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I think we have to treat EUSS Settled Status and Indefinite leave as two separate things, I don't believe that Settled Status, in particular, grants an exemption to three years residency as ILE/R does (anyone initially granted Settled Status under EUSS had, by definition, been here five years, so it's moot).
In terms of your scenarios:
a. This learner would require three year's residency under AEB 39.2
b. This learner would require three year's residency under AEB 40
c. The study programme rules are different (although, confusingly, the para numbers are similar!), but this learner wouldn't qualify under 39.b of the 16-19 rules. I'd be amazed if they didn't fit any of the categories under para 40 of the the 16-19 guidance though, on the basis that a 16-19 year old is unlikely to not be a dependant.
d. would expect this learner to be 40 a. or 40 d of the 16-19 guidance.
Thanks Steve.
So just to be clear, practically speaking there's very little chance now of any UK/EEA national (or even the family member thereof) to qualify for AEB funding if the learner has not lived in the EEA for 3 years?
It seems a bit unfair that the new rules are very harsh towards such learners - even the new EU Settlement Scheme doesn't do anything without the learner having 3 year EEA residency.
Delmair
AEB Funding Eligibility: Settled Status = Indef Leave to Remain?
Created
Hello,
There's been a lot of confusion here regarding the new eligibility rules for AEB (and 16-18 study programmes).
Can "Settled Status" under the EU Settlement Scheme be equated with references to "Indefinite Leave to Remain"? - Some sources say they are the same thing, others imply a difference. So for example:
a) A 19+ learner is Brazilian with Settled Status. Since 38.1 only applies to EEA nationals, can they qualify under 41.4?
b) A 19+ learner does not have 3 year EEA residency but has a parent/spouse with Settled Status. Can they qualify under 41.8?
c) 16-18 year old without 3 year residency who is not an EU national and does not fit into any other category but has Settled Status - can they qualify under 39. b ?
c) 16-18 year old who doesn't fall into any other category but accompanied a parent with Settled (or pre-settled) status. Can they qualify under 40.a?
Thanks.