tier-1-entrepreneur-visas/impact-due ... l#p1892176

Hello,

Any thoughts on the govt backed 100% small business loan and if it's ok to apply for it and speculation on Home Office reaction to this? And any idea where one applies and how for this? TIA

Anontier20 wrote: ↑

Wed Apr 29, 2020 4:01 pm

Hello,

Any thoughts on the govt backed 100% small business loan and if it's ok to apply for it and speculation on Home Office reaction to this? And any idea where one applies and how for this? TIA

That has nothing to do with immigration. Any business can apply for these.
https://www.businesssupport.gov.uk/

Great!

CR001 wrote: ↑

Sun Mar 29, 2020 9:49 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

Updated guidance NRPF

5 Assistance for people who lose employment
The Government has announced a series of measures to help people who 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 types of assistance are not ‘public funds’ for immigration purposes and can be
claimed by a person who has no recourse to public funds when they meet the relevant
requirements:
 Statutory Sick Pay (SSP)
 ‘New style’ or contribution-based Jobseeker’s Allowance (JSA)
 ‘New style’ or contribution-based Employment and Support Allowance (ESA)
 Wages paid through the Coronavirus Job Retention Scheme (‘furloughed workers’)
 Coronavirus Self-employment Income Support Scheme
 Other work-related benefits that are listed here

The following types of assistance are ‘public funds’ for immigration purposes and cannot be
claimed by a person who has no recourse to public funds:
 Universal Credit
 Other benefits on this list

So they cut the wording  Assistance for businesses and updated self-employment scheme. I am curious a bit. So they have all assiatnace to "person" as okay. But assistance to "business" is not mentioned. Does it mean they change in term of £10,000 grant ???

This has been repeated a number of times - the Visa is not granted to your business. It is granted to a "person". So there no immigration rules for businesses and so no impact.

Also must add that any loan or assistance you get for your business CANNOT be counted as amount invested in the business.

Great!

I was thinking as a director if I get furloughed, but staff are to carry on as in normal, as they have more work to do than I do, as I normally look after sales and business development, which is currently not happening, would this be suspicious to HMRC and Home office? Please note I have not taken any dividends from the business either so was on £700 pcm. Thoughts?

Zimba wrote: ↑

Fri May 01, 2020 4:50 pm

Also must add that any loan or assistance you get for your business CANNOT be counted as amount invested in the business.

Would this be more relevant to the those at the start of the Tier 1 journey, as opposed to pre-ILR?
On the back of this, I wanted to ask, if a business did take a loan to help cover cashflow in light of lack of revenue due to the lockdown, would that just be noted as additional funds in the accounts for H/O as opposed to initial investment money? In essence regardless of the value it's still debt that the company takes on so the question is if directly impacts the points checklist?

Anontier20 wrote: ↑

Sun May 03, 2020 3:55 pm

Zimba wrote: ↑

Fri May 01, 2020 4:50 pm

Also must add that any loan or assistance you get for your business CANNOT be counted as amount invested in the business.

Would this be more relevant to the those at the start of the Tier 1 journey, as opposed to pre-ILR?
On the back of this, I wanted to ask, if a business did take a loan to help cover cashflow in light of lack of revenue due to the lockdown, would that just be noted as additional funds in the accounts for H/O as opposed to initial investment money? In essence regardless of the value it's still debt that the company takes on so the question is if directly impacts the points checklist?

I was being very explicit that you cannot use it to score points towards investment That is all.

I should have clarified, I am pre-ILR, so have already shown them the £50k investment documents in previous applications. I meant in terms of the small business bounce back loan, would that be an issue?

Anontier20 wrote: ↑

Sun May 03, 2020 3:47 pm

Great!

I was thinking as a director if I get furloughed, but staff are to carry on as in normal, as they have more work to do than I do, as I normally look after sales and business development, which is currently not happening, would this be suspicious to HMRC and Home office? Please note I have not taken any dividends from the business either so was on £700 pcm. Thoughts?

Please can I get comments/ feedback for this inquiry? TIA.

Anontier20 wrote: ↑

Mon May 04, 2020 11:42 pm

I should have clarified, I am pre-ILR, so have already shown them the £50k investment documents in previous applications. I meant in terms of the small business bounce back loan, would that be an issue?

You do not need to prove investments again.

my ILR application is due in next few weeks

i have read all post for grant scheme and bounce back scheme

as advised by zimba and others, migrants are allowed to access all scheme

1. i was suggested by representative that home office has permitted furlough scheme to access for tier 1 applicants but nothing has been confirmed for grant scheme and bounce back scheme, so i was advised not to use this scheme for now

after reading post on here i have applied for scheme and received money for business

questions

1. can you please correct me if i am wrong at any point?

2. if home office refuse visa on this basis, how can we appeal if home office does not give any confirmation like furlough scheme?

3. if by the time making an application, if home office does not confirm anything about these.. if i do refund this money, would that make any impact ?

this is the worse case scenario questions..

There are NO restrictions on using the schemes in place as discussed in length. You simply CANNOT use the grants or furlough employees to claim points towards your Tier 1E visa. That is all. Just like ANY other business, you can seek any form of help that is available to any business regardless of your visa.

DO NOT confuse scoring points for extension/ILR application with explicit conditional visa restrictions There are no conditions attached to your visa that restricts you from accessing the schemes at all.

okay thank you for your quick response

would home office give any confirmation officially on this in near future to make it more clear?

rahul190 wrote: ↑

Tue May 12, 2020 6:22 pm

would home office give any confirmation officially on this in near future to make it more clear?

There is enough information from official sources provided in this thread