Steve Haynes

3 year residency criteria - seeking clarification

Created

P369 A non-UK national (with exception to those that fall into the categories above) is eligible for funding if they have been ordinarily resident in the UK and Islands for at least the previous 3 years on the first day of their apprenticeship and have permission from the UK government to live in the UK (not for educational purposes) or have obtained pre-settled or settled status under EUSS.

Question - Apologies if this is obvious to some, but based on the above, a non-UK resident must have 'permission to live...' or have obtained 'pre-settled or settled status' AND have been in the UK for at least 3 years from the start of programme?  So, if they don't meet the 3 year rule, it doesn't matter what evidence they hold - they are not eligible.  Is that right? Thanks

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Steveh

Sort of!  :) This para is usually for people who "only" have Leave to Remain or (for Apps in particular) are on a work visa of some description, rather than all of the other options above and below it where three years isn't always necessary.

So, if they don't fit any of the other exceptions, then, yes, they need three years, but it's not quite right to say everyone needs three years!

Steve Haynes

Thanks for your response Steve (I could have issued this query as my first ever Tweet if I had known you would reply :-))

So, to use a specific example, a learner has only been resident in the UK for 2 years (previously in South Africa) but they have a settled status issued from the UK government, are they eligible for an Apprenticeship because the settled status overrides the 3 year requirement??

 

Steveh

No, settled doesn't override 3 years, only the statuses under P377 (and P390 for 16-18s) definitely override 3 years.

Actually, now AEB and App Rules seem to be in sync (which they weren't last year), I'll update my eligibility flowchart as it should be of use to many more people!

Steve Haynes

Thanks steve. Are you able to share a copy of that updated flow process? Interestingly, I've received a response from the ESFA Helpdesk and they have confirmed that the learner does need both the status AND the 3 year rule to be eligible.

Steveh

Eventually! It needs some tweaks and I'm quite busy at the mo.

Yvonne Quinn

Hi Steveh, Would you be able to email me a copy when you have updated it?

Thanks

Melanie Aspinall

Me too please, Steve! Would be of great help.

Thanks