The government has today announced that any period employees spend on furlough under the Coronavirus Job Retention Scheme cannot be counted towards the 12 months’ consecutive employment required under the job creation criteria.
However, the rules on job creation have been relaxed so that jobs are no longer required to have existed for a consecutive 12 months before they can be counted and Entrepreneurs can now combine different jobs to make up a 12-month period. (Note, the announcement confusingly uses the words ‘people’, ‘someone’ and ‘employees’ rather than making it clear it is the roles or jobs that need to have existed for 12 months, as per the existing Rules and guidance, not an individual’s employment. Presumably it is safe to assume these roles can be different roles or there would be no change from the existing Rules, although we will seek to confirm this with UKVI).
If an Entrepreneur is unable to employ staff for the required 12-month job periods by the time their leave expires they can apply for a temporary extension of stay until they are able to do so.
We will update you with any further details as soon as they are announced.