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23 Apr COVID-19: Tier 1 Entrepreneur visa update

Posted on April 23, 2020 in Working in the UK by
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On 23 March 2020, the Prime Minister announced that the UK will be in lockdown for three weeks due to the COVID-19 pandemic.

On 16 April 2020, the Foreign Secretary Dominic Raab confirmed at the Government’s daily press conference that the UK would remain on lockdown for at least three more weeks to avoid a second wave and save lives.

It is undeniable that the lockdown has also affected the livelihood of many and it is feared that a large number of small and medium businesses as well as entrepreneurs might sadly not recovered from the current crisis.

Under Table 6 of Appendix A, if a Tier 1 Entrepreneur migrant would like to apply for Indefinite Leave to Remain (ILR), he/she must obtain 20 points through the job creation. The Immigration Rules state:

The applicant has:

(a) established a new business or businesses that has or have created the equivalent of at least 2 new full-time jobs for settled workers, or

(b) taken over or invested in an existing business or businesses and their services or investment have resulted in a net increase in the employment provided by the business or businesses for settled workers by creating the equivalent of at least 2 new full-time jobs for settled workers.

The jobs must have existed for at least 12 months during the applicant’s most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of application.

However, it is understandable that Tier 1 Entrepreneur migrants’ businesses might be disrupted. The Home Office has therefore announced a significant concession for Tier 1 Entrepreneur migrants who will no longer need to employ at least 2 settled workers for 12 consecutive months each.

The 12 months period can be made up of multiple jobs and settled workers across different months. For example, a job will be created if the company has recruited an employee in job role A for the first 5 months, and has then recruited someone else in role B for another 7 months.

Please note that time spent on the Job Retention Scheme, while the worker was furloughed, will not count towards the 12 months period.

If a Tier 1 Entrepreneur migrant has not been able to employ settled employees for 12 months in total by the time his/her visa were to expire, he/she would be allowed to temporarily extend to meet the requirement.

These arrangements will continue for applications made after 31 May 2020, where the jobs migrants are relying on were disrupted due to COVID-19.

Contact Our Immigration Team

For expert advice regarding any aspect of the Tier 1 Entrepreneur visa application, please contact our immigration team on 0203 384 3075.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.