Apprenticeship Visa Query - time to complete the apprenticeship

Hi

I'm wondering whether you can help me with a query relating to non-uk nationals with expiry dates on their visa.

We have a learner who is currently in the UK on a Skilled Worker visa and has been ordinarily resident in the UK for the previous three years.

The apprenticeship programme the employer wishes the learner to undertake would typically have a duration of approximately 13 months. However, the learner currently has 11 months remaining on their visa, meaning there is a two-month difference between the usual programme duration and the remaining visa period.

If the apprenticeship delivery were reviewed and, where legitimately appropriate, the programme was delivered over 11 months with the agreement of the employer and apprentice, would the learner be eligible for apprenticeship funding?

My particular concern relates to the requirement in paragraph 30.2 of the Funding Rules. The proposed planned end date of the practical period would be one day before the learner’s current visa expires. This would leave insufficient time for the learner to complete their end-point assessment (EPA) and, therefore, I am concerned that the learner may not be able to meet the requirements of paragraph 30.2.

I understand that the Funding Rules previously included provisions relating to visa extensions, but these were removed a couple of years ago. My current interpretation of paragraph 30.2 is that, given the learner’s visa expiry date and the time required to complete the EPA, they would not be eligible for funding in these circumstances.

Could you please confirm whether my interpretation is correct, or whether there is any provision that would allow the apprenticeship to be funded where the practical period can legitimately be completed within the learner’s remaining visa period?

Alternatively, if the learner could legitimately be funded on the basis that they are able to complete the apprenticeship within their remaining visa period, I would also be grateful for clarification on the position if the learner subsequently passed their planned end date.

For example, if the learner had not completed the apprenticeship, including the EPA, by the time their visa expired, would the learner simply need to be withdrawn from the programme at the point their immigration permission expired, or would the fact that the apprenticeship had continued beyond the visa expiry date mean that the provision was no longer eligible for funding?

I would particularly appreciate clarification on whether the funding position is determined solely by the learner's ability to complete the apprenticeship within their available visa period at the point of starting, or whether the provider is required to take further action if the learner subsequently reaches their visa expiry date before completing the apprenticeship.