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Three years in the US is pushing the "temporary visit" exception to where they were Ordinarily Resident. To quote the glossary:
Ordinarily resident
For funding purposes, a person who normally lives in the country, is allowed to live there by
law, and return there after temporary trips outside the country. Temporary absences from a
country due to the learner or a relevant family member working or travelling abroad would be
discounted when considering ordinary residency.
So it kind of depends how/why they were in the US. if it was, for example, a three year fixed term contract, I'd say it was fine or, if they're young and were only there because their parents were, that would also be fine...
That sounds pretty temporary/time-limited to me! Write it all down on their Learning Agreement/Commitment Statement, but I'm pretty confident I could argue that through with an auditor to confirm they were fundable. The OR guidance is intentionally vague for situations like this.
Sarah Wartnaby
Apprenticeship Eligibility Query
Edited
Good Afternoon,
We have a potential learner who is a EU citizen and has been in the UK for around 18 months. However, prior to UK they spent 3 years outside the EU living in America. Whilst the learner is a EU Citizen does the fact that they have been outside the EU for 3 years and only in the UK for 18months make them ineligible for the Apprenticeship?
Advice welcome
Thank You