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Well, here's fun. Thought I knew the answer to this, did some digging to find out things changed (for the better?) last May...
So, what you haven't told us here is what their current status is. Did they apply under EUSS and do they now have either Settled or Pre-Settled status from that? If so, then they're fine.
Previously, if they were only Pre-settled, I'd have advised checking the expiry date on the online checking system BUT since May, Pre-settled no longer shows an expiry date (see https://www.gov.uk/government/news/home-office-confirms-changes-to-the-eu-settlement-scheme ) because, as far as the legal judgement mentioned in the press release is concerned, employers and landlords don't need to know it (we've always been piggybacking on a system that wasn't *really* for us anyway).
If they're on another kind of visa (and three years ago is about when that kicked in for EU nationals), then that visa will have to run to the planned end of the apprenticeship, regardless of their future intentions.
Hi,
I don't know if this is helpful or relevant.
I queried with the ESFA about the end date no longer being available to see and they had said I needed to still see this to prove they were able to complete the apprenticeship within their time approved in the UK.
I called the Home Office about the date no longer being present in the hope they could guide me to know what to ask the individual for this evidence. I was informed by the Home Office that the end date on the Right to Work you see when viewing the share code would match the visa end date. This would only be applicable for those with a pre-settled status of course, as settled status individuals have indefinite leave to remain, but would give a date for us to check against.
Fiona Grocock
Eligibility Query re. Residency
Created
We have an applicant wishing to enrol on an apprenticeship who has a Spanish passport, but has lived in the UK for the last 3 years and is employed. They do not yet have permanent UK residency but are in the process of applying. They have an NI number and employed by a school, so am I right in thinking that because they have lived in the UK for the last 3 years we do not need any further evidence? Any advice would be much appreciated.