EU Settlement Scheme - evidence

Learners need to get a code from here:

https://www.gov.uk/view-prove-immigration-status

and then we check here:

https://www.gov.uk/check-immigration-status

Thanks steveh but does it say in the funding rules that we have to actually see their status? I can't find it in any paragraph.

What i'm getting at is can it just be a self declaration or do we have to see it?

doubt a self declaration would be okay because of the change in rules of EU nationals. 

But we don't have to see evidence if they are a UK national, so why should we have to see for EEA? If someone was smart enough to lie and put that they were a UK national when they weren't we'd never know. Same regarding length of residency in UK, thats all self dec but it's a key part of the residency requirements.

Everything else that doesn't say in black and white you must see evidence, is treated as a self dec, so don't want to check if the ESFA aren't saying we have to, as it will likely slow our enrolment process down.

Suppose there is time for it to be updated in V2

because they are only eligible if they have applied for the status, therefore you need to see evidence they've done this

In my head, it was definitely "see and record" BUT, you're right that the Rules only *expressly* say this for The List (ILE, ILR, Refugee status etc) in Para 41.

Despite my better judgement (and assuming no changes to make it explicit), I still reckon we should see and record though...

Kelly - the guidance doesn't confirm this though. If they wanted us to see it i would have thought it would have been worded similar to para 41

Its similar to the benefits argument for me and we aren't asked to prove they are in receipt of those

I'll ask the question to the ESFA though.

I would be interested in the ESFA's response to this too, we had assumed it was self declaration as the rules don't explicitly say we must have seen evidence of the learners status.  If we need to see evidence then this will change our enrolment process.

Agreed. if you could share the response, I'd appreciate it as well.

Dave

I would be really interested to know about this too - especially for apprenticeships.

Jess Reading I don't suppose you've had a reply from the ESFA yet regarding this?

I know you weren't asking me but just to say I responded to the ESFA in relation to the clarification version of the Apprenticeship rules and asked that they make it clear in the Apprenticeship rules if we should see evidence or accept a swlf declaration. Personally if a learner hasn't applied for pre/settled status it means they are not legal in the UK so I feel its important we do check evidence but thats just my opinion, we're all entitled to one. K

Yep, as long as we have some clarity, I don't mind either way - collect or not collect evidence for the audit pack, I just need to be clear for our Operations/Sales departments.

To satisfy UKVI you do need to keep copies of passports of international learners, yet ESFA don't expect us to keep copies but sign a template form that confirms what evidence we have seen, by whom and when etc. 

Jess Reading did you ever get a reply from the ESFA on this?