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Withdrawal following loss of employer

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Hi all, I am wondering if you can advise me on the following. An apprentice left his employment in February 2022. In accordance with the regulations, he was withdrawn after 12 weeks as he has not found a new employer. The apprentice now wants clarification on whether he can return and complete his course. The Helpdesk have advised that if he finds a new employer he can return and this can be recorded on the ILR as a restart. But how long does he have to return and complete his apprenticeship? Is it open ended? Is there a maximum period of time for an apprenticeship to last?

Many thanks, Sasha

 

 

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Martin West

you have said he was withdrawn after 12 weeks as he has not found a new employer this is not the rule as he should have been withdrawn on the lest day in learning with the employer.

He can restart at any time as there is no time limit specified.

HTH

Permanently deleted user

Hi Martin

Just to clarify he was put on a break in learning in the ILR with immediate effect in February when he left the employer, then withdrawn retrospectively from the same date when he did not find a new employer after 12 weeks, as under regulation P317.3. 

So technically someone could come back a few years later, and as long as the apprentcieship still exists they can still resume?

Thank you for your help

Sasha