Lisa Margach

Residency Query

Created

We have an apprentice applicant who is not a UK/EEA national but has lived in the UK for more than 3 years.  He has submitted a residence permit which states he is a PBS Dependant Leave to Remain.  However this expired 3 weeks ago but assures us he has applied for renewal.   Assuming the renewal gives the same permissions, does he meet the residency eligibility?

Replies

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Steveh

Para 376 in latest version:

P376 A non-EEA citizen 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.

Lisa Margach

Thanks Steve.

Can I please just check with it saying “PBS dependent Leave to Remain”  is this an acceptable UK government permission as this is the information the funding guidance is not telling us this?

Many Thanks

Steveh

I don't often defend the Rules, but we can't really expect them to list all of the myriad possible visa statuses... 9 times out of 10 I find myself googling to check what they mean.

Effectively, any visa status that isn't "student" counts though.

Kelly Knights

Personally I wouldnt accept an expired residence permit especially if its already expired. Id put his start date on hold until he has a valid residence document

Steveh

You should probably go and read the Rules then Kelly:

P368 Any individual, or relevant family member, who has applied for an extension or
variation of their current immigration permission in the UK is still treated as if they
have that leave. Keeping this permission applies as long as the application was
made before their current permission expired. Their leave continues until the Home
Office make a decision on their immigration application.

You're denying eligible learners opportunities by not following this.