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Topic: Furlough Scheme as US Expat?  (Read 701 times)

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Furlough Scheme as US Expat?
« on: February 15, 2021, 01:32:09 PM »
Hi all, I just saw what I thought was a very unrelated post about visa financial requirements.  In the post it was discussing not being eligible for universal credit funds, as part of our visa is that we are not eligible for public funds.

Does the furlough scheme from covid count as public funds?  If so, what are the consequences if I was furloughed and receiving payment from my employer as I was completely unaware of this being considered a "benefit" if it actually is.  As if I didn't have enough to be stressed about :(


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Re: Furlough Scheme as US Expat?
« Reply #1 on: February 15, 2021, 01:57:32 PM »
No, the furlough scheme is not considered public funds... because you are not the one claiming it, your employer is.

If you are furloughed, you are still being paid in the same way, through your employer, it's just that your employer is getting the money to pay your salary from the government instead of from their own company. So it has nothing to do with claiming benefits or public funds.



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Re: Furlough Scheme as US Expat?
« Reply #2 on: February 15, 2021, 02:17:50 PM »
No, the furlough scheme is not considered public funds... because you are not the one claiming it, your employer is.

If you are furloughed, you are still being paid in the same way, through your employer, it's just that your employer is getting the money to pay your salary from the government instead of from their own company. So it has nothing to do with claiming benefits or public funds.

Thanks, I'm getting the HR manager to do my verification letter for my FLR(M) application, does she need to include the fact that I was furloughed from March to September about my salary?  I'm at £24000/year basic salary so the 80% cuts it quite close to the financial requirement if I remember correctly.  We can't use my wife's financial requirements as she's been on maternity leave.


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Re: Furlough Scheme as US Expat?
« Reply #3 on: February 15, 2021, 02:31:22 PM »
Thanks, I'm getting the HR manager to do my verification letter for my FLR(M) application, does she need to include the fact that I was furloughed from March to September about my salary?  I'm at £24000/year basic salary so the 80% cuts it quite close to the financial requirement if I remember correctly.  We can't use my wife's financial requirements as she's been on maternity leave.

Yes, they will need to outline the details of your furlough. Having said that though, they are allowing leeway with the financial requirement because of Covid and if you have been furloughed, they will actually consider your full 100% pre-furlough salary for the financial requirement. Which means they will use your £24,000 salary for the calculation.

See here:
https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#if-youre-applying-to-enter-the-uk-or-remain-on-the-basis-of-family-or-private-life

From that page:
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Changes to the minimum income and adequate maintenance requirement
If you’ve experienced a loss of income due to coronavirus up to 31 May 2021, we will consider employment income for the period immediately before the loss of income, provided the minimum income requirement was met for at least 6 months immediately before the date the income was lost.

If your salary has reduced because you’re furloughed we will take account of your income as though you’re earning 100% of your salary.

If you’re self-employed, a loss of annual income due to coronavirus between 1 March 2020 and 31 May 2021 will usually be disregarded, along with the impact on employment income from the same period for future applications.

Also, it is still possible to use your wife's income, even if she has been on maternity leave. If she can show that she met the financial requirements during the 6 or 12 months (Cat A or Cat B) before going on maternity leave, she can use her income for those 6 or 12 months for the visa application.

See Appendix FM 1.7, pages 31-36.

From page 31:
Quote
Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in receipt of maternity, paternity, adoption or sick pay, or has been so in the 6 months prior to the date of application, the relevant date for considering the length of employment and the income from the employment can be either:

• the date of application
• the date of commencement of the maternity, paternity, adoption or sick leave

But the specified time periods for any other sources of income that are being combined with the employment income will remain as otherwise set out in Appendix FM-SE and this guidance. 


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