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"Temporary" is, and always has been, intentionally vague. So, simple things like "went backpacking for three months" or even "was on a degree with a year overseas" are obviously temporary, but even "was on a three year fixed-term contract in Dubai" I don't think I'd have any difficulty defending to an auditor.
But, yes, first thing you need to do is establish a clear timeline of where the learner was and what they were doing there. One could almost argue that, if they've come back, it must have been temporary, but that's perhaps heading into a semantic argument too far...
Also, worth bearing in mind that slightly different rules apply to 16-18s who've been abroad because their parents were working there.
Sharon Lillywhite
Temporary Absence from the UK
Created
Point 273. Hi All
I have enrolled an apprentice last month, UK Passport, declared been in UK for last 3 years. He provided Canadian certs with a Naric so made him exempt from FS.
Today i had a call from the employer who has concerns as the employee/apprentice has said hes only been back in the UK for the past 5 months.
Under 273 it states learners who are temporarily outside of the UK for reasons such as education, employment etc are eligible.
I have now asked the apprentice to supply documents to show he has accounts/ residency for 3 years at least, but if it proves that he lied re being here for 3 years, do i need to withdraw him as "Temporary, doesn't really give a timeframe and he has returned and is employed.
Please can you advise what you would do
Thank you