Apprenticeship Eligibility

Hi Neil

She'll need three year's residency but, if she's got that, then, per P277, she's eligible.

(Of course, at the moment, the app will need to finish by 31/12/24 due to the P20.4 nonsense...)

Thanks for your reply Steve, I've been told as she is joining her husband she is okay and doesn't need 3 years residency, is this wrong?

Her husband lives here, will that make a difference?

Thanks so much for your help.

Blimey, it's been a long time since spouse visas got off from the 3 year eligibility...

The only situation would be if her husband was an EU (not UK) national and then the Right to Family Life bits in P273 would kick in and she'd be eligible immediately as long as he's been here three years (and has Settled/Pre-settled, which is effectively a given at this point). If he's UK (or Turkish) then she'll need her own three years of residency before she's eligible.

Is there a difference between Leave to Enter (as stated on this persons Residency Permit) and Discretionary leave to enter or remain or Exceptional leave to enter or remain?

Sorry to ask so many questions, I'm trying to get my head around these types of rules.

Thanks for your time. 

Yes, DLE/R and ELE/R are *generally* for sanctuary seekers or others with unusual circumstances and are pretty rare (not sure I've ever seen an ELE/R), whereas "normal" Leave to Enter/Remain is usually for those who have come to work and their family or those coming to join their family.

So, because the first two are basically "emergency" statuses, learners have day one eligibility, whereas with standard Leave they need three years.

Thanks so much for your help Steve. 

This learner has come to be with her husband, who is Turkish, so will need three years, which she hasn't (about 6 months I believe) so won't be able to start.

Yup, that sounds right to me.