Jackie Danks

Asylum/Refugees

Created

If the above's visa runs out during their course and they re apply for an extension but no decision is made before the end of the course, can we still claim the funding?

If refused, do we withdraw the learner and claim up to that point?

Replies

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Ben James

If no decision is made, they're still eligible;

P387 Any individual, or relevant family member, who has applied for an extension or variation of their current immigration permission in the UK is still treated as if they have that leave. Keeping this permission applies as long as the application was made before their current permission expired. Their leave continues until the Home Office make a decision on their immigration application.

P388 An individual, or relevant family member, is considered to still have the immigration permission that they held when they made their application for an extension. Their eligibility would be based upon this status.

As to what to do if they're refused, it's a little complex as it would depend on what visa/status they had, and they can submit appeal(s) etc, during which time they'll still be eligible. 

Steveh is generally the man on this kind of thing

(Edited)

Steveh

(Ha, I liked your post before you added me in!)

Yes, Ben is right :)