Tier 1 COVID19 jobs concession update.

[CULLINAN]

Job Creation: If the applicant holds leave as a Tier 1 (Entrepreneur) and their business has been impacted by the Coronavirus (COVID-19) pandemic
If an applicant holds leave as a Tier 1 (Entrepreneur) and their business has been disrupted as a result of the Coronavirus pandemic, they do not need to employ at least 2 people for 12 consecutive months.
The 12 month period they are required to employ someone for can be made up of multiple jobs across different months, providing when combined this is equivalent to 2 full time jobs.
Time when their employees were furloughed under the UK Government scheme will count towards the 12 month period if they have been paid at least 80% of their normal salary.
If an applicant has not been able to employ staff for 12 months by the time their visa expires, you must be satisfied that:
• they have created at least 2 jobs for settled workers at the point they make the application
• that they have been unable to meet the normal requirement due to the impact of the pandemic
Where you are satisfied that they meet these and the other requirements for the route you must grant leave for a period of 2 years.

https://assets.publishing.service.gov.u ... gov-uk.pdf

[Anontier25]

Hello,

Oh I hadn't seen this and posted a same update about this, without getting too excited, what exactly does this mean for us on Tier 1 Entr visas pre ILR?

[umer.shahzad1]

Job Creation: If the applicant holds leave as a Tier 1 (Entrepreneur) and their business has been impacted by the Coronavirus (COVID-19) pandemic
If an applicant holds leave as a Tier 1 (Entrepreneur) and their business has been disrupted as a result of the Coronavirus pandemic, they do not need to employ at least 2 people for 12 consecutive months.
The 12 month period they are required to employ someone for can be made up of multiple jobs across different months, providing when combined this is equivalent to 2 full time jobs.
Time when their employees were furloughed under the UK Government scheme will count towards the 12 month period if they have been paid at least 80% of their normal salary.
If an applicant has not been able to employ staff for 12 months by the time their visa expires, you must be satisfied that:
• they have created at least 2 jobs for settled workers at the point they make the application
• that they have been unable to meet the normal requirement due to the impact of the pandemic
Where you are satisfied that they meet these and the other requirements for the route you must grant leave for a period of 2 years.

https://assets.publishing.service.gov.u ... gov-uk.pdf

it means jobs will count in furlough scheme if the employer have paid 80 percent wages and 20 percent income has been furloughed ? is this up to date?

[CULLINAN]

Yes the above guidance was updated on 5th Nov. The gov website is still not updated but you can follow the guidance. Best to quote in the cover letter in case you want to rely on that.

[Anontier25]

Hi,

Is this is the website where it would be amended?

https://www.gov.uk/guidance/immigration ... sed-system

[CULLINAN]

Hi,

Is this is the website where it would be amended?

https://www.gov.uk/guidance/immigration ... sed-system

https://www.gov.uk/guidance/coronavirus ... -residents

[roniksoni]

Job Creation: If the applicant holds leave as a Tier 1 (Entrepreneur) and their business has been impacted by the Coronavirus (COVID-19) pandemic
If an applicant holds leave as a Tier 1 (Entrepreneur) and their business has been disrupted as a result of the Coronavirus pandemic, they do not need to employ at least 2 people for 12 consecutive months.
The 12 month period they are required to employ someone for can be made up of multiple jobs across different months, providing when combined this is equivalent to 2 full time jobs.
Time when their employees were furloughed under the UK Government scheme will count towards the 12 month period if they have been paid at least 80% of their normal salary.
If an applicant has not been able to employ staff for 12 months by the time their visa expires, you must be satisfied that:
• they have created at least 2 jobs for settled workers at the point they make the application
• that they have been unable to meet the normal requirement due to the impact of the pandemic
Where you are satisfied that they meet these and the other requirements for the route you must grant leave for a period of 2 years.

https://assets.publishing.service.gov.u ... gov-uk.pdf

Hi
Guys

I guess this means if the employees has been paid 80% of the wages will be count towards job creation even though he has received the furlough of 80% from government and 20% from employer.


Correct me if I am wrong.

Thnx

[umer.shahzad1]

It means for farlough you can claim upto 20 percent of the wages and 80 percent must be paid by employer

[CULLINAN]

It means for farlough you can claim upto 20 percent of the wages and 80 percent must be paid by employer

No, I dont think so. I think, if an employee is paid minimum 80% salary regardless of government claim of 80% it should be okay. Note, some months furlough claim was reduced to 60-70%. So an employee has to be paid minimum 80%. If employer did not top up in those months, they can not be claimed but any months where 80% salary is paid to employee’s should be okay.

At least this is my understanding.

[Anontier25]

Yes I agree with you Culinan although even with the govt 60/70% etc we still had to ensure we were paying them 80% so this time round the 80% comes straight from the furlough instead of the employer having to top up the balance. Although I am anxiously waiting for this to be updated on the gove website- I just double checked still no mention of it albeit it was also updated 5th Nov.

[wanttostayintheuk]

Hello Cullinan, or anyone else who may know the answer, where does it say 'Time when their employees were furloughed under the UK Government scheme will count towards the 12 month period if they have been paid at least 80% of their normal salary' ?

I noticed pages 23 and 40 on the guidance that was linked address the coronavirus, but didnt see that partocular sentence.

Thanks!

[CULLINAN]

Page 91. Top link.

[wanttostayintheuk]

ah perfect, thank you

[Ali313]

Hi Mods,

I have a query regarding the job creation, if an applicant have only 10 months visa left and from now onward creates more than 2 jobs, will the third job satisfy the 2, months each shortage of 2 months ? (If all 3 jobs start at the same time from December 2020).

Thanks

[CULLINAN]

This is un clear reading the guidance. I believe the “12 months” period is crucial.

[umer.shahzad1]

i think so you cannot employees on furlough if you are claiming points maybe they need to update this link as it was last updated on 5th nov
https://www.gov.uk/guidance/coronavirus ... ts#history

[umer.shahzad1]

screenshot.jpg (103.01 KiB) Viewed 8812 times

[CULLINAN]

As long the guidance is updated, follow the guidance as reference point and quote that in the cover letter in case you are relying on it.

[ekbe01]

The 12 month period they are required to employ someone for can be made up of multiple jobs across different months, providing when combined this is equivalent to 2 full time jobs.

Dear Forum,
Is it clear how exactly this will be calculated?
If I have one full-time job that lasts for more than 12 months, will I be able to claim it as one job only or (potentially) as more than one job (add up some part-timers that are/were working for me to get an equivalent of 2 full time jobs similar to what it was a long time ago?
Thank you thank you!

[umer.shahzad1]

As long the guidance is updated, follow the guidance as reference point and quote that in the cover letter in case you are relying on it.

yes but it clearly states that 80 percent of the salary must be given to the employee by the employer they need clear up the things more

[CULLINAN]

As long the guidance is updated, follow the guidance as reference point and quote that in the cover letter in case you are relying on it.

yes but it clearly states that 80 percent of the salary must be given to the employee by the employer they need clear up the things more

Where does it say 80% has to be paid by the employer alone?? It simply means the months where an employee was paid 80% furlough at least and not less.

Time when their employees were furloughed under the UK Government scheme will count towards the 12 month period if they have been paid at least 80% of their normal salary.

[umer.shahzad1]

As long the guidance is updated, follow the guidance as reference point and quote that in the cover letter in case you are relying on it.

yes but it clearly states that 80 percent of the salary must be given to the employee by the employer they need clear up the things more

Where does it say 80% has to be paid by the employer alone?? It simply means the months where an employee was paid 80% furlough at least and not less.

Time when their employees were furloughed under the UK Government scheme will count towards the 12 month period if they have been paid at least 80% of their normal salary.

they are saying if they are paid 80 percent of the wages you know furlough was first 80 percent then gone to 60 percent at the end ! so they are basically asking for 80 percent of the contribution

[wanttostayintheuk]

Umer, this is not clear.

To me the implication is that if your employees on furlough were receiving 80 percent of their pay - period, regardless of who was paying them, they can be counted towards the 12 months.

[marcnath]

Umer, this is not clear.

To me the implication is that if your employees on furlough were receiving 80 percent of their pay - period, regardless of who was paying them, they can be counted towards the 12 months.

I would agree with that interpretation. Remember it is the business that is paying the salary. The business is then being refunded - the government is not paying the employee directly.

[CULLINAN]

Umer, this is not clear.

To me the implication is that if your employees on furlough were receiving 80 percent of their pay - period, regardless of who was paying them, they can be counted towards the 12 months.

I would agree with that interpretation. Remember it is the business that is paying the salary. The business is then being refunded - the government is not paying the employee directly.

I agree.