Thahura Miah

Residency on Eligibility

Created

Hi All, 

 

If I have a student who has lived in the UK for more than 3 years and has the Skilled Worker Visa, am I ok to approve and progress with onboarding. The rules below suggest that if they have the right to live then they are eligible for funding?

 

- 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.

Any advice would be greatly appreciated

Thanks.

Replies

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Martin West

Under a Skilled worker visa, they cannot:

apply for most benefits (public funds), or the State Pension

change jobs or employer unless you apply to update your visa

Thahura Miah

So would you say the skilled worker visa would not allow them to join an apprenticeship?

Martin West

They may apply for residency after 5 years but the time on the visa does not count towards the 3 year residency requirement, also no recourse to public funds.

You should ask the ESFA for a definitive answer.

HTH

Steveh

Hold on...

Skilled worker isn't an educational visa (which is all you have to discount for residency) and "no recourse to public funds" does not affect education of any sort.

I'd absolutely fund this learner (assuming their employer had sorted the transfer end of the visa, but that's not our problem).

(Edited)