Question to the Home Office:

To ask the Secretary of State for the Home Department, for what reason time when employees are furloughed does not count towards the 12 month period for the purposes of Tier 1 entrepreneur visa despite employees being considered as employed during furlough; and if she will take steps to change that policy and ensure that the period of furlough does count towards meeting the conditions of the visa.

To extend leave or apply for settlement, Tier 1 Entrepreneurs must demonstrate they are undertaking ongoing business activity. The Covid-19 pandemic has caused disruption to many businesses and in light of this a number of Tier 1 Entrepreneur requirements have been relaxed to make sure applicants are able to remain in the UK.

Ordinarily, applicants must show they have created jobs for at least two people for 12 consecutive months. They will be allowed to include non-consecutive periods, as well as amalgamate multiple jobs to make the equivalent of two full time employees. For those applicants who are still unable to meet these requirements before the expiry of their visa, the Government will allow more time to qualify via temporary extensions of leave.

The Government continue to keep policies under review to ensure individuals, including those on a Tier 1 Entrepreneur visa, do not suffer any detriment as a result of this pandemic.