Learner Eligibility Declaration
Instructions for Staff Responsible for Enrolling Learners
This form should be used to determine eligibility for funding where learner has indicated on the enrolment form that they have not been resident in the UK for three years prior to the start of their course (question 15).
For funding purposes, the SFA regards as ordinarily resident in a given country or region any person who habitually, normally and lawfully resides from choice and for a settled purpose in that country. Temporary absences from the relevant area should be ignored. Someone who has not been ordinarily resident because he or she or the person’s parent or spouse or civil partner was working temporarily abroad will be treated as though the person had been ordinarily resident in the relevant area.
If a learner has been ordinarily resident as defined above in the UK (Including the Channel Islands & Isle of Man) for 3 years prior to the start of their course they should answer “yes” to question 15 on the enrolment form. If they have answered “no” in error please ask them to amend their answer. No further action need be taken.
Learners who have not been ordinarily resident (according to the above definition) in the UK for 3 years prior to the start of the course will need to declare that they are defined as eligible learners and provide appropriate evidence as indicated below.
Please tick the appropriate category, complete the form and attach a copy of the required evidence. Please note that both the learner and the member of staff carrying out enrolment need to sign the declaration.
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Category of learner eligible for funding(Please tick as appropriate) / √ / Type of Evidence Needed / Copy attached
√
1. / Persons with a right of abode in the UK –
· British Citizens
· those with the European Community –United Kingdom of Great Britain and Northern Ireland passports
· British Dependent Territory Citizens (now known as British Overseas Territory Citizens – see appendix 2 for details)
· those whose passports have been endorsed to show they have Right of Abode in the UK
· those who have a certificate of naturalisation or registration as a British Citizen
Please note that people with a right of abode must also have been ordinarily resident in the UK for 3 years to be eligible / Photocopy of Passport
2. / A national of any European Union (EU) country or spouse or civil partner of an EU national who has been ordinarily resident in the European Economic Area (EEA) for the three years preceding the start of their course.
See appendix 1 for details of EU and EEA / Photocopy of Passport of EU national
(& evidence of marriage / civil partnership if appropriate)
3. / An EEA migrant worker or the spouse or civil partner or child of an EEA migrant worker who has been ordinarily resident in the EEA for the three years preceding the start of their course / As 2 above
4. / Anyone who is recognised as a refugee by the UK Government (granted Refugee Status) who has remained ordinarily resident in the UK and Islands since so recognised, or the spouse or civil partner or child of such a refugee / Photocopy of Home Office documentation
5. / Anyone refused refugee status but who has been granted leave to stay by the Secretary of State, granted humanitarian Protection (HP) or Discretionary Leave (DL), or was granted exceptional leave to enter or remain (ELE/ELR) by the UK Government, and who has remained
ordinarily resident in the UK and Islands since so recognised, or the spouse or civil partner or child of such a person / Photocopy of Home Office documentation
6. / Persons with humanitarian protection (HP), discretionary leave (DL) or exceptional leave to enter or remain (ELE/ELR), their spouses, civil partners and children. / Photocopy of Home Office documentation
7. / Persons with recently settled status. (This means those having been granted indefinite leave to enter or remain, Right of Abode or British Citizenship within the three years immediately preceding the start of the course) / Photocopy of Home Office documentation
8. / The spouse or civil partner of a person with settled status, who has been both married, (or has undertaken a recognised civil partnership ceremony) and resident in the UK, for one year. / Photocopy of Home Office documentation & evidence of marriage/civil partnership
9. / · Asylum seekers who have legally been in UK pending consideration of their claim by the Home Office for longer than 6 months.
· Asylum seekers refused asylum but eligible and granted support under Section 4 of the Immigration and Asylum Act 1999. / Please contact AdEd for details of evidence required
Please sign the declaration on the next page.
Declaration to be signed by learner and member of staff.
Name of Learner………………………………………………………………………………….
Address……………………………………………………………………………………………
………………………………………………………………………………………………………
I declare that the details given above are correct.
Signature of learner ……………………………………Date…………………….……..
Name of member of staff enrolling learner……………………………………………
Provider…………………………………Course……………………………………..
I confirm that I have seen the appropriate evidence of eligibility and a photocopy is attached to this form
Signature…………………………………………………………Date ………………………….
One copy of this form and the required evidence should be attached to the enrolment form and retained by the provider.
A second copy of this form and the required evidence should be sent to:
RTRA-AYBL-CGRY
Adult Education
Gloucestershire County Council
Floor 1, Block 4
Shire Hall
Gloucester
GL1 2TG
If you have any queries about learner eligibility or completing this form please contact::
Mark Hewlett
Commissioning Manager
Tel: 01452 583850
Email:
Appendix 1: Defining EU, EEA and Eligible Overseas Dependant Territories.
This appendix lists the qualifying countries and/or areas that establish
learner eligibility for SFA programme funding.
Member states of the European Union (EU):
Austria Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany / Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Luxembourg
Malta
Netherlands / Poland
Portugal
Romania
Slovak Republic
Slovenia
Spain
Sweden
United Kingdom
Notes on certain territories that fall within the EU
The following notes help further define those territories which should be regarded as part of the European Union (EU) for the purposes of the fees regulations.
Finland: Includes Aland Islands
Germany: Includes territory of the former German Democratic Republic prior to
German unification. The tax-free port of Heligoland is included within the EU.
Spain: The Balearic Islands, the Canaries, Ceuta and Melilla are part of the EU.
France: The French Overseas Department (DOMS) (Guadeloupe, Martinique, French Guyana, Reunion and Saint-Pierre et Miquelon) are part of metropolitan France and are part of the EU.
Portugal: Madeira and the Azores are part of the EU. Macao is not
UK: Gibraltar is part of the territory of the EU. The Channel Islands and Isle of Man are not part of the EU nor are the Sovereign Bases on Cyprus.
Other territories: Andorra, Monaco, San Marino and The Vatican are not part of the EU.
Member states of the European Economic Area (EEA)
This includes all the EU countries and territories listed above together with the following countries:
Iceland, Liechtenstein, Norway, * Switzerland
* For simplicity for providers that have to assess learners for eligibility for SFA
funding, Switzerland is treated as within the EEA area. In law, Switzerland is not part
of the formally recognised EEA area but its national are similarly eligible under
various international treaties signed by the UK and Swiss governments.
Appendix 2: SFA Eligible Overseas Territories. UK or EU overseas territories for which the SFA will allow providers to claim funding.
Eligible British Overseas Territories
Anguilla
Bermuda
British Antarctic Territory
British Indian Ocean Territory
British Virgin Islands
Cayman Islands
Falkland Islands
Montserrat
Pitcairn Islands
South Georgia & the South Sandwich Isles
St Helena & its Dependencies
Turks & Caicos Islands
Eligible Overseas Territories of other EU member states
Greenland & Faroe Isles (Denmark)
Netherlands Antilles (Bonaire, Curacao, Saba, St Eustatius and St Maarten) and
Aruba (Netherlands)
French possessions:- New Caledonia French Polynesia, Wallis and Fortuna Mayotte St Pierre et Miquelon French Southern and Antarctic Territories
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