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

[Camel555]

Thanks Zimba, I have just read it now, at least they gave us the extension option but still few points. I know its all evolving situation and you might not be able to comment but worth mentioning these points: pls comment

Will they take fee for this extension, and how will this extension work, would the lost time be added into new extension or how?

My one job requirement is fulfilled since Feb2020 but the other job is on the edge with my extension which is due in June, this second job was created in May 2019. I furloughed my employees from 16th March, and from 1st till 15th march, their hours exceed the 30/week requirement. So does the march period count as employed time?

What if someone is stuck outside UK and cant come back before their visa expires?

[marcnath]

Thanks Zimba, I have just read it now, at least they gave us the extension option but still few points. I know its all evolving situation and you might not be able to comment but worth mentioning these points: pls comment

Will they take fee for this extension, and how will this extension work, would the lost time be added into new extension or how?

My one job requirement is fulfilled since Feb2020 but the other job is on the edge with my extension which is due in June, this second job was created in May 2019. I furloughed my employees from 16th March, and from 1st till 15th march, their hours exceed the 30/week requirement. So does the march period count as employed time?

What if someone is stuck outside UK and cant come back before their visa expires?

As you said, details are scant. We need to await an updated guidance document.

If your employees furlough only started on 16th, i.e. you are not claiming back the salary for 1st to 15th, that period should still count.

But we need to await formal guidelines.

How the extension works is also open but unlikely they will charge for it or will be a smaller charge - they are not going to be doing the verification that they would do for normal extensions.

Your guess is as good as mine on those who can't come back. It all depends on what restrictions are in place. You can travel to UK still from most places. But the advice is to contact local UK embassy and confirm

[iocam]

Thanks Zimba. CR001, marcnath

I put a summary as below in one post, if you don't mind (put righful quote where it comes from).

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?

They are not. It is very clear now as explained above

(1) Small Business Grant Fund £10,000 who received SBR

It is clear the grant £10,000 is not violating the "no public funds" rule. First, it is for business (company as entity), not the person (as immigrant), who get the grant. Second, it is just not public fund under NRPF definition.

Updated guidance.
http://www.nrpfnetwork.org.uk/Documents ... tsheet.pdf
... The following assistance can be claimed by a person who has no recourse to public funds (NRPF) ...

 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
...

This is okay for T1E to get below and not violating "no public funds" rule.

(2) Job Retention Scheme (aka 80% wage paid by government/ furloughed workers)
(3) Self-employment Income Support Scheme
Note: but months that paid furloughed workers do not count for the 12 months job creation.


Lastly, I wanted to point out --> like many respected seniors and guru here, who were T1E themselves, we are not free-riders. We contribute this country. We enter this country not by being a lucky sperm. We enter this country by being evaluated for business idea, amount of money you invest (not a company just open the shell and done), number of job created, even your education and English standard are evaluated. I bet most of you spend most of your whole life saving and effort in doing this. Now in difficult time, why on earth someone would blame us to get this rightful help after we contribute. They should blame someone else than us, we are victim, not beneficiary in this crisis.

(Like others, my business is stopped totally now. I don't blame. But I heard too many negative messages that immigrant business should not get help. So I just want to share a positive message. Let's get through it and you will be more successful. All my best wishes to you all)

[happyguy]

Dear Moderators
I am on Tier 1 entrepreneur 200k visa since july 2015 and due to apply for ILR in june 2020
I applied for the 10,000 business rates grant scheme one week earlier and today
I have received the GBP 10,000 grant from business rates grant scheme in company business account. Before that I emailed to home office and local government about whether these funds are considered as recourse to public funds or not, but everybody is confused nobody knows the answer.So I need to find out from you whether these funds are ok for my company or shall I refund this payment back .

[marcnath]

Dear Moderators
I am on Tier 1 entrepreneur 200k visa since july 2015 and due to apply for ILR in june 2020
I applied for the 10,000 business rates grant scheme one week earlier and today
I have received the GBP 10,000 grant from business rates grant scheme in company business account. Before that I emailed to home office and local government about whether these funds are considered as recourse to public funds or not, but everybody is confused nobody knows the answer.So I need to find out from you whether these funds are ok for my company or shall I refund this payment back .

Please read earlier posts in this thread. This has been clarified.
uk-tier-1-entrepreneur-visas/impact-due ... l#p1891290

[happyguy]

Dear Marcnath
I have read the posts in earlier threads which you posted. It means these funds clearly will not be considered as public fund. So there is no problem whatsoever as far as immigration rules are concerned as I am applying for ILR in the next 2 months.I can accept and utilise these funds for business. Please Marcnath reply to this.

[happyguy]

Dear Marcnath
Please can you reply to the above post. Thanks once again.

[marcnath]

Dear Marcnath
I have read the posts in earlier threads which you posted. It means these funds clearly will not be considered as public fund. So there is no problem whatsoever as far as immigration rules are concerned as I am applying for ILR in the next 2 months.I can accept and utilise these funds for business. Please Marcnath reply to this.

Yes

[wanttostayintheuk]

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.

[CR001]

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.

10 year long residence ILR does NOT have the same requirements as ILR based on Tier 1. Long residence is ONLY based on 10 years legal stay, not job creation etc.

[marcnath]

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

[wanttostayintheuk]

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?

[zimba]

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

[wanttostayintheuk]

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?

[marcnath]

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

[wanttostayintheuk]

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.

[marcnath]

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

[zimba]

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

[Anontier20]

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

[zimba]

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/

[Anontier20]

Great!

[iocam]

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 ???

[marcnath]

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.

[zimba]

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

[Anontier20]

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?