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Covid-19_FAQ Tier 1

Aston Brooke Solicitors is a reputable law firm based in Harrow, Middlesex. We have been serving our valued customers for over a decade by providing high quality, bespoke legal services such as Conveyancing, Litigation, Immigration and Wills & Probate and more. In light of the current COVID-19 outbreak, we are proud to be at the forefront of providing our customers with up to date news and advice on regulations regarding COVID-19. We will update our information regularly as per instructions from the Government.

During this difficult period surrounding Coronavirus (COVID-19) you may feel that there is a lot of uncertainty in respect of your current immigration status as a Tier 1 (Entrepreneur) Migrant having setup a business and invested a minimum of between £50,000 and £200,000 in the United Kingdom, and possible impacts that occur when taking various steps.
Aston Brooke Solicitors has an exceptionally qualified and trained legal team who are committed to supporting individuals like yourself and continually keep up-to-date with changes in the law and are able to fully assist and advise you practically on all aspects of immigration law.
We have put together some FAQs in respect of any immediate questions that you may have as a Tier 1 (Entrepreneur) Migrant during this uncertain time:

No. You can furlough your employees but this period will not count towards the requisite 12-month period. If by the time of the extension/settlement application you have not reached the requisite 12-month period you can apply for a short extension to the Home Office to meet this requirement.

Yes. It has been clarified that Tier 1 Entrepreneurs are able to meet the job creation requirement by combining multiple jobs across different months during the relevant 12-month period. You no longer need to employ at least 2 people for 12 consecutive months each. This offers some flexibility for Entrepreneurs who may otherwise be at risk of not meeting the requirements for the next stage of their immigration process.

If your visas are about to expire you must make an application to extend/settle on or prior to this date, otherwise you will be deemed by the Home Office to be an overstayer. All dependants must be included in the application.

If your visas are about to expire you must make an application to extend/settle on or prior to this date, otherwise you will be deemed by the Home Office to be an overstayer. Your dependants must make a separate application from abroad prior to the expiry of their respective visas.

Yes. Your dependants can apply from the UK to switch to Tier 1 Entrepreneur dependants until 31 May 2020 if their leave expires between 24 January 2020 and 31 May 2020. They will need to meet the requirements of the route they are applying for and pay the UK application fee.

An extension/settlement application must be made within 14 days of leave expiring and that period, at the discretion of the Home Office, can be overlooked if it considers that there is a good reason beyond your control or that of your representatives in failing to make it in-time. You will need to clearly setting out all of the reasons with supporting evidence as to why it was not submitted in-time in order for the Home Office to exercise its discretion.

No. Public funds are defined in law as welfare benefits such as income support, housing benefit, council tax benefit, child benefit etc and does not include Government Loans. As the definition at present does not include Government Loans you will not be deemed to have relied upon public funds for the purposes of your business.

No. Applicants must have been spent a continuous period of five years lawfully in the United Kingdom as a Tier 1 (Entrepreneur) Migrant. Provided when the settlement application is made you have not been out of the United Kingdom for a period of 180 days or more in each of the five consecutive 12-month periods then this will have no impact. If you have exceeded the requisite period due to the COVID-19 lockdown, applications can still be made where the Home Office will exercise discretion.

One of the conditions of being granted an extension is that the Applicant has genuinely operated the initial business whilst he/she has had leave as a Tier 1 (Entrepreneur) Migrant and is still trading within the UK economy. As the business is closed, you can no longer extend as a Tier 1 (Entrepreneur) Migrant however, you can switch in-country and make an application as an Innovator Migrant prior to your current visa expiring. You have to demonstrate that you have a minimum of £50,000 available to invest in a new business and it is endorsed by a Home Office approved endorsing body, for example, The Bakery, CyLon, Fortunis Capital Ltd, Founders Factory etc.

No. You can change your business as long as you have valid reasons for changing which are supported with relevant evidence.

An Applicant can apply for settlement up to 28 days before reaching the qualifying five year period. You will need to gather all of the requisite specified documents and lodge the application to the Home Office online as soon as is possible as you are currently within the 28-day period to do so.

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Professional Experts…
I first used Aston Brooke Solicitors over 3 years ago. Ever since then I have given them all my legal work, I find their staff to be very helpful and easy to talk to. I have brought over 7 residential properties and 2 commercial properties - each transaction has been dealt with professionally and I have always been kept informed.

Mr A Bajwa

Great Knowledge and Efficient
I was put in touch with solicitors at Aston Brooke through a mutual friend to handle a personal Health Care case. I can not speak highly enough for the service I received. My family and I are forever grateful for the all the help on our case. Thank You.

Mr M Grice

Easy to talk to
Ray Purewal at Aston Brooke was my point of contact and I found him to be a great source of knowledge for my case. He handled everything swiftly and dealt with the opposition in the best way possible. Many Thanks Ray!

Miss L Walker

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