The HMRC has provided further guidance on furloughing migrant workers. The guidance therefore includes all migrant workers and is not limited to those who are sponsored. The revised guidance confirms that the grant under the Job retention scheme is not a ‘public fund’ and therefore can be used to furlough workers on all visa categories.
It is important to note that non-EU nationals are subject to immigration control, and a key restriction to their visa condition is that they cannot access public funds. Public funds include most welfare benefits, such as Universal Credit etc.
Therefore, when the Coronavirus Job Retention Scheme (CJRS) was initially rolled out, there was some confusion amongst employers on whether migrant workers can be furloughed. As such, this guidance will alleviate concerns among all employers who employ migrant workers, that can furlough them, and use the CJRS for this purpose, without breaching their visa conditions or sponsorship obligations.