Changes to the Immigration Rules

 

The end of Permit-free training.

From 3 April 2006 doctors in postgraduate training will no longer be eligible for permit-free training. For immigration purposes work in training posts will be treated as employment rather than training

Employers will need to obtain a work permit in order to employ overseas doctors, which will require demonstration that the post has been properly advertised, and that no suitably qualified UK or EEA resident is available for the post (the resident labour market test).

The only exception will be overseas nationals graduating from UK medical schools, who will be allowed up to 26 months of permit-free training in order to complete the Foundation Programme.

 

Transitional arrangements.

Existing permit-free training stamps will remain valid until their expiry.

Doctors who have existing training agreements that extend beyond their current period of permit-free training will be allowed to switch to a work permit without need for the employer to re-advertise the post. This concession will last only until 31 December 2006.

Doctors who were offered a post before 7 March 2006, starting in post before 4 August 2006, will be granted work permits without need to apply the resident labour market test.

Until 3 April the Home Office will grant permit-free training for doctors whose leave to remain in the UK runs out before the end of April, and who are in and will continue to be in training posts.

 

Appointment process.

For posts that start after 3 April 2006, employers will need to change selection procedures.

Employers will need to identify immigration status in advance. UK and EEA citizens who satisfy the person specification, as well as those with resident status that allows employment, such as dependent spouse status, exceptional or indefinite leave to remain, and HSMP (see below), should be offered appointment before applicants who do not have rights of residence and require a work permit. It would be wise to reflect this in the short-listing process, and possibly in the advertisement. The application form should request precise immigration status.

 

Highly Skilled Migrant Programme (HSMP)

This existing points-based scheme anticipates the new 5-tier scheme for all immigration and employment categories that will be introduced in 2007. Doctors with HSMP status have right of residence and employment for the duration of their passport stamp, and do not require a work permit, so can be considered equally with UK and EEA nationals. Doctors already in the UK can apply for HSMP during the currency of a visa in another immigration category.


 

Paddy Neligan, Associate Postgraduate Dean