Leah Liston

Leave to Enter/Spouse Visa

Created

Currently have a learner who has been given a Residence Card which now states Leave to Enter - this doesn't show 3 years residency. 

Learner has provided a previous residency card which was a spouse visa along with husband British passport, however this previous residence card is also out of date. 

Are we right in thinking that this learner would need to have 3 years on their current residency card or show some other form of evidence to be eligible for funding?

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Phil Dawe

Hi Leah Liston,

Residency cards are like driving licences and passports in that they have valid from and expiry dates. I believe that the place and date of Issue is for the BRP itself and not the imigration status. We would accept expired cards or passport stamps (in and out) as evidence of residency in the UK - as long as the individual also has a current BRP or evidence as to why they do not currently hold one. e.g. they are waiting for a replacement to be issued.

That being said 'Leave to Enter' would be granted from outside the UK, so in this case some investigation might be needed as to how long the individual was away from the UK before gaining this current immigration status.

HTH,

Phil

(Edited)

Leah Liston

Example further details: 

Learner is a non UK National and has residency card Leave to Enter which was issued December 2022. 

They are married to a person who has a UK British passport, and there is a UK clearance card which is issued December 2022 to March 2023. 

From looking at the funding rules from what I can see 'leave to enter' would mean this learner needs to follow the 3 years residency rule and this would need to show within the dates on their residence card. 

Would this be correct - or am I totally reading this wrong? 

Steveh

This very strongly feels like "needs three years" to me? But, as Phil says, I'd be happy with a previous, expired card to show evidence of when they first arrived, rather than needing it on the current one.