Dear Joe,

 

Please see below in green. I hope it is useful. I am sure someone will correct me, if I’m mistaken.

 

 

 

Hi all

 

I’ve got a very specific question about SFA eligibility and I’d appreciate advice from anyone working with similar learners.

 

We get regular referrals of domestic abuse and trafficking victims. We take some of these learners on courses without claiming funding for them. We’ve can also accommodate some in volunteer run tutorials and conversation groups but we still can’t do as much for them as we can for funded learners.

 

In some cases I’m wondering whether it is possible to claim, particularly for people who have been in the UK longer than 3 years. These are the two most typical cases:

 

1.     Domestic violence victims who have been in the UK on a spouse visa - By the time we see them, they have notified the Home Office of their situation so the spouse visa is no longer valid. Any documents they have are usually with the Home Office for processing a claim to remain in the UK.  When varying leave (from spouse to DV), or awaiting the response to the application, and provided the variation request was made before their previous leave expired, the person is entitled to have their initial leave extended, in this case, leave as a spouse, by virtue of section 3C of the Immigration Act 1971 (called “3C leave”). I am not sure what can be done re: no documents, but solicitors/support workers usually keep a photocopy of key documents which would provide enough info. (all that is needed is passport confirming a spouse visa, and if it’s beyond the date stamped, a letter confirming an application for variation of leave has been made- from either the HO or solicitor-free, because they qualify for legal aid. I imagine this would be enough for the SFA/ESFA, but haven’t checked).

2.     Asylum seekers (with a case less than six months old) who were legally in the UK before applying for asylum - They were usually on a spouse or domestic worker visa before applying for asylum. Obviously, we are able to claim funding once their asylum claim is more than 6 months old.  All previous leave is usually cancelled once a claim for asylum is made, so for learners who have been in the UK as asylum seekers for less than 6 months, they remain ineligible, as you say, unless they are supported by the local authority under the National Assistance Act (1948, Section 21/ Care Act 2014), or they are receiving Section 4 support from the Home Office (Immigration and Asylum Act, 1999). Most asylum seekers are in receipt of either one or the other from my experience, although I have met one learner who was not, because she was living with family and did not qualify as “destitute”. She was placed in a non-SFA funded course instead.    

 

Does anyone know whether any of these learners might be eligible? If so, what would you accept as evidence if the learners weren’t able to provide their previous visa or residence permit? There’s a limit to what we can do for this group without being funded and I’d love to be able to do more.  

 

Joe

 

 

 

Joe Freeman
Development Manager (Learning & Skills)
Direct:	020 8962 5744
Mobile	07917 847988

 

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