Learner Eligibility for ESFA Funded Courses

The majority of courses run by Luton Adult Learning are funded by Education Skills Funding Agency (ESFA).

2021/22 Funding Rules contain changes of eligibility for family members. The changes have been made due to EU Exit and changes to UK immigration rules and currently stand as below. With the move from an EU law (rights based) system to a UK immigration system, everyone who is not British or Irish is expected to have an immigration status.

Annex A of Funding Rules V2 (see page 85) sets out the countries falling within the categories mentioned below.

ESFA Funding Rules 2021 / 2022

Who we fund:

Individuals resident in areas of England outside of devolved authority areas Residency eligibility - Individuals will be eligible for ESFA funded AEB if the learning is taking place in England, and they fulfil the residency requirements set out in one or more of the following 4 categories:

1. UK nationals and other persons with right of abode

are UK nationals or other person with a right of abode* in the UK and
have been ordinarily resident in the UK or British Overseas Territories or Crown Dependencies (Channel Islands and Isle of Man) for at least the previous 3 years on the first day of learning (The British Overseas Territories are listed in Annex A of Funding Rules V2 (Page 85))

*Persons with the right of abode have the right to live and work in the UK. All British citizens have the right to abode. Further, some Commonwealth citizens have the right of abode.

2. UK nationals in the European Economic Area (EEA), individuals who meet the criteria in section 1 and they:

are UK nationals and
are living in the EEA on or before 31 December 2020 and
have lived in the EEA only or the EEA and UK only for at least the previous 3 years on the first day of learning and
have lived continuously in the EEA only and/or the EEA and the UK only between 31 December 2020 and the start of the course
the course starts before January 2082
the EEA includes all the countries and territories listed in Annex A of Funding Rules V2 (Page 85).

3. EEA nationals in the UK, individuals who meet the criteria and

with respect to EEA nationals not including Irish nationals, have obtained either pre-settled or settled status under the EU Settlement Scheme and
have lived continuously in the EEA, Gibraltar or UK for at least the previous 3 years on the first day of learning
the EEA includes all the countries and territories listed in Annex A of Funding Rules V2 (Page 85).

4. Other non-UK nationals, individuals who meet the criteria in section 1, and they fulfil the requirements of one or more of the below

A non-UK national who:
- has permission granted by the UK government to live in the UK and such permission is not for educational purposes only, and
- has been ordinarily resident in the UK for at least the previous 3
  
  years on the first day of learning
A non-UK national who is also a non-EEA national and:
- has obtained pre-settled or settled status under the EU Settlement Scheme and
- has been ordinarily resident in the UK for at least the previous 3 years on the first day of learning
An Irish national and:
- who is not also a UK national and
- has been ordinarily resident in the UK and/or Ireland for at least the previous 3 years on the first day of learning

Family members of UK and EEA nationals

A ‘family member’ is the husband, wife, civil partner, child, grandchild, dependent parent or grandparent of a UK or EEA national. A family member is eligible for funding if they:
- where required to do so, have obtained pre-settled or settled status under the EU Settlement Scheme and
- have been ordinarily resident in the UK and/or EEA for at least the previous 3 years on the first day of learning

Luton Adult Learning's responsibilities

We must check the eligibility of each learner, including where in England they are resident, at the start of each learning aim and only claim funding for ESFA funded AEB for eligible learners.

We must obtain:

Confirmation that we have seen the learner’s identity documents or immigration permission to verify their residency eligibility in line with Annex A of Funding Rules V2 (Page 85).
Confirmation that we are satisfied the learner is eligible for funding and (where necessary) where a learner’s permission to stay has expired we must hold evidence that an application to remain has been made.
We must keep evidence to confirm the type of evidence seen to satisfy
eligibility criteria.

Learners will be eligible for ESFA funded AEB for the whole of the learning aim or programme if they are eligible for funding at the start, even if the duration is for over one year.

We must reassess the learner for any further learning they start.

If an individual starts a learning aim or programme and is not eligible for funding, the ESFA will not fund their learning while they remain ineligible.

We must not fund a learner who is unable to complete a learning aim or programme of study in the time they have available. Any learner of any age must be able to achieve the learning aim or programme of study within the time they have available.

Proof of Eligibility - British or Irish citizens

A valid British or Irish passport.

If you don’t have a British or Irish passport, you can use a valid passport from another country. The passport must have a stamp or sticker on it saying you have right of abode.

If you don’t have a valid passport, you’ll need to show 2 different documents instead:

You should show one document with your name and National Insurance number on it - this must be from the government or a previous employer. For example, you could show a letter from the Department for Work and Pensions (DWP) or a tax document like a P45.
The second document you should show is either your:
- birth or adoption certificate, if it’s from a court or register office in the UK, Channel Islands, Isle of Man or Ireland
- certificate of registration or naturalisation, if you became a British citizen by applying for it

Proof of eligibility – Non UK or Irish citizens

Indefinite leave to enter or remain

your biometric residence permit from the Home Office - it must say you have settlement or indefinite leave to enter or remain
your valid passport - it must have a stamp or sticker from the Home Office saying there’s no time limit on your leave

Immigration status document

You can show your immigration status document and one other document if you don’t have a permit, passport or online share code.
You might have an immigration status document if you got indefinite leave to remain before 2013 and you either:
- are a refugee
- don’t have a biometric residence permit yet
Your immigration status document must have a residence permit sticker on it saying you have indefinite leave to remain.
The other document must have your name and National Insurance number on it - this document must be from the government or your previous employer. For example, you could show a letter from the Department for Work and Pensions (DWP) or a tax document like a P45.

The majority of courses run by Luton Adult Learning are funded by Education Skills Funding Agency (ESFA).

Annex A of Funding Rules V2 (see page 85) sets out the countries falling within the categories mentioned below.

ESFA Funding Rules 2021 / 2022

Who we fund:

Individuals resident in areas of England outside of devolved authority areas Residency eligibility - Individuals will be eligible for ESFA funded AEB if the learning is taking place in England, and they fulfil the residency requirements set out in one or more of the following 4 categories:

1. UK nationals and other persons with right of abode

are UK nationals or other person with a right of abode* in the UK and

have been ordinarily resident in the UK or British Overseas Territories or Crown Dependencies (Channel Islands and Isle of Man) for at least the previous 3 years on the first day of learning (The British Overseas Territories are listed in Annex A of Funding Rules V2 (Page 85))

*Persons with the right of abode have the right to live and work in the UK. All British citizens have the right to abode. Further, some Commonwealth citizens have the right of abode.

2. UK nationals in the European Economic Area (EEA), individuals who meet the criteria in section 1 and they:

are UK nationals and

are living in the EEA on or before 31 December 2020 and

have lived in the EEA only or the EEA and UK only for at least the previous 3 years on the first day of learning and

have lived continuously in the EEA only and/or the EEA and the UK only between 31 December 2020 and the start of the course

the course starts before January 2082

the EEA includes all the countries and territories listed in Annex A of Funding Rules V2 (Page 85).

3. EEA nationals in the UK, individuals who meet the criteria and

with respect to EEA nationals not including Irish nationals, have obtained either pre-settled or settled status under the EU Settlement Scheme and

have lived continuously in the EEA, Gibraltar or UK for at least the previous 3 years on the first day of learning

the EEA includes all the countries and territories listed in Annex A of Funding Rules V2 (Page 85).

4. Other non-UK nationals, individuals who meet the criteria in section 1, and they fulfil the requirements of one or more of the below

A non-UK national who:

has permission granted by the UK government to live in the UK and such permission is not for educational purposes only, and

has been ordinarily resident in the UK for at least the previous 3

years on the first day of learning

A non-UK national who is also a non-EEA national and:

has obtained pre-settled or settled status under the EU Settlement Scheme and

has been ordinarily resident in the UK for at least the previous 3 years on the first day of learning

An Irish national and:

who is not also a UK national and

has been ordinarily resident in the UK and/or Ireland for at least the previous 3 years on the first day of learning

Family members of UK and EEA nationals

A ‘family member’ is the husband, wife, civil partner, child, grandchild, dependent parent or grandparent of a UK or EEA national. A family member is eligible for funding if they:

where required to do so, have obtained pre-settled or settled status under the EU Settlement Scheme and

have been ordinarily resident in the UK and/or EEA for at least the previous 3 years on the first day of learning

Luton Adult Learning's responsibilities

We must check the eligibility of each learner, including where in England they are resident, at the start of each learning aim and only claim funding for ESFA funded AEB for eligible learners.

We must obtain:

Confirmation that we have seen the learner’s identity documents or immigration permission to verify their residency eligibility in line with Annex A of Funding Rules V2 (Page 85).

Confirmation that we are satisfied the learner is eligible for funding and (where necessary) where a learner’s permission to stay has expired we must hold evidence that an application to remain has been made.

We must keep evidence to confirm the type of evidence seen to satisfyeligibility criteria.

Learners will be eligible for ESFA funded AEB for the whole of the learning aim or programme if they are eligible for funding at the start, even if the duration is for over one year.

We must reassess the learner for any further learning they start.

If an individual starts a learning aim or programme and is not eligible for funding, the ESFA will not fund their learning while they remain ineligible.

We must not fund a learner who is unable to complete a learning aim or programme of study in the time they have available. Any learner of any age must be able to achieve the learning aim or programme of study within the time they have available.

Proof of Eligibility - British or Irish citizens

A valid British or Irish passport.

If you don’t have a British or Irish passport, you can use a valid passport from another country. The passport must have a stamp or sticker on it saying you have right of abode.

If you don’t have a valid passport, you’ll need to show 2 different documents instead:

You should show one document with your name and National Insurance number on it - this must be from the government or a previous employer. For example, you could show a letter from the Department for Work and Pensions (DWP) or a tax document like a P45.

The second document you should show is either your:

birth or adoption certificate, if it’s from a court or register office in the UK, Channel Islands, Isle of Man or Ireland

certificate of registration or naturalisation, if you became a British citizen by applying for it

Proof of eligibility – Non UK or Irish citizens

Indefinite leave to enter or remain

your biometric residence permit from the Home Office - it must say you have settlement or indefinite leave to enter or remain

your valid passport - it must have a stamp or sticker from the Home Office saying there’s no time limit on your leave

Immigration status document

You can show your immigration status document and one other document if you don’t have a permit, passport or online share code.

You might have an immigration status document if you got indefinite leave to remain before 2013 and you either:

are a refugee

don’t have a biometric residence permit yet

Your immigration status document must have a residence permit sticker on it saying you have indefinite leave to remain.

The other document must have your name and National Insurance number on it - this document must be from the government or your previous employer. For example, you could show a letter from the Department for Work and Pensions (DWP) or a tax document like a P45.

We must keep evidence to confirm the type of evidence seen to satisfy
eligibility criteria.