Louise Garratt

Eligibility - Bilateral Agreements

Created

We have an apprenticeship applicant that has a UK passport but moved to Mexico at 11 years old, lived there for 5 years and then returned a year ago. The rules are clear-ish but I'm unsure about the 'bilateral agreement'. Much searching hasn't turned up a definitive answer. Would anyone be able to confirm whether they are eligible? I think not but geography and politics not a strong point!

TIA

UK nationals - 

 P385 A UK national is eligible for funding if they:
P385.1 Are a citizen of the UK; and
P385.2 have been ordinarily resident in the UK or EEA (including other countries
determined to be within the EEA or those with bilateral agreements) for at least the previous three years on the first day of the apprenticeship

 

Replies

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Melanie Aspinall

He would have had to have been resident for 3 years prior to the start of the apprenticeship but as he only moved back a year ago, this would make him ineligible.

Steveh

Yeah, I think "bilateral agreements" is, to put it politely, post-brexit waffle.

Also, assuming this is a 17 year old (maths!!!), there's the extra categories for 16-18s at para 411 which, despite my asking, it's never been clear as to whether these require three years residence or not (they don't if they're study prog learners in those categories)... I'd assume this learner would either be 411.1 or 411.4? But, as I say, I'm not sure why they are there if a learner *also* needs three years?

Kelly Knights

Hi Steve I may be clutching at straws but isn't there something to be said if they left the UK they as a child i.e. was it really their decision? I might be wrong and it may still be 3 years regardless

(Edited)

Steveh

That's what happens on Study Progs, of course. Think I'll have to Ask The Service Desk...

Louise Garratt

Hi all

I queried it yesterday with the help desk and this is what I got back. I was looking at last years rules which didn't help so the bilateral question isn't an issue! I'm going with 411.1 as I assume they are returning with parents but will get it checked -   

I have checked the latest apprenticeship funding rules for main providers and cannot find any reference to "bilateral agreements". The reference does appear in the 2020/2021 funding rules but as the person would be beginning their apprenticeship in the 2021/2022 year, these funding rules would apply:

"P389 UK nationals are eligible for funding if they: 

P389.1 have been ordinarily resident in the UK, the British Overseas Territories, or Crown Dependencies (Channel Islands and Isle of Man) for at least the previous three years before the start of the apprenticeship. 
(2021-07-28_-_2122_Provider_Rules_Version_Version_1.pdf (publishing.service.gov.uk)


The funding rules also state that for 16-18 year olds:

"Further information for 16 to 18-year-olds
P411 16 to 18-year-olds are eligible to be funded for an apprenticeship if any of the following clauses apply: 

P411.1 they are accompanying or joining parents who have the right of abode, leave to enter or leave to remain in the UK;
P411.2 they are the children of diplomats; 

P411.3 they are the children of teachers coming to the UK on a teacher exchange scheme; 
P411.4 they are entering the UK (where not accompanied by their parents) and are British citizens;
P411.5 they have a passport that has been endorsed to either show they have the right of abode in the United Kingdom or to show that they have no restrictions on working in the UK; 
P411.6 they are an asylum seeker;
P411.7 they are placed in the care of the local authority;"

If none of the above apply then it appears that he would not be eligible for apprenticeship funding as he has only been resident in the UK for 1 year.

Thanks all for your input
Louise

Steveh

If he's not 411.1 I guess he'd be 411.4!

Louise Garratt

Yes, I suppose he would!