Susan Solomons

Right to Work Visa

Created

An applicant was considered ineligible because their right to work visa expires during the apprenticeship, in accordance with funding clause 20.4, however, under Immigration Status 296 (Quote)  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.

Is anyone able to provide some clarity please? On the basis that they will reapply whilst they are still in learning?

Thanks

Replies

No one has replied to this post.


Steve Hewitt

The problem comes when a learner's visa will expire during their apprenticeship but they cannot yet apply to extend their visa. If they've already reapplied then, yes, they're grand and can be funded.

Melanie Aspinall

Steve Hewitt - visa's are a minefield! If the apprentice is enrolling on a 36 month programme (for example) but their visa is due to expire in month 34 - we can't enrol them. Correct? If they apply to join the apprenticeship for a 13 month programme (for example) and they come to us with a visa that is due to expire in 3 months time but they've applied for an extension and we have evidence of that, then we can enrol them? Or not?

This is such a hot topic at the moment! Help! 

Steve Hewitt

Yeah, no, it's awful.

As I currently understand it, learner who needs to renew in month 34, no we can't take them because of 20.4, learner who has already put their application to extend in, yes we can take them, per para 296/297.

Melanie Aspinall

As I thought. Thanks Steve.