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Hi Hugh
I'd fund them (I know I'm a soft touch ;)). Here's my argument (I Am Not A Lawyer), until the final decision is made they are not here illegally and now the decision has proved them to be here legally then they've, effectively, never been here illegally, so the four years will count.
Bill Smith
Residency
Created
Potential learner wishes to undertaken an AEB Programme. Learner has been in dispute with the Home Office since 2019 over their residency status. They have recently won their case and been awarded "leave to remain" in 2023 and wish to enrol for an AEB funded programme. Would this learner be ineligible on the basis that the have not legally been in the country for 3 years, having just been awarded this status in 2023 or could we safely assume since they have resided in England since 2019 and now have legal status that we can fund them?