Version 1.0 - Last Updated: 24 Feb 2021

Residency and evidence factsheet

2020/21 in depth eligibility criteria


The table below provides in depth information about eligibility criteria.

Status

Eligibility criteria

UK national

UK national

  • ordinarily resident
  • 3 years of residency in the UK immediately before the learning aim**
  • resident in the UK on or before the first day of the learning aim

** If the learner has not been resident in the UK for the 3 years immediately before the learning aim, they may be eligible if they can prove a temporary break in residency. A temporary break may be eligible if:

  • the break was in the EU or EEA
  • the break was outside of the EU or EEA due to things beyond the learner’s control (for example, a parent’s or spouse’s temporary work) and they had the intent and evidence to show that a return to the UK was imminent

RoW national

Spouse of a UK national

  • ordinarily resident
  • 3 years of residency in the UK immediately before the learning aim**
  • resident in the UK on or before the first day of the learning aim
  • spouse or civil partner of a UK national

EU national

  • resident in the UK on or before the first day of the learning aim
  • 3 years of residency in the EU or EEA immediately before the learning aim

Family member*** of an EEA national

  • resident in the UK on or before the first day of the learning aim
  • 3 years of residency in the EEA immediately before the learning aim
  • has a family member*** who is an EEA national

Child of a Swiss national

  • resident in the UK on or before the first day of the learning aim
  • 3 years of residency in the EEA or Switzerland immediately before the learning aim
  • has a parent who is a Swiss national and is living in the UK on the first day of the learning aim

Child of a Turkish worker

  • resident in the UK on or before the first day of the learning aim
  • 3 years of residency in the EEA, Switzerland or Turkey immediately before the learning aim
  • has a parent who is a Turkish national and is working in the UK

EEA migrant worker

  • resident in the UK on or before the first day of the learning aim
  • 3 years of residency in the EEA or Switzerland immediately before the learning aim
  • working or has a family member*** who is working in the UK

Indefinite Leave to Remain

  • ordinarily resident in the UK
  • 3 years of residency in the UK immediately before the learning aim**
  • resident in the UK on or before the first day of the learning aim
  • has been granted indefinite leave to remain before the learning aim start date

Refugee status

  • resident in the UK on or before the first day of the learning aim
  • the learner or their family member*** has been granted refugee status before the application is submitted (this can be after the learning aim start date)

For information

If the learner is applying for a loan as the child or stepchild of a refugee, they’ll only be considered a ‘child’ if they were under the age of 18 at the time of the parent’s application. If the learner is applying for a loan as the husband, wife or civil partner or a refugee, they must have been their husband, wife or civil partner at the time of their application to the Home Office.

Limited Leave to Remain – Humanitarian Protection (HP)

  • resident in the UK on or before the first day of the learning aim
  • 3 years of residency in the UK immediately before the learning aim**
  • the learner or their family member*** has been granted limited leave to remain due to humanitarian protection before the application is submitted (this can be after the learning aim start date)

Right of permanent residence

  • ordinarily resident
  • 3 years of residency in the UK immediately before the learning aim**
  • resident in the UK on or before the first day of the learning aim
  • the learner has been granted right of permanent residence before the learning aim start date

Family Reunion Visa

  • ordinarily resident in the UK
  • 3 years of residency in the UK immediately before the learning aim (discretionary, please see the evidence section)
  • resident in the UK on or before the first day of the learning aim
  • the Family Reunion Visa was granted before the learning aim start date

For information

A Family Reunion Visa is usually granted due to a family member*** being given refugee status in the UK. There are 2 acceptable types of a Family Reunion Visa:

  • Visa Family Reunion – Indefinite Leave to Enter
  • Visa Family Reunion – Indefinite Leave Until

Print this section
Back to top