Darren Hands

Residency Query

Created

None

We have been approached by a few potential AEB learners who are not originally from the UK/EEA – primarily Nigeria, Ghana and Sri Lanka

They have Residency Permits which state:

Type of Permit:

“Skilled Worker” “Leave to Enter”

Remarks

“Restricted Work”

“No Public Funds”

 

In all three cases, they have stated they have not lived in the UK/EEA for three years.

Based on the above, would we be correct in thinking that as they do not meet the 3 year residency rule they cannot undertake an AEB course – and furthermore the “No Public Funds” comment would also disallow them?

Thanks in advance

Replies

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Steve Hewitt

So, it's the less than three years that's the problem, No Recourse To Public Funds DOES NOT apply to education (basically, it's benefits and NHS):

Adult education budget: funding and performance management rules 2023 to 2024 - GOV.UK (www.gov.uk)

Unless, of course, you are in London, where GLA *will* fund these learners if they're planning to be here for more than 12 months.

Andrew Senior

Hi both,

Can I please just check that this is due the type of permit "only" being 'Leave to Enter' and not one of the options which exempts learners from the 3-year residency rule?

  • discretionary leave to enter or remain
  • exceptional leave to enter or remain
  • indefinite leave to enter or remain

Thanks