Apprenticeships..?

Two or three weeks ago I went through this whole huge process for an apprenticeship. Interviewed by 3 or 4 people and NO one told me that I wasn't eligible for the subsidization until 2 days after I was told to wait for a response. Really upset about this as it was the perfect opportunity and they said they really liked me but the other girl was born in the UK so she was eligible for it.

Anyway my question is: I was told the minimum residential requirement for the subsidization was 3 years. I did a quick google search and saw somewhere that since I'm on a SPOUSE visa it's only ONE year. Does anyone have any further input on this? Thanks a bunch! <3

Okay, I've done a bit of digging.

Normally to qualify for grants/subsidies, you have to have been living in the UK/EU for at least 3 years before starting the training/apprenticeship

And just found this on the gov.uk website in regards to who can qualify for apprenticeship funding:

Who can be funded?

E52. To use funds in your digital account or government-employer co-investment, the individual must:

52.8. be either:

- 52.8.1. a citizen of a country within the European Economic Area (EEA) (including other countries determined within the EEA or those with bilateral agreements), or have the right of abode in the UK, and have been ordinarily resident in the EEA (including other countries determined within the EEA or those with bilateral agreements), for at least the previous three years on the first day of learning

- 52.8.2. or a non-EEA citizen with 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 learning

E53. Annex A of Apprenticeship funding and performance management: rules for training providers, May 2017 to March 2018 includes further rules covering individuals with unusual eligibility status as well as the list of all the countries and territories in the European Economic Area (EEA).

(Page 11: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/588786/EMPLOYER_RULES_Final_010217.pdf)

Annex A of Apprenticeship funding and performance management: rules for training providers, May 2017 to March 2018 says:

Annex A - Exceptional eligibility criteria (who we fund)
Exceptional eligibility status (Please read this together with paragraphs 53 to 65.)

P216. Any individual with any of the statuses listed below, is eligible to receive funding and are exempt from the three-year residency requirement rule. You must have seen the individual’s immigration permission in these circumstances.
216.1. Refugee status
216.2. Discretionary leave to enter or remain
216.3. Exceptional leave to enter or remain
216.4. Indefinite leave to enter or remain
216.5. Humanitarian protection
216.6. Leave outside the rules
216.7. The husband, wife, civil partner and child of any of the above in this paragraph (that is, 216.1 to 216.6)

There is also a table showing the eligibility of family members for funding (see attached picture at the bottom of the message), which implies that if your UK spouse has been ordinarily resident in the UK/EU for at least the last 3 years, you will be exempt from the 3-year residency requirement rule.

I don't see anything about 1 year for a spousal visa though, only that you don't have to be here for 3 years to receive funding - where did you find the 1-year information?

I don't remember I'm so sorry it was a rushed search and I can't seem to find it in my history. So, to clarify, when the new rules are brought about this year I'll be able to get an apprenticeship without worrying about the 3 year rule? My husband was born here so he's been here for over 3 years lol

So, to clarify, when the new rules are brought about this year I'll be able to get an apprenticeship without worrying about the 3 year rule? My husband was born here so he's been here for over 3 years lol

Sorry I was rushing when I posted this and didn't realise it was a new scheme from May 2017.

I've just found the rules for 2016 to 2017 Apprenticeship funding and they also say that you are exempt from the 3-year residency rule, so this is not a new thing.

From what I can see, you are eligible right now for funding and you were told incorrect information about the 3-year requirement.

From the document, Skills Funding Agency: common and performance- management funding rules, For the 2016 to 2017 funding year (1 August 2016 to 31 July 2017):

Non-EEA citizens
A115. A non-EEA citizen is eligible for funding if they have permission granted by the UK government to live in the UK, which is not for educational purposes, and have been ordinarily resident in the UK for at least the previous three years before the start of learning.


Individuals with certain types of immigration status and their family members

A116. Any individual with any of the statuses listed below, is eligible to receive funding and are exempt from the three-year residency requirement rule. You must have seen the learner’s immigration permission in these circumstances.

A116.1. Refugee Status.
A116.2. Discretionary Leave to Enter or Remain
A116.3. Exceptional Leave to Enter or Remain.
A116.4. Indefinite Leave to Enter or Remain.
A116.5. Humanitarian protection.
A116.6. Leave Outside the Rules.
A116.7. The husband, wife, civil partner and child of any of the above in this paragraph. (A116.1 – A116.6).

A117. The learner’s immigration permission in the UK may have a ‘No recourse to public funds’ condition. Public funds does not include education or education funding, so this does not affect a learner’s eligibility, which must be decided under the normal eligibility conditions.

And Annex A of the 2016-2017 document also has the very same table I posted above.

See: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/533870/SFA_common_and_performance_management_funding_rules_2016_to_2017_V3.pdf

Oommmmmmfg I am so angry right now lmfao I lost out on a job bc they assumed I wasn't on a spouse visa when I said I was here because my HUSBAND lives here. ughh thank you so much!

Okay just saw this part

A116.7. The husband, wife, civil partner and child of any of the above in this paragraph. (A116.1 – A116.6).

And the 1 through 6 are

A116.1. Refugee Status.
A116.2. Discretionary Leave to Enter or Remain
A116.3. Exceptional Leave to Enter or Remain.
A116.4. Indefinite Leave to Enter or Remain.
A116.5. Humanitarian protection.
A116.6. Leave Outside the Rules.

My husband is a UK Citizen, so he is not on this list. I am so confused

Okay just saw this part

A116.7. The husband, wife, civil partner and child of any of the above in this paragraph. (A116.1 – A116.6).

And the 1 through 6 are

A116.1. Refugee Status.
A116.2. Discretionary Leave to Enter or Remain
A116.3. Exceptional Leave to Enter or Remain.
A116.4. Indefinite Leave to Enter or Remain.
A116.5. Humanitarian protection.
A116.6. Leave Outside the Rules.

My husband is a UK Citizen, so he is not on this list. I am so confused

That's what I thought at first - although being a UK citizen is one step up from having Indefinite Leave to Remain (A116.6) anyway, but then I checked Annex A, which says that:

A122. This table shows the eligibility for family members if:

A122.1. the family member is now ordinarily resident in England, but has not been ordinarily resident in the EEA for at least the previous three years before the start of learning, and

A122.2. a principal has been resident within the EEA for the last three years

The table shows that:
IF
- the principal (spouse) is a UK citizen who has been ordinarily resident in the UK
AND
- their family member is not an EEA citizen and has not been ordinarily resident in the EEA for three years
THEN
the family member is eligible for funding

That's what I thought at first - although being a UK citizen is one step up from having Indefinite Leave to Remain (A116.6) anyway, but then I checked Annex A, which says that:

The table shows that:
IF
- the principal (spouse) is a UK citizen who has been ordinarily resident in the UK
AND
- their family member is not an EEA citizen and has not been ordinarily resident in the EEA for three years
THEN
the family member is eligible for funding

Ahhhh okay I see now thank you!! I just wanted to be 100% sure before writing my angry email

Oommmmmmfg I am so angry right now lmfao I lost out on a job bc they assumed I wasn't on a spouse visa when I said I was here because my HUSBAND lives here. ughh thank you so much!

Did you actually tell them you had a spousal visa and physically show them your passport and BRP card? They would have to see it before they could hire you anyway.

It may be that:

a) they were not aware of the rules regarding family members of UK citizens who have visas and just assumed you were not eligible
or
b) they were aware, but they used it as an excuse to hire someone else instead

I bet most companies are not even aware that family members of UK citizens are eligible for funding - they probably just see you haven't been living in the UK for 3 years and say, 'no, sorry, you don't qualify.

In future, I would print off the Annex from the rules document and show it to them, along with your passport and BRP card, to prove that you are, in fact, eligible for funding.