Update: COVID-19 Home Office Concessions For Tier 1 Entrepreneur Migrants

The Coronavirus (COVID-19) pandemic has disrupted the businesses of many, including those currently residing in the UK as Tier 1 Entrepreneur migrants.

This has made it more difficult for Tier 1 Entrepreneur migrants to meet the job creation requirements. Tier 1 Entrepreneur migrants are required to create at least two full-time job roles for settled workers in the UK and each job role has to last for at least 12 months.

As a result, the Home Office have introduced concessions to make the job creation requirements less onerous, as well as to enable those affected to be able to extend their visas provided certain requirements are satisfied. The following are the concessions that have been introduced:

• Tier 1 Entrepreneur migrants can rely on multiple jobs across different months to make up the required 12-month period. This is provided combining multiple jobs will equate to the creation of two full-time jobs;
• Time when employees were furloughed under the UK Government’s Job Retention Scheme will count towards the 12-month period if the employees were paid at least 80% of their normal salary during those relevant months;
• If Tier 1 Entrepreneur migrants have not been able to employ staff for 12 months by the time their visa expires, the Home Office will grant an extension of two years provided that all other requirements for an extension are satisfied and the Tier 1 Entrepreneur migrants are able to evidence that:
  • They have created at least two jobs for settled workers at the point the application for extension is made;
  • They have been unable to meet the normal requirement due to the impact of the pandemic.

In order to qualify for settlement, those who benefit from this concession will be required to demonstrate that they have created two full-time jobs that have lasted for 12 months each in addition to the existing job creation requirement for settlement.

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.

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