Residency requirements - Family member of an EU national

Getting a bit redundant this bit, because I think it's mainly for those who were here before the EUSS deadline. People in that situation will almost certainly have three years of their own now, but this bit was there for the initial period where they would've needed to apply for EUSS but wouldn't have had three years (!!!). As far as I'm aware (I Am Not An Immigration Lawyer), anyone arriving now would be likely to be going through a visa process rather than EUSS?

(thank you for your replay) I am sorry Steve, but I don't understand your reply.

If the individual has ticked that they are a family member of an EU national, what evidence do we need to see to ensure they are eligible?

Do they need 3 years in UK/EU?

Do they need settled / pre-settled status?

Thanks, Steve

Hahahahaha! Absolutely *delighted* at this response!!! This is, it's fair to say, the single most complicated bit of the eligibility rules.

Let's break it down:

281. A family member of an EU national is eligible for funding if: 
281.1. Where required to do so, they have obtained pre-settled or settled status 
under EUSS, and
281.2. The EU national (principal) has obtained pre-settled or settled status under 
EUSS and has been ordinarily resident in the UK, EEA and / or 
Switzerland for at least the previous 3 years on the first day of their 
apprenticeship.

I am almost certain that any family member arriving since Jan 2021 will not be able to apply to EUSS, much less be required to do so. They will have another form of visa to live (and, more importantly for an apprentice, work) here.

The family member themselves has no residency requirement at all, as long as their EU Principal has Settled/Pre-settled under EUSS. If they have then, almost by definition, they must have been resident for at least three years because it's very nearly three years since EUSS closed.

The above response needs to be C&P into the funding rules (keeping in the hahahaha bit!!) If it basically irrelevant, which it is based on your explanation, why on earth haven't they changed the wording?!?!

So, to close the loop on this, we need to ensure the EU Principle meets the two criteria and by default the learner themselves is eligible?!

If that is right, thank you so much for helping me to clarify!! :)

(inertia mainly? there will be a very small number who arrived before Jan 21 who would need EUSS but wouldn't have three years on their  own? it really should change next year when it's mathematically impossible!)

Nearly?

So, problem we've got is P20.4 which says the learner's visa needs to last for the full length of the Apprenticeship to be eligible.