Aaron Macadam

Skilled Worker VISA - Eligibility Check

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Hi, looking for some advice, I have asked the ESFA Helpdesk but the response was not helpful. 

  • We have a Candidate from Hungary that came to UK September 2022.
  • They provided a share code, which we inputted via the normal settled status share code site, but it came up with a 'skilled worker' status, and candidate confirmed that they are not settled or pre-settled.
  • I asked ESFA Helpdesk, and got copy/paste response of the Non-UK Nationals section of the rules (i.e. candidate would have to be in UK for past 3 years before enrolment)

Question is, would this not in fact move to the 3 years in the UK and/or EEA category? As they have a VISA to work in the UK that is valid now (but the rules obviously only state this for candidates that are 'settled' and this is a 'skilled worker' - which is not mentioned in the rules)

Thanks in advance for any guidance

 

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Steve Hewitt

Almost feel a bit sorry for ESFA here (almost!). Would be impossible for them to list every visa type, so anything not explicitly mentioned , including this, comes under the "needs three years" catch-all.

I don't think it's usual for anyone with Settled through EUSS to have been here for less than five years (I Am Not An Immigration Official) so "settled and been here three years" is somewhat of a tautology.

Aaron Macadam

Thanks for your reply Steveh, looking like this one will not be eligible then - my request with ESFA actually just got escalated so will update should anything come of it.

Thanks again,

Ceri Geary

Did you get a response to this Aaron. We have the same issue and would like to avoid the long helpdesk route if possible

Thanks

Ceri

Aaron Macadam

Hey Ceri,

This was the response - we had to go with not eligible, as they did not meet requirements of having settled status, and had not been in UK for 3 years.

The reference you have made to the Funding Rules is the following "P368 EEA and Switzerland nationals who have obtained either pre-settled or settled status under the EU Settlement Scheme, and have lived continuously in the EEA, Switzerland, Gibraltar or the UK for at least the previous 3 years on the first day of their apprenticeship will be eligible for funding." As the skilled worker visa isn't specifically mentioned within this rule, this wouldn't apply to your case. If you are unsure of the specifics of the visa either the learner or yourself can contact Home Office for further information.
 
We usually see apprentices who stay in the UK on a Skilled Worker visa being eligible under the following rules:
 
"P395 A non-UK national is eligible for funding if they have permission from the UK government to live in the UK (not for educational purposes), and have been ordinarily resident in the UK for at least the previous three years before the start of the apprenticeship.
Providers also need to ensure that the remaining funding rules are met – for example, the visa will need to be long enough to cover the entire length of the apprenticeship course to comply with rule P78.2:
P78 To use funds in the employer's apprenticeship service account or government-employer co-investment, the individual must:
P78.2 Be able to complete the apprenticeship within the time they have available. If you know an individual is unable to complete the apprenticeship in the time they have available, they must not be funded."
 
I hope this answers your query