On 3 April The Home Office released further guidance relating to Tier 1 Entrepreneur Migrants whose businesses have been disrupted by the on-going COVID-19 pandemic and the UK Government’s responsive measures.
It has been confirmed that Tier 1 Entrepreneur Migrants can furlough their employees as part of the Coronavirus Job Retention Scheme (CJRS), although any period for which employees are furloughed will not count towards the 12-month job creation requirement.
The Home Office has also confirmed that any Tier 1 Entrepreneur Migrant who is unable to create at least two full-time jobs (where each job has lasted for a minimum of 12 months) by the date their visa expires will be allowed to temporarily extend their stay in order to meet the requirement.
However, it has yet to be confirmed how the Home Office will assess the criteria for this temporary extension, to whom it will be applicable, the application process and for how long any extension of leave will be granted.
We have contacted the Home Office policy team seeking further clarification of these issues and are monitoring all updates relating to this concession.
The recent announcement further confirmed that Tier 1 Entrepreneur Migrants “no longer need to employ at least 2 people for 12 consecutive months each. The 12-month period [they] are required to employ someone for can be made up of multiple employees across different months”.
It is unclear why this statement has been included in the update, since this is not a concession or change of policy for job creation under the Tier 1 Entrepreneur route. Indeed, it has always remained possible for Tier 1 Entrepreneur Migrants to rely on multiple employees across different months to meet the requirement, as long as those employees carry out the same job and tasks.
Gherson has extensive experience with this category. Should you require any assistance or advice with regards to your status under the Tier 1 Entrepreneur route, please do not hesitate to contact us.
Please note that the information in this blog is current at the date and time of posting. The situation regarding policy and guidance based on the COVID-19 pandemic is subject to change at short notice. We shall be monitoring all aspects of UK immigration which may be impacted by the coronavirus closely, so please do keep updated with further blogs and articles which we will be posting on this site.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
Immigration Consultant and Trainee Solicitor in our Private Client department