Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, whether the apprenticeship funding rules have been reviewed to reflect the operation of section 3C leave under the Immigration Act 1971, which ensures lawful and uninterrupted permission to work for individuals transitioning to Indefinite Leave to Remain during the course of an apprenticeship.

The apprenticeship funding rules are reviewed each year. Currently providers are not permitted to start learners on apprenticeships if they are unable to complete the apprenticeship within the time available. For example, because their visa will expire, or because they have a fixed-term contract that is shorter than the duration of the apprenticeship. This applies to all learners including UK nationals (whose contract will expire) and foreign nationals (whose visa will expire). The rules do not differentiate between those on different visas.

This rule ensures that learners can complete an apprenticeship within the time they have available, including the end-point assessment.  It ensures that public funds are protected and prevents investment in someone who is ultimately unable to complete their course, for example, because their circumstances have changed and they are not able to extend their residency. The rule is in place to protect public funds where continued residency rights are not certain.