Page 1 of 1

ILR and Public funds question

Posted: Wed Nov 22, 2023 7:45 pm
by Sidmoe
Hi all,

I am on a Skilled visa and currently my visa is valid and I am employed. My partner has been offered a place in a College for a level 3 qualification to learn language and maths to upskill themselves to be able to find employment and is currently unemployed as language is a barrier to being able to find a suitable job. Our BRP says "No Public funds". Is this initiative of the government to provide level 2 and level 3 courses considered as public funds . This can be a number of things on the Gov.uk site such as free courses for jobs, adult learning etc. I do not want to have my future ILR application become risky as this may be classified as public funds. Can someone please help me on this? Many thanks

Re: ILR and Public funds question

Posted: Wed Nov 22, 2023 11:17 pm
by Ticktack
Sidmoe wrote:
Wed Nov 22, 2023 7:45 pm
Hi all,

I am on a Skilled visa and currently my visa is valid and I am employed. My partner has been offered a place in a College for a level 3 qualification to learn language and maths to upskill themselves to be able to find employment and is currently unemployed as language is a barrier to being able to find a suitable job. Our BRP says "No Public funds". Is this initiative of the government to provide level 2 and level 3 courses considered as public funds . This can be a number of things on the Gov.uk site such as free courses for jobs, adult learning etc. I do not want to have my future ILR application become risky as this may be classified as public funds. Can someone please help me on this? Many thanks
If it's free, then it isn't public funds. If it's paid for by the government using tax payers money, then your guess is as good as mine (public funds).

Re: ILR and Public funds question

Posted: Thu Nov 23, 2023 9:44 am
by zimba
Public funds with regard to immigration rules are very well defined: https://www.gov.uk/government/publicati ... blic-funds
Do not invent your own rules and requirements

Re: ILR and Public funds question

Posted: Thu Nov 23, 2023 11:47 pm
by Sidmoe
zimba wrote:
Thu Nov 23, 2023 9:44 am
Public funds with regard to immigration rules are very well defined: https://www.gov.uk/government/publicati ... blic-funds
Do not invent your own rules and requirements
Hi Zimba, thanks for your response and the link you shared. I read it and seems public funds for immigration purposes is well defined as you said. Although as it's a grey area for me and this policy is interpreted in different ways, I am going to go by what it says in our brp - no public funds and anything free is funded by someone aka the government, in my mind that equates to public funds.

Re: ILR and Public funds question

Posted: Fri Nov 24, 2023 2:06 am
by zimba
No that is not what public funds actually mean. Public funds are defined under section 115 of the Immigration and Asylum Act 1999 which simply prevents people subject to immigration control from accessing a range of welfare benefits. That does not mean anything that is provided for free or subsided somehow becomes public funds for the purpose of the immigration rules