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Created 09 February 2021 13:52
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?
No one has replied to this post.
Para 376 in latest version:
P376 A non-EEA citizen is eligible for funding if they have permission from the UKgovernment to live in the UK (not for educational purposes), and have beenordinarily resident in the UK for at least the previous three years before the start ofthe apprenticeship.
09 February 2021 14:33
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?
09 February 2021 16:02
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.
09 February 2021 17:34
11 February 2021 12:32
You should probably go and read the Rules then Kelly:
P368 Any individual, or relevant family member, who has applied for an extension orvariation of their current immigration permission in the UK is still treated as if theyhave that leave. Keeping this permission applies as long as the application wasmade before their current permission expired. Their leave continues until the HomeOffice make a decision on their immigration application.
You're denying eligible learners opportunities by not following this.
11 February 2021 15:07