Tier 1 Entrepreneur Visa holders applying for Extension and Indefinite Leave to Remain applications
For Tier 1 Entrepreneur business owners whose activities are disrupted by Coronavirus, the Home Office has now announced alternatives in meeting the Job Creation criteria:
- If you are unable to employ 2 qualifying workers for 12 consecutive months each, you may combine multiple qualifying employees across different months to make up for the required 12 months’ period.
- If have not been able to employ staff for 12 months in total by the time your visa expires, you will be allowed to temporarily extend your stay to give you time to meet the requirement.
Note: If you have to furlough employees under the Coronavirus Job Retention Scheme, the temporary furlough period will not count towards the qualifying 12 months’ period.
Apart from the above exceptional circumstances, you must continue to fulfil other usual aspects of the Job Creation criteria here https://qc-immigration.com/tier-1-entrepreneur/entrepreneur-job-creation/
Start-up Visa, Innovator Visa or Global Talent Visa applications
Currently, some Start-up or Innovator Visa clients who have secured Endorsement have had to delay their applications, biometric appointments or entries to the UK due to the Coronavirus closures or travel restrictions. We have supported our clients in arranging for an extension with the Endorsing Body for an updated Endorsement letter to be issued at a later feasible date.
In the event that your Endorsement has expired and you have not managed to secure an alternative for the Visa Application to be completed, the Home Office has said that they may be able consider each application on a case-by-case basis if they are willing to apply discretion. Please seek professional legal advice as discretionary cases can be complicated and approval is not guaranteed.
Contact us for further advice from our experience with similar cases.