Three Year Rule – Eligibility

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This topic contains 3 replies, has 3 voices, and was last updated by  STEVEN_H 3 months, 4 weeks ago.

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    Afternoon all,

    I have a prospective apprentice who we have an eligibility query based on their three year residency. If eligible, it would be through LEVY funding. They have lived in the UK all their life but have spent time studying in the USA on two separate periods over the last three years.

    Statement from learner:
    I spent time from
    August– December 2017 I was studying in the USA. January -August 2018 in Rome at an internship. August 2018 – May 2019 finishing my degree in the USA.
    During the studies and internship I spent Christmas and summer breaks at home in the UK.
    My bank statements were still addressed to my address in the UK, but I was a student abroad.

    They have also confirmed staying on the electoral role, and we have seen bank statements at their UK address over this period. My specific questions are based round the learner being Ordinarily Resident:
    1. Is the learner still deemed to have been Ordinarily Resident as they were temporarily overseas studying?
    2. And, they always intended to return to the UK?

    My opinion is that the learner could still be eligible as it was temporary for the purposes of study but need it conforming please.

    I look forward for your response.


    Martin West

    Previous guidance from the ESFA on the subject:
    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.

    Looks like it fits for eligiblity



    Yup, yup, reads like a textbook example of Ordinarily Resident to me.



    Cheers Martin and Steve…

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