Jonathan Roberts

Learner Eligibility Query

Created

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Hi

Hoping someone can provide some clarity. I have read through the guidance, and have done some research around the visas, but still not 100% confident on this learners eligibility

This is the information they have provided

"I arrived in the UK on a student visa in September 2022 and completed my master’s degree in September 2023. Then, I got my graduate visa in February 2024. Most recently, I transitioned to a skilled worker visa from April 2026. In total, I have now been residing in the UK for 44 months, of which 12 months were spent as a student."

Could someone offer guidance, on what they think. Is this learner eligible presently to complete an Apprenticeship

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Steve Hewitt

325. Non-UK nationals are eligible for funding if: 
325.1. They have been ordinarily resident in the UK and Islands for at least the 
previous 3-year period on the first day of their apprenticeship;  
325.2. Whose ordinary residence in the UK and Islands has not during any part of 
that period been wholly or mainly for the purpose of receiving full-time 
education; and  
325.3. Have permission granted by the UK government to live in the UK and such 
permission is not for education purposes only.

44 minus 12 is 32 which isn't three years, is it?

Ruth Canham-James

Agree with Steve, but I think it's one that a lot of providers would miss. A student tells you they've been here 3 years, check! You do need to check that no part of that was for studying. I'm not sure about that period between finishing study and getting a different visa, as they were presumably still here legally as part of that student visa, even if they had actually finished studying. Does that still count as "mainly for the purpose of receiving FT education"? I would be confident to fund from Feb 27, but less so to fund from between Sep 26 and Feb 27. I'd ask DfE on that one.