The Home Office has amended its coronavirus (COVID-19) advice for Tier 1 Entrepreneurs whose businesses have been disrupted by the ongoing pandemic.
It has been clarified that Tier 1 Entrepreneurs are able to meet the Job Creation requirement by combining multiple jobsacross different months during the relevant 12-month period.
The usual Immigration Rules state that “different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period”.
The Home Office’s updated guidance of 20 April 2020 therefore provides some flexibility for Entrepreneurs who may otherwise be at risk of not meeting the requirements for the next stage of their immigration process.
It continues to be the case that Tier 1 Entrepreneurs are able to furlough any employees as necessary, although time spent on furlough will not be counted towards meeting the Job Creation requirement.
Tier 1 Entrepreneur migrants who are not able to employ staff for 12 months in total by the expiry of their visa will be allowed a temporary extension in order to gain additional time to meet the requirement. This arrangement will continue to apply to applications made after 31 May 2020 where job creation has been disrupted by the coronavirus pandemic.
Gherson has extensive experience with Tier 1 Entrepreneur visa applications. Should you require any assistance or advice in regards to your status under the Tier 1 Entrepreneur route, please contact Gherson.
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