Eligibility Query – Ordinarily Resident

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This topic contains 10 replies, has 5 voices, and was last updated by  mel_aspinall 1 month, 1 week ago.

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  • Pirireis74
    Participant

    Hoping someone here can assist.

    I have a candidate for a Levy-funded Apprenticeship whose eligibility has been questioned.

    She has spent 10 months of the last three years outside the EU / EEA working and travelling on a sabbatical in Australia, returning in August 2018. She is a British passport holder, and is married to a member of the military. Her husband has been UK based for the past three years. She was fully employed here before travelling and has been in full employment since her return.

    As far as I can tell she is Ordinarily Resident – she has the right to live and work in the UK and her sabbatical away should not affect this. Her status as a family member of an individual in the armed forces also supports this (he would be her ‘principle’). However, another Manager in my organisation believes she is not eligible.

    Can anyone assist please? Is there a stated limit on how long someone can spent away from the UK / EU / EEA before their status under the Ordinarily Residence rule is affected?

    Thanks in advance.

     
    #355562

    steveh
    Participant

    Somewhat inevitably, there isn’t a hard and fast line, but gap year/travelling has always been assumed not to affect someone’s status as “Ordinarily Resident” on the basis that they were always intending to come back.

    I’d be 100% happy to fund this learner (and I don’t think her husband needs to be invoked?).

     
    #355570

    Ruth CJ
    Participant

    Just to say, I agree with Steve on this.

    There’s a bit in the apprenticeships funding rules that says;

    Ordinarily resident. For funding purposes, a person who normally lives in the country, is allowed to live there by law, and return there after temporary trips outside the country. Temporary absences from a country due to the learner or a relevant family member working or travelling abroad would be discounted when considering ordinary residency.

    I never understand why the residency rules for ESFA aren’t all identical between the 16-19, AEB and Apprenticeship rules. You have to scrabble around them all trying to work out the rules.

     
    #355779

    Pirireis74
    Participant

    Many thanks steveh and Ruth CJ for your input, is much appreciated.

    Had thought I was starting to go a bit mad, but after 20 years doing this it appears I may know something after all.

     
    #355880

    Pirireis74
    Participant

    Many thanks steveh and Ruth CJ for your input, is much appreciated.

    Had thought I was starting to go a bit mad, but after nearly 20 years doing this it appears I may know something after all.

     
    #355882

    Pirireis74
    Participant

    I thought I would publish this here – the same query with the same info went to the ESFA service desk – below is the ‘official’ response.

    The current (2018/19) guidance states that to use apprenticeship levy funding or government co-investment funds, the user must have ‘right of abode’ status under United Kingdom immigration law, which gives an unrestricted right to live in the United Kingdom; and have been ordinarily resident in the UK for at least the previous three years before the start of the apprenticeship and have the right to work in the UK.

    Ordinarily resident – For funding purposes, a person who normally lives in the country, is allowed to live there by law, and return there after temporary trips outside the country. Temporary absences from a country due to the learner or a relevant family member working or travelling abroad would be discounted when considering ordinary residency – this criteria is left to the provider; however, abscences of longer than 6 months might be considered non-temporary, at the providers discretion.

    Please document your decision in the Apprentice’ evidence file.

     
    #357110

    steveh
    Participant

    Thanks for this, although it’s interesting to note that the bit after the dash about 6 months is editorialising and does not appear in the official description of Ordinarily Resident…

     
    #357125

    mel_aspinall
    Participant

    Hi,

    I know this is a while ago but I want to piggy back a question on this…

    If a potential apprentice has been working and travelling in Australia from September 2016 to July 2019 but is a UK citizen and has returned to the UK, would you still say this potential apprentice is eligible?

    Thanks,

    Mel

     
    #419624

    Martin West
    Participant

    Hi Mel,
    They would still have to meet the residency requirement.
    P325.2 have been ordinarily resident in the UK or EEA (including other countries determined to be within the EEA or those with bilateral agreements) for at least the previous three years on the first day of the apprenticeship.

     
    #419674

    steveh
    Participant

    Yeah, three years away is hard to justify as a “temporary” absence… As I said above, there’s no hard and fast rule on this and the ESFA response above suggests (although it’s not explicit in the rules) that over six months would need further justification…

    …if the learner was under 19 there’s a whole bunch of extra bits, that would mean they were probably fundable, but I’m guessing they’re a grown-up?

     
    #419684

    mel_aspinall
    Participant

    I totally agree. It’s too long to justify in line with the ESFA’s vagueness! I just wish they would be more explicit with what they consider temporary in the rules rather than saying provider discretion – that’s when we get bit by it!

    Thanks guys for your input.

     
    #419688
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