David Dalby

Eligibility of adopted young person

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Hoping others have come across this before and knows answer! We have a prospective student under 16-19 funding (with an EHCP issued by LA) who came from South Africa in 2018 to live with adoptive parents, who are British Citizens. Anyone know the eligibility rules for a young person who is adopted? We know having an EHCP does not mean you are eligible for ESFA funding (bizarrely) from colleagues who have already had that argument with auditors. Thanks in advance for any help!

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Steve Hewitt

Hiya Dave

I'd say they were 40.a

a. those who are accompanying or joining parents or spouses or civil partners
who have the right of abode or leave to enter or remain in the UK (or 
accompanying or joining relevant family members, usually parents, who are 
UK or Irish citizens), or those who are children of diplomats

I'd say an adopted child had exactly the same rights as any other child.

but, also, if they've been here since 2018 they'll have three years and, I assume, some form of Leave to Remain?

Steve Hewitt

Hiya Dave

I'd say they were 40.a

a. those who are accompanying or joining parents or spouses or civil partners
who have the right of abode or leave to enter or remain in the UK (or 
accompanying or joining relevant family members, usually parents, who are 
UK or Irish citizens), or those who are children of diplomats

I'd say an adopted child had exactly the same rights as any other child.

but, also, if they've been here since 2018 they'll have three years and, I assume, some form of Leave to Remain?

David Dalby

Thanks Steve, as you've said before it's likely all16-19 year olds will be eligible it's just under which bullet. I'll check with adoptive parents on the Right to remain.

Dave