Joanne Bell

Graduate Visa

Created

Hi 

I have an application for a Apprenticeship from a learner who is on a Graduate Visa.  He has been in UK for over 3 years and his visa expires after the apprenticeship would end.

Is he eligible for funding?

Jo

Replies

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Steveh

ooooooooh, careful now!

This is a bit weird because the para says:

P394 A non-UK national (with exception to those that fall into the categories above) 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

Now, this person's current permission is NOT for educational purposes BUT it's usually been agreed/understood that any years on a study visa DO NOT COUNT towards the three years, even though that's NOT what the paragraph here explicitly says...

Martin West

A Graduate visa gives you permission to stay in the UK for at least 2 years after successfully completing a course in the UK.

With a Graduate visa you can:

work in most jobs

look for work

be self-employed

So an Apprenticeship would not be out of the question as the residency requirement starts from the start of the previous student visa not from the start of the Graduate visa (I think I am correct but you should check.

Steveh

Asked the Service Desk and they say:

I understand from your email that you are enquiring into whether the years someone (potential apprentice) has been here on a study visa count towards being here for three years? The answer is no as the potential learner was not a UK national or an ordinary resident in UK in the three years that they were in the country, please see below the referenced funding rule E347. 

(E347 is the start of the eligibility bits in the Employer Rules, no I don't know why they're quoting those instead of the Provider Rules, but they're the same across both anyway)

So they're saying someone on a student visa *isn't* Ordinarily Resident in the UK, so those years don't count...

Joanne Bell

Thanks to both of you for your help