Andrea Scotti

Eligibility for Apprenticeship funding

Created

We have a potential Apprentice who has a Biometric residency card with a to and from date on it.  She is from India.  My understanding is that in order to meet the 'Right to Work' criteria, the residency card should be indefinite right to remain and not with an end date on it.  Is anyone able to clarify whether she would be eligible for government  funding for this Apprenticeship, or point me in the direction of who would be able to clarify this for me.  MTIA

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Rebecca Drury

Do the to and from dates show under the "Type of Permit" or "Remarks" heading? This is where it would usually state Indefinite Leave To Remain, or other status as applicable to the individual. All BRPs have a "Valid Until" date which is when it needs renewing but is basically the same as our driving licenses and passports which have to be renewed after a certain amount of time. The Valid To date shouldn't be a factor in eligibility as their status shouldn't change - if the BRP states Indefinite Leave To Remain (or other acceptable statement) then this is all that is taken into account for eligibility. If the dates you mention show outside of the "Valid To" section then I'm unable to help, sorry!

Kelly Knights

If its Leave to Remain then it must be valid for duration of Apprenticeship and they must meet three years residency requirements. If its Indefinite it would say so and they wouldn’t need to meet the 3 years residency requirement all depends what the ID says.

Andrea Scotti

Many thanks for help with this - The 'Type of Permit' states 'Family Member - EU Residents' and on the back under 'Remarks' it states 'EU Right to Reside'  - is this now affected by the UK no longer being part of the EU?  When the Permit was issued back in 2019, the UK was still part of the EU until 31/1/20 - any further help would be much appreciated   MTIA

Kelly Knights

Based on the 21/22 Apprenticeship rules it implies that the spouse has to obtain settled/pre-settled status in their own right, therefore you should ask for  sight of that rather than the residence permit

P397 Family members of EEA nationals who have obtained pre-settled or settled status under the EU Settlement Scheme are eligible for funding if:
P397.1 They (the family member) have been ordinarily resident in the UK or EEA for at least the previous three years before the start of the apprenticeship.
P398 A ‘family member’ is the husband, wife, civil partner, child, grandchild, dependent parent or grandparent of a UK or EEA national.