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Created 21 December 2021 11:09
If a learner has 'leave to remain' or 'leave to enter' in their passport, alongside being resident in the UK for three years, would they be fundable, whether an EEA national or not?
I'm not sure if I'm misreading the below rules, as the second paragraph specifies non-EEA so assumed the prior paragraph would be EEA but it doesn't actually say that anywhere.
Other non-UK nationals
39. Individuals who meet the criteria in paragraph 35, and they fulfil the requirements of one or more of the below set out in paragraphs 39.1, 39.2 and 39.3.
39.1. A non-UK national who:
39.1.1. has permission granted by the UK government to live in the UK and such permission is not for educational purposes only, and
39.1.2. has been ordinarily resident in the UK for at least the previous 3 years on the first day of learning
39.2. A non-UK national who is also a non-EEA national and:
39.2.1. has obtained pre-settled or settled status under the EU Settlement Scheme and
39.2.2. has been ordinarily resident in the UK for at least the previous 3 years on the first day of learning
No one has replied to this post.
21 December 2021 13:23
If they are an EEA national then they need to have obtained (or at least applied for) Pre-settled/Settled status under the EU settlement programme too. So leave to enter alone, would not be sufficient.
That is my understanding anyway; if anyone can point me to something that contradicts this, please do.
07 January 2022 09:11
Leave to remain/enter (not to be confused with Indefinite/ILR) is time limited and has nothing to do with the EUSS scheme for EU nationals.
We are only accepting learners that have been granted EU status - if they've only applied we are not accepting them (this may be us being strict as I'm aware the Home Office still have a possible backlog.)
If your learner has time limited (Leave to Remain), they would need to proof they've been resident in the UK/EU for the last 3 years and that leave is valid for the duration of their course
07 January 2022 09:16 (Edited)
Yes; I made the point because the original poster asked "...would they be fundable, whether an EEA national or not?..." so I was clarifying that if they happened to be an EEA national, leave to enter and 3 years would not be sufficient by itself without proof of their EU settlement status. (Also, if you are turning away a lot of EEA nationals who are just at the application status you may want to reconsider)
Don't you just LOVE the Residency rules?! :)
07 January 2022 09:24
Hi - my point is Leave to Enter/Remain is different to EUSS. Examples of Leave to Remain I've seen recently have been for non EU nationals therefore if a learner has Leave to Enter/Remain and can demonstrate they meet the 3 years rule the EUSS evidence is irrelevant as they are likely to be a non EU national.
07 January 2022 09:27
Agreed Kelly. It feels strange that being an EEA-National now leaves you needing one further step for eligibility than a non UK/EEA National with three years here needs doesn't it?! It used to be a 'leg up' to eligibility... :(
07 January 2022 09:35
Thank you both for your replies, this is where I've gotten very confused!
I've always seen 'Other non-UK nationals' as not including EEA nationals, but the point following the one above is aimed at Irish Nationals only. It made me wonder if this whole section, and therefore 'leave to remain' would be an option for EEA nationals - but it then contradicts the need for the EU Settlement Scheme.
Agree that it seems strange being an EEA National requires an additional step.
07 January 2022 09:42