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Ben Carter
Eligibility - 'Ordinarily Resident'
Edited
Good morning,
An individual has applied for an apprenticeship with us, and we would like some clarity regarding their eligibility. The learner in question came to the UK (from Poland) in 2019, resided in the country for 2 years, before moving to America temporarily for educational purposes for a year.
We’re aware that it could be considered that the individual “habitually, normally and lawfully resides” in the United Kingdom, and P273 supports a gap year maintaining residency status:
“Learners who are temporarily outside of the UK for reasons such as education, employment or a gap year, should be considered ordinarily resident in the UK for the purposes of assessing eligibility for apprenticeship funding upon their return to the UK.”
However, conflicting this; P279. Denotes a need for EEA Nationals to have lived ‘continuously’ in the EEA, Switzerland, Gibraltar, or the UK for at least the previous 3 years.
In this circumstance, would the individual be eligible for funding or not?
Kind regards,
Ben Carter
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Replies
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Steve Hewitt
I'd say it was fine? And that "continuously" means Ordinarily Resident in the same way as it would for a UK citizen?
Ben Carter
Eligibility - 'Ordinarily Resident'
Edited
Good morning,
An individual has applied for an apprenticeship with us, and we would like some clarity regarding their eligibility. The learner in question came to the UK (from Poland) in 2019, resided in the country for 2 years, before moving to America temporarily for educational purposes for a year.
We’re aware that it could be considered that the individual “habitually, normally and lawfully resides” in the United Kingdom, and P273 supports a gap year maintaining residency status:
“Learners who are temporarily outside of the UK for reasons such as education, employment or a gap year, should be considered ordinarily resident in the UK for the purposes of assessing eligibility for apprenticeship funding upon their return to the UK.”
However, conflicting this; P279. Denotes a need for EEA Nationals to have lived ‘continuously’ in the EEA, Switzerland, Gibraltar, or the UK for at least the previous 3 years.
In this circumstance, would the individual be eligible for funding or not?
Kind regards,
Ben Carter