Leave to Remain

"does the BRP specifically have to say either 'discretionary', 'exceptional', or 'indefinite' as stated in the funding rules for it to be acceptable"

Yes! ;) basically, it's to split out work type visas (like what this person has) from sanctuary/family type visas.

I almost tagged you in this post! Haha. Thank you sir! So in this instance then.. how might I proceed? This candidates BRP doesn't explicitly say whether it's discretionary, exceptional, or indefinite.. so would presumably be insufficient? Would the accompanying documentation it potentially comes with (never had one, so don't know) state whether it is in fact one of the 3 mentioned?

Does this help or explain?

What you can do with a Global Talent visa

With a Global Talent visa you can:

choose how long your visa is for, up to 5 years

be an employee, self-employed and a director of a company

change or stop doing your job without telling the Home Office

bring your partner and children with you as your ‘dependants’, if they’re eligible

travel abroad and return to the UK

There are no language or minimum salary eligibility requirements.

If you want to stay longer in the UK, you can renew your visa as many times as you like - you’ll have to meet the eligibility criteria for extending your stay.

You can also apply to settle permanently in the UK (also known as ‘indefinite leave to remain’) after:

3 years if you’re applying as a leader

5 years if you’re applying as a potential leader

You cannot:

apply for most benefits (public funds), or the State Pension

work as a sportsperson

If your application is successful, you’ll get a full list of what you can and cannot do with a Global Talent visa.

Thanks Martin West, that's useful. I guess it sounds like it would potentially be alright then? Despite the fact the learner has only been here for a little over a year, it sounds like the Global Talent visa kind of occupies the space between a Tier 1 and Tier 2?

Would you recommend asking the candidate for that list of "what you can and cannot do with a Global Talent visa"?

But this is not included in the exception for 3 year residency as they have to wait 3/5 years before they can apply for leave to remain.

I would want more info off the applicant. If they are on a global talent visa why an apprenticeship.

They're doing a Level 7 degree level apprenticeship whilst also teaching at the university (it's a pre-requisite of the job that all lecturers need to undertake this particular Academic Professional Apprenticeship). I don't just want to rely on the fact that the employer must have done all of the necessary checks.. 

I'd say they categorically have to be here three years to access any funded study anyway.

[Narrator's voice] The employer had not done all of the necessary checks...

I mean, they can pay you directly to deliver the App, but they can't use their levy to pay for it.

Can it please be Morgan Freeman narrating? 

Yeah, spoke to the ESFA about it yesterday and they suggested they "didn't think" that it just saying leave to remain was sufficient. Their response obviously filled me with complete confidence, but it at least seems to be the consensus opinion. I'll suggest it can either be privately funded or just, not go ahead. 

Steve Hewitt - sorry, I know I'm tagging on this post but on the subject of leave to remain (my biggest bug bear), if a prospective apprentice had leave to remain on their visa (Tier 2 visa - I know it's Skilled Worker now but old school!), would you say that they still would have to meet the 3 year residency rule as per the below or further evidence is required:

P394 A non-UK national

(with exception to those that fall into the categories above) iseligible 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

I'm just not sure which category 'leave to remain' falls under.

Thanks,

Mel

Yes, Leave to Remain on its own without any prefixes usually just means they're here to work (or accompanying someone here to work), so the three year rule definitely applies.

Thanks Steve. I doubt myself sometimes!