Jo Phillips

Eligibility Question: Biometric Residence Permit/Visa Query

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Hello,

Please can you advise on the following query.

 

We have an applicant who has a BRP status with Indefinite Leave to remain which is valid until the 31 December 2024.  This is 3 months shorter than the planned end date for the apprenticeship they are applying for.

 

The start date is 18/01/2021 and the Practical end date is the 30/12/2024 and Planned End date for completion of the EPA is 3/03/2025.

 

Are they eligible for funding as they have indefinite leave to remain and will be applying for a replacement prior to the current one expiring?

 

Kind Regards,

 

Jo

Replies

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Steve Hewitt

Yes, it's not the learner's fault they're not allowed to extend further, so it's fine. Particularly where it's ILR and the learner has every intention to stay here.

Jo Phillips

Just wanted to be sure! thanks Steve

Benjamin Cowdery

Am I right in thinking that a standard 'leave to enter' permit would NOT make them eligible, it needs to be discretionary etc etc as per the 'list'?

Can I just clarify however.... if someone has a 'leave to enter' with a type of permit 'PBS dependent' does that make them eligible for ESFA funding? 

Steve Hewitt

Only if they've been here three years (and, per the discussion above, that they'll be here for the full length of the programme).

Benjamin Cowdery

sooo...while I have you Steve, a holder of a non - PBS residence permit with just a 'leave to enter' (not, PBS, or discretionary or indefinite etc etc) would not be eligible?

Steve Hewitt

Hmmm, what basis are they in the country then? Effectively, anyone who is legally in the country (unless they're on a study visa!) for three years is probably fundable (if it's an app there might be issues about right to work, but that's the employer's job!)?

Benjamin Cowdery

Many thanks Steve.