Jean Parry

Might not be eligible

Created

None

Hi,

We have an Apprentice who started last October.  We recently changed our management system and this learner has now been flagged as 'may not be eligible' on the system.  

On checking he is a non-EEA citizen and has a Residence permit dated 02/12/2019.  The type of permit is UK Ancestry, leave to enter and work permitted.  Can anyone advise whether or not he is eligible or does the 3 year residence prior to starting an Apprenticeship apply?

Many thanks

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Steve Hewitt

Three years absolutely applies...

(I'm also interested in which MIS this is as I've not seen one do this before!)

Jean Parry

Thanks Steve.  I thought that might be the case.

Our MIS is Aptem

Jean Parry

Hi Steve,

I have checked a further document - Education Fees and Awards England Regulations 2007 and this states the following; 

5.1 Settled in the UK
5.1.1 You are ‘settled’ in the UK if you are a British citizen or you have ‘Right of Abode’ in
the UK or you have Indefinite Leave to Enter/Remain (ILE/R) in the UK.
5.1.2 You must be ‘settled’ in the UK on the first day of the first academic year of the
course; and
5.1.3 you must be ‘ordinarily resident’
2
in the UK on the ‘first day of the first academic year
of the course’
3
; and
5.1.4 you have been ordinarily resident in the UK and Islands for the three year period
immediately prior to the first day of the first academic year of the course; and
5.1.5 the main purpose for your residence in the UK and Islands must not have been to
receive full-time education during any part of that three-year period.

Our learner is eligible according to points 1, 2, 3 & 5.  In view of this would you say he is eligible?

Many thanks

Steve Hewitt

So, Fees and Awards doesn't override what's in the App Funding Rules (in fact, the Rules have more exceptions).

Also Point 4 is kind of the most important.

Also, someone on an Ancestry visa doesn't meet point 1 and, if they've not been here for three years they don't meet point 5 either...

However, per the Rules, someone on a ancestry visa is eligible once they've been here three years under this para:

P391 A non-EEA citizen is eligible for funding if they have permission from the UK
government to live in the UK (not for educational purposes), and have been
ordinarily resident in the UK for at least the previous three years before the start of
the apprenticeship.

 

Jean Parry

Thanks Steve.  Think I was probably clutching at straws to be honest