Nicola Lespeare

Tier 2 VISA eligibility for funding

Created

Hi

We have an applicant who is in the UK on a Tier 2 spouse VISA.

Is the applicant eligible to receive funding if :

  • their spouse has been resident in the UK for 3 years?
  • AND the applicant has been resident in the UK for 3 years?

Thanks.

Replies

No one has replied to this post.


Steve Hewitt

Ooh, depends. Not least on what kind of funding you're talking about (Apps funding would more depend on them having Right to Work, can't remember what the Spouse rules are about working these days).

If their spouse is a UK/EU citizen who has been resident for three years, then they are immediately fundable (P399 of Apps rules, P46 of AEB rules).

Nicola Lespeare

Thanks for your reply and prompts Steve.

Re the Right to Work - excerpt below from the ‘Work in the UK’ gov.uk site:

A Skilled Worker visa allows you to come to or stay in the UK to do an eligible job with an approved employer. This visa has replaced the Tier 2 (General) work visa. It appears that the applicant fulfils the Right to Work. 

Re their spouse, if their spouse is also on a visa and they have not been resident in the UK for 3 years, are we correct in that the applicant therefore would not be fundable? (P399 of Apps rules).

Thank you.

Steve Hewitt

Oh, sorry, I was thinking Tier 2 was for a spouse joining their UK partner, not for a spouse of someone who had a Tier 2 visa!!!

So, yes, they'll need three years.

Nicola Lespeare

Thank you Steve.

To conclude, according to the table (P399):

In a scenario where a Non-EEA citizen has ordinarily been a resident in the EEA for 3 years – their family member (our applicant) who is a Non-EEA citizen is not eligible for funding.

Is this correct?

Steve Hewitt

Correct, they won't be eligible until they've achieved 3 years themselves.

Nicola Lespeare

Great, thanks for your help!