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Hi Ben
Had a similar discussion last week:
The thing with Pre-settled *in particular* is they're all going to get an extra two years automatically next year (which I assume would take this learner to the end of their App), so, as I say on the other post, I think it's defendable to sign them up now, even with 20.4...
I'll be trying to get some clarity from DfE on this point.
Steve Hewitt - did you get any clarity on this? When I asked the ESFA, they said "We would recommend you contact the Home Office who will be able to advise further regarding the EU Settlement Scheme enhancements if needed."
So not helpful when it's the ESFA who have written the rules!
Hi Both, We had a similar query back in June 21 where the apprentices refugee visa was going to run out 6 months after the start of their apprenticeship, this was the response from ESFA:
Any individual, or relevant family member, who has applied for an extension or variation of their current immigration permission in the UK is still treated as if they have that leave. Keeping this permission applies as long as the application was made before their current permission expired. Their leave continues until the Home Office make a decision on their immigration application. Of course, if the decision is that the extension is not granted then as a provider you need to be aware of the impact on qualification achievement rates, ultimately the decision is for the provider to make.
In short, they suggested it was down to the provider to make the decision on whether they are prepared to take the hit on the withdrawal if the apprentice was not successful in renewing their visa for extended stay and had to be withdrawn from the apprenticeship programme. We had to inform the apprentice of this.
Hope this helps
Jayne
Ben Carter
VISA (20.4) - Eligibility
Created
Morning all,
An individual has applied for an Apprenticeship with us. The share code indicates that they have pre-settled status, and as they have been in the UK for longer than the last 3 years, would be deemed eligible. However, the same check indicates an expiration date of February 2025, meaning there is not enough time available to complete an Apprenticeship (20.4). It's our understanding that the learner will apply for, what we presume will be 'Settled' status, soon - though as there is a contradiction in the ruling here - is the learner eligible or not?
We want to support the individual in their career goals, though it would seem a shame to hold off until new RTW evidence can be provided.
Thanks in advance,
Ben Carter