we have had an enquiry from a lady who is from outside the EEU, is in the UK on a work visa and has been here for 2 years. Her husband has recently come to the UK to join her and she wants to know if her husband can enrol on one of our courses. I have looked at the funding rules and my interpretation is that because she has been in the UK for less that 3 years and is not on the list of exemptions to this rule then she would not be eligible for funding which in turn would make her husband ineligible too.
I’m not sure about working visa’s. If she’s been here 3 years and its valid for the duration of her course then it might be okay but if it was me I’d double check with your funding and compliance team.
I’m not sure about the spouse. I dont think there is anything specific in the rules regarding visa’s other than to state that you cant enrol learners or their spouse that have a Tier 4 visa.
Do you know what it states in the husband’s passport?
no she has only been in the UK for 2 years and her husband recently came to join her but I don’t know what it states in her husband’s passport. It is the husband who wants the course but my rationale was if she hasn’t been in the UK for 3 years and her status isn’t on the exemption list then she wouldn’t be eligible and so by default neither would he.
I have emailed ESFA to ask for confirmation, but thanks for your help anyway.