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

[pokekap07]

Hi Moderators,
Most businesses from next week looks to shut down temporarily (mine including).
Would I be able to claim 80% of wages for my employees and put in the remaining 20% from now on?
I have a shop in Camden (which already closed until further notice) so one of my employees is already on a paid leave.
My other employee (warehouse staff) will not be coming in from next week. Hence, this will have to be paid leave too.

If I do the above mentioned will it have any negative impact on my visa?

I understand this is a business-related matter and maybe not immigration but rti/fps could get affected depending on how the government chooses to cover the wage costs.

[Ali0383]

Hi
Same here one employer is diabetic working from home and 2and employer she is pregnant I really dont understand what to do cant fire these people and my most of the Clients are European really dont know what to do.

[Mohammad1234]

Guyz I'm at the same situation, I decide at least for a month I will pay them not to affect my visa situation. Let's see what will be annouced from the Home office next few days or weeks.

[marcnath]

These are unlikely to have any impact on your visa requirements as long as you do not have to lay the employees off.

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

[zamaha]

Dear Monarch
My business has been closed due to that now. So no work! I still have employees but the office is closed now?

If I claim the help from government to pay 80% of my employees is this me claiming or the business?
As my husband and I are also both employees are the company (with two other people), if business is the one who claims for the wages, can the business also pay us our wages like the other two?

Thank you

[zamaha]

When the office is closed so how I can show 30 hours job?

[marcnath]

When the office is closed so how I can show 30 hours job?

It is the specification of the job. The JOB does not change when someone goes on holiday or falls sick or get stuck in traffic. I can't see that these forced closures are any different - the JOB Is still 30 hrs but it just can't be done due to other reasons. When you file RTI, you will still be filing it as a FT job.

[zamaha]

Thank you dear.
Could you please answer my second question asked above as well?
Many thanks

[zamaha]

hi dear
As I did not want to tag my questions under others’ posts, I started new topic?
Regarding the gov cover 80% of employees’ wages, as my office has been shut due to that, I am in a difficult situation. I will appreciate your help.


My employees are on hourly pay payroll? How should I claim for them?

Can I (on behalf of the company) claim 80% of my husband’s wages as he is working in the company and is on payroll for couple of years now as well?

Can I get my 80% as the director and employee?

Is it consider a public fund or it is an emergency fund for employees and nothing like universal credit? The office is closed so basically no cashflow and I am in 3rd year of my visa. All required money and a lot more has been invested already.


Many thanks

[zimba]

I expect these queries dominate the forum from now. Having multiple topics on this is pointless, so all discussions will be restricted to this thread only.

hi dear
As I did not want to tag my questions under others’ posts, I started new topic?
Regarding the gov cover 80% of employees’ wages, as my office has been shut due to that, I am in a difficult situation. I will appreciate your help.


My employees are on hourly pay payroll? How should I claim for them?

Can I (on behalf of the company) claim 80% of my husband’s wages as he is working in the company and is on payroll for couple of years now as well?

Can I get my 80% as the director and employee?

Is it consider a public fund or it is an emergency fund for employees and nothing like universal credit? The office is closed so basically no cashflow and I am in 3rd year of my visa. All required money and a lot more has been invested already.


Many thanks

This is not the place to seek help on what and how you can claim the government bailout (this is not technically public money or universal credit, assume this as a government loan), so please seek help and advice from other sources on how to claim. This is an immigration forum

I expect this to have little influence on your immigration affairs in general. Assume this as a government loan. Under the rules for Tier 1E, your wages cannot come from your own investments.

[zimba]

This government bailout (loan, relief, whatever..) is a business relief that covers 80% of employee wages. You may be able to claim this for your business even as a Tier 1E migrant. This is not public funds as we know it. UKVI may clarify this in the future.

However Tier 1E migrants have NEVER been eligible to claim individual/personal reliefs (considered public funds) like Jobseeker's Allowance and low income benefits, universal credit, child benefit, tax credits, etc. You personally CANNOT claim these so that restriction remains the same.

https://www.businesssupport.gov.uk/

[zamaha]

Thank you dear Zimba
So, can or cannot I claim the 80% of our wages through the new system? Me and my husband are both employees of the company that I am director on tier 1 visa and dependant visa.
It is not clear for me, is it consider public fund or it is a business matter where a business per se get supports from gov and pay for employees regardless of their immigration status? We are not applying any other specific public funds mentioned.
Thank you

[zimba]

Thank you dear Zimba
So, can or cannot I claim the 80% of our wages through the new system? Me and my husband are both employees of the company that I am director on tier 1 visa and dependant visa.
It is not clear for me, is it consider public fund or it is a business matter where a business per se get supports from gov and pay for employees regardless of their immigration status? We are not applying any other specific public funds mentioned.
Thank you

This is NOT a personal relief. Immigration status of an employee should not be a concern as long as they are allowed to work in the UK. Whether directors on payroll can claim their wages is a different question. Again, seek help from the government on how to claim.

[shohjura]

Hi guys,
Hope everyone is well.
I am on a Tier 1 Entrepreneur visa and due to apply for indefinite in October this year. My question-is the new launched 'Self-employment Income Support Scheme' considered public fund? This question is for myself

How about getting salary through 'Coronavirus Job Retention Scheme'-is this considered public fund?-this is for my brother on a student visa (20hrs) and for my friend on Turkish Employed leave to remain who both get salaries and considering getting paid through this scheme

Thanks!

[zimba]

I am on a Tier 1 Entrepreneur visa and due to apply for indefinite in October this year. My question-is the new launched 'Self-employment Income Support Scheme' considered public fund? This question is for myself

HMRC will determine eligibility on their own for the self employment support scheme
https://www.businesssupport.gov.uk/self ... rt-scheme/

How about getting salary through 'Coronavirus Job Retention Scheme'-is this considered public fund?-this is for my brother on a student visa (20hrs) and for my friend on Turkish Employed leave to remain who both get salaries and considering getting paid through this scheme

See above

[shohjura]

Hey Zimba,
Thanks for your reply to this-HMRC will determine eligibility on their own for the self employment support scheme
https://www.businesssupport.gov.uk/self ... rt-scheme/

So, I work as self employed for my consultancy business and I think I will be eligible judging from their criteria, but will this be considered as accessing public funds as the name of the scheme is called income support which is a public fund according to this list and I am not sure if HMRC officer will ask about my visa status at all-they don't ask for it when registering for self assessment for the record
https://www.gov.uk/government/publicati ... blic-funds

Many thanks

[zimba]

Hey Zimba,
Thanks for your reply to this-HMRC will determine eligibility on their own for the self employment support scheme
https://www.businesssupport.gov.uk/self ... rt-scheme/

So, I work as self employed for my consultancy business and I think I will be eligible judging from their criteria, but will this be considered as accessing public funds as the name of the scheme is called income support which is a public fund according to this list and I am not sure if HMRC officer will ask about my visa status at all-they don't ask for it when registering for self assessment for the record
https://www.gov.uk/government/publicati ... blic-funds

Many thanks

Are you registered as self employed with HMRC ?? Bear in mind that company directors are NOT considered self employed
UKVI has not clarified if the government help scheme is considered public funds. I've contacted the UKVI to get some clarification on this. Stay tuned

[shohjura]

Are you registered as self employed with HMRC ?? Bear in mind that company directors are NOT considered self employed->it says 'You can work for your business, including being self-employed or Director of a company'

I have 2 businesses-1 where I am a director and don't take any salary/dividends etc and another consultancy business where I am registered as self employed and pay taxes on that basis

thanks

[mig2015]

Hi

For those in receipt of Small Business Rates Relief, there is a Business Support Grant of a £10,000, made available by government though local councils. This basically is available to businesses that qualify for Small Business Rates Relief (SBRR).
My business has received a letter from local council, which says this business is eligible to this grant, so they are asking details of business and also the person who replies to this letter. I'm post-extension pre-ILR Tier 1 E and I'm wondering if claiming this business support grant is deemed as recourse to public funds or not.

I would appreciate if respected gurus can shed some light on this matter too

[zimba]

Hi

For those in receipt of Small Business Rates Relief, there is a Business Support Grant of a £10,000, made available by government though local councils. This basically is available to businesses that qualify for Small Business Rates Relief (SBRR).
My business has received a letter from local council, which says this business is eligible to this grant, so they are asking details of business and also the person who replies to this letter. I'm post-extension pre-ILR Tier 1 E and I'm wondering if claiming this business support grant is deemed as recourse to public funds or not.

I would appreciate if respected gurus can shed some light on this matter too

We do not know as repeated several times now. I've contacted UKVI on this but have not got a response for now.
Also I would like to remind you that many of these loans may not be granted to all businesses by lenders. If you did not have a good business to begin with before the whole pandemic started, a lender may not agree to lend you money. Many lenders understand that there will be quite a bit of abuse of current circumstances by poorly performing businesses to get a nice payout BUT there is no chance for them paying it back in the future. Just wanted to point this out here as it seems many have failed to read the small print on these loan/help offers.

[mig2015]

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?

[zimba]

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

[marcnath]

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.

[zamaha]

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?

[zimba]

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.