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Brexit – Advice for further education providers

The ESFA has updated its advice to further education and apprenticeship providers

25 Sep 2019

As it stands we are due to leave the EU on 31 October.  The ESFA has updated its advice to further education and apprenticeship providers in England on how to prepare for Brexit.

Their guidance covers the following areas:

· Informing pupils and staff from the EU about the EU settlement Scheme;

· EU pupils and staff arriving after Brexit;

· Eligibility for places;

· Employing teachers with EU qualifications;

· Checking EEA regulating authority teacher sanctions or restrictions;

· Travel to EU;

· Data protection;

· European Social Fund;

· Erasmus+;

· Food & medical supplies.

Further details can be found at:


What are the key messages?

At the time of writing the UK has not yet left the EU and until it does there are no changes to existing regulations.

Included below is a selection of some of the matters included within the guidance published:

1. Inform existing pupils and staff from the EU that a settlement scheme will be available for applications who wish to remain in the UK.

2. A new immigration system is planned to be implemented (2021) that is expected to be skills based.

However, should there be a ‘no deal’ then EU citizens arriving after exit can do so for a temporary period of 3 months until the new system is established.

· Application for a temporary leave to remain will be required for anyone planning to stay longer than 3 months but not longer than 36 months.

· Those wishing to stay for longer than 36 months (say on a 4 year course) will need to apply under the new immigration system, effective from 2021.

3. Schools and local authorities cannot take account of nationality or immigration status when deciding which pupil to admit. Any eligible citizen (settled status, temporary or other) will be entitled to attend state funded schools and colleges. This approach would continue to apply after Brexit but would need to meet the rules applicable to the new immigration regulations. The new system will not allow non-dependent foreign national children (16 and under) to access state funded schools.

Adults 19+ who start their courses and apprenticeships in 2019/20 & 2020/21 will be eligible for support including access to learner loans for the duration of their course. No guidance is provided beyond these dates at present. Access to funding for 16 to 19 education and training is provided to those who have the right to abode, right to work or recently settled status. This will continue after Brexit. Irish nationals will continue to access education on terms equivalent to UK nationals.

4. Safeguarding – EEA professional regulating authorities will no longer be required to automatically share details of any sanctions or restrictions imposed on teachers. Further guidance will be issued when available.

5. European funding may cease upon leaving the EU.

We recommend that educational institutions keep checking the Department for Education website for updates.

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