EU national previously living outside the EEA

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This topic contains 4 replies, has 3 voices, and was last updated by  steveh 2 months ago.

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  • Laura
    Participant

    Please could someone give me some advice on this learner’s eligibility for AEB, it has caused some confusion among the team.

    The learner has the right to live and work anywhere within the EU, she has a Hungarian passport because her grandfather was from Hungary. However she was born in Ukraine and has lived there until moving to the UK last year. The learner says she has no visa with an immigration status because she has the right to live here.

    As she has not lived in an EU/EEA country for the last three years she appears to not be fundable, however this is difficult to explain as she has the right the live and work here. Am I reading the funding rules correctly, mainly from point 31 of the AEB funding rules? Any advice would be greatly appreciated.

     
    #278406

    Rhiannon
    Participant

    Hi,

    I understood it to be that in your case the learner would not be eligible. We had a situation where a UK national emigrated to the USA for 10 years then returned to the UK and they were deemed to not be eligible.

    I could be wrong but we have interpreted the residency of “living in the EU/EEA for 3 years” trumping the nationality and passport.

     
    #279312

    Laura
    Participant

    Thanks Rhiannon, it is really useful to have some support in this role. I told the learner she wasn’t eligible after re-reading point 31, which was difficult to explain as she has other EU rights but I agree that seems to be what the rules say. She seemed to think she may get funding elsewhere but understood we couldn’t take her.

     
    #279319

    Rhiannon
    Participant

    I had the same problem, the learner was signing on at JCP and claiming benefits yet couldn’t access our courses.

     
    #279386

    steveh
    Participant

    Yes, you are correct, funding is really about residency in the EEA, not about what passport you have.

     
    #279853
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