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Cyril Isibor

3 year Ordinary Residency query

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Hi,

I was hoping to get clarification on a residency question.

- A learner came here in January 2021 as an Asylum Seeker

- Was granted permission to stay as a Family member in November 2024

My question is does their time spent here as an Asylum Seeker count towards the 3-year rule?

I don't believe AS are considered ordinary residents, but I was wondering what people's thoughts were on this, please?

 

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Steve Hewitt

I'm not aware of anything that says time spent as an Asylum Seeker *doesn't* count as being Ordinarily Resident. They are, after all, definitely here! Doesn't matter for those who get Refugee status, of course, but wouldn't treat anyone else differently.

Cyril Isibor

HI Steve,

I appreciate the response. I wasn't sure as the terminology the ESFA use stipulates ' Ordinary resident' for the last 3 years.

I wasn't sure if Asylum seekers meet the definition of 'ordinary resident'

If you don't believe this will pose an issue at Audit, I'll adjust my position on this.

 

 

Steve Hewitt

I'd say there's nothing in the definition of Ordinarily Resident that *excludes* Asylum Seekers?

For funding purposes, a person who normally lives in the UK, are allowed to live there by law and return there after temporary trips outside the country.

Asylum Seekers are "allowed to live here by law" whilst their claims are being processed?

Cyril Isibor

I think I was reading too much into it. Thanks for the clarification

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