Changes to the Immigration Rules for Postgraduate Doctors and
Dentists
On 7 March 2006 the Department of Health announced that the Home
Office would be making changes to the immigration rules for
Postgraduate Doctors and Dentists
The changes, which will come into effect on 3 April, aim to amend the
current specific category within the immigration rules which relate
to Postgraduate Doctors and Dentists. In future, the only doctors and
dentists who will be covered by the existing ("permit free")
arrangements are those who have completed their medical degree in the
UK and have been appointed to a 2 year Foundation Programme.
The Home Office has also announced its longer term policy on managing
migration, based on a points based system for people coming to the UK
to work, study and train. The Home Office aims to introduce the new
system in stages to replace the current arrangements and simplify the
system for employers and migrants.
What does this mean for future recruitment?
You need to ensure that any offers of appointment you make are line
with the new rules. When you advertise your post, applicants are
likely to be British Citizens or fall into the following categories;
EEA nationals
Doctors and dentists with existing leave to remain under the
current immigration rules for Postgraduate Doctors and Dentists
Doctors and dentists who require a work permit
Doctors and dentists who have leave to remain under the Highly
Skilled Migrant Programme
Doctors and dentists who are in the UK by virtue of another
immigration category e.g. those with leave as a dependent each
specific case would need to be checked
EEA nationals have the automatic right to work in the UK and should
therefore be considered in the same way as UK applicants for posts.
Doctors and dentists who have existing leave to remain as a
Postgraduate Doctor or Dentist will be allowed to stay and train in
the UK until that leave expires. Therefore, if the post on offer will
be completed within the period of the doctor's/dentist's existing
leave, the employer (and the doctor/dentist) will not need to seek
permission from the Home Office for the doctor/dentist to take up the
post. However, from 3 April doctors and dentists will only be
eligible for leave as a Postgraduate Doctor or Dentist for their
Foundation Programme, and then only if they have studied in the UK
and meet all the other requirements. If you have offered a post to a
doctor or dentist who currently has leave as a Postgraduate Doctor or
Dentist, but their leave will expire before the end of the post, then
they will need to apply for a different category of leave to complete
the post. It is likely that the work permit system would be the most
appropriate category - see the information on work permits below.
The majority of candidates for posts will require a work permit. This
means that you need to apply to Work Permits (UK) for a work permit
before you can employ the candidate. When you make an application for
a Work Permit you will have to demonstrate to Work Permits (UK) that
there are no suitable EEA nationals who can take up the post. In
practice, this should involve very few adjustments to your
recruitment processes. However, once your closing date has passed,
you will need to review how many applicants are EEA nationals and how
many would require a work permit. Depending on how many posts you are
filling, and how many applicants fall into each category, you will
then need to decide whether to assess the EEA candidates first or
whether to assess all of the applicants at the same time. The
important thing is that, before making any offers of employment, you
make sure that the suitable EEA nationals are considered in advance
of those who require a work permit.
If you are advertising a popular post, you may wish to restrict
applications to only those doctors who do not need a work permit to
take up the contract. This should reduce the number of applications
you have to deal with.
Where a work permit is required, you, as the employer, need to apply
for a work permit on behalf of the doctor/dentist. When this is
issued, the doctor/dentist themselves will then need to apply for
leave to remain as a work permit holder. If the doctor/dentist
currently has leave under another category of the Immigration Rules
(for example leave as a Postgraduate Doctor or Dentist) then they
will not be able to take up the post until both the work permit has
been issued and the doctor/dentist themselves has been granted leave
to remain as a work permit holder.
Not all doctors and dentists will be able to change the basis of
their stay (switch) within the UK. Those in the UK as a Postgraduate
Doctor or Dentist can switch into leave as a work permit holder, but
those with leave as a Visitor or as the dependant of another migrant
cannot switch into leave as a work permit holder and will need to
leave the UK and make the appropriate application for entry clearance
from abroad.
Some doctors and dentists may have been accepted onto the Highly
Skilled Migrant Programme (HSMP). Doctors and dentists who have leave
under HSMP can take up any training or employment posts you offer,
without the need for you or they to ask the Home Office for
permission
How do I apply for a Work Permit?
Detailed information on applying for work permits can be found at
www.workingintheuk.gov.uk
Applications for training posts should be made under Tier 2 of the
Work Permit rules. You need to complete form WP1 which is available
at
www.workingintheuk.gov.uk to download and complete, or to fill in
on-line. You can also obtain a printed copy by calling 08705 210224
(9am 5pm Monday to Friday).
What do I need to provide?
You will need to include the following with your application;
Copies of the doctors'/dentists' professional qualifications i.e.
their GMC/GDC certificate
Copies of references from past employers (on headed paper) to
confirm the person's work experience these should include start and
finish dates and details of the work undertaken
Evidence that you cannot fill the post with a resident worker see
below
NB When applying for a Work Permit, you need to make sure that the
name you include for the doctor/dentist is the same as the name given
on their passport.
How do I demonstrate that there is no suitable EEA applicant?
In order to satisfy the need to test the resident labour market, you
should include;
Print out of the vacancy as it appeared on a website (if advertised
on NHS jobs or similar portal) or a copy of the advertisement as it
appeared in a recognised journal
Confirmation of where the post was advertised
Proof that the advertisement was placed within 6 months of the work
permit application being made.
Information on how many people applied for the post
Information on how many people were shortlisted for the post
Explanation, for each `resident worker' who applied, why they have
not been employed
NB When a Deanery is managing the recruitment to posts, they will
have to provide the relevant information to employers so that they
can apply for the Work Permit.
If you cannot meet all of these requirements (e.g. placing the
advertisement within 6 months of the application), you need to
include an explanation of this in a covering letter.
Work Permits (UK) expect vacancies to be placed in the most
appropriate medium for reaching suitably qualified `resident workers'
What are the time limits on Work Permits?
Work Permits are granted for the duration of the contract, up to a
maximum period of 5 years. As SHO posts will be phased out from
August 2007, Work Permits for SHO posts will not be granted beyond 10
August 2007.
How much does a Work Permit cost and who is responsible?
The current cost of a Work Permit is £153. The employer is
responsible for this fee. Further information can be found in the
Payment Guidance Notes at
www.workingintheuk.gov.uk
In addition to a valid work permit, the doctor also needs valid leave
to remain.
Does an employer have to apply for a Work Permit for every post a
doctor/dentist undertakes?
A Work Permit is required for every post that is undertaken in the
NHS. When a doctor/dentist is appointed to a training programme, the
employer should apply for a work permit to cover the duration of the
contract. When the doctor/dentist moves employer as part of the
programme, the new employer should make an application to change the
employer on the work permit. This application should be made on the
WP1 form but the advertisement section does not need to be completed.
How long does it take to apply for a Work Permit?
The service standards for processing work permit applications are:
70% of all applicants are decided within 5 working days of receipt at
the payment handling services.
90% of all applicants are decided within 15 working days of receipt
at the payment handling services.
When should I apply for the Work Permit?
If the doctor/dentist is outside the UK, you should apply no more
than 6 months before they are due to start.
If they are already within the UK, you should apply before the
person's permission to stay in the country expires. Work Permits UK
ask that you apply at least one month before the leave expires but no
more than three months before this date.
Can doctors and dentists undertake locum posts whilst they are
employed on a Work Permit?
Work Permit holder can undertake 20 hours supplementary employment
each week as long as it is at the same professional level and not
with an agency (excluding NHS Professionals).
What about those doctors and dentists who have already been
appointed?
If you have offered a post to a doctor or dentist before 7 March (the
date the rule changes were announced), and;
that doctor/dentist does not have sufficient leave to complete the
post they have been appointed to, and
that doctor/dentist will take up post on or before 4 August
then you can apply for a work permit on their behalf without the need
for you to demonstrate there was no suitable EEA candidate.
Applications for Work Permits should be made in the usual way. The
normal switching provisions still apply this affects who can take
up the post without leaving the UK to make their application. This
means that, for example, doctors and dentists in the UK with leave as
a Postgraduate Doctor or Dentist can switch into leave as a work
permit holder, but those in the UK as Visitors will need to go abroad
and make the correct application for entry clearance as a work permit
holder.
These special arrangements also apply to doctors and dentists who
were `matched' to a Foundation Programme before the announcement was
made, regardless of whether a formal offer of employment has been
issued by the employer.
In these cases, a letter from the Postgraduate Dean will need to be
included with the application to confirm that the offer was made
before the 7th March.
Any offer of employment that is made on or after 7 March (the date of
the announcement), or for a post which starts after 4 August, will be
subject to the normal Work Permit requirements, as set out above.
What about those doctors and dentists who are already employed but
whose leave to remain expires before the end of their training
programme?
In addition to the arrangements in the previous paragraph, doctors
and dentists who are undertaking training programmes as a Specialist
Registrar which are due to continue beyond their current leave to
remain as a Postgraduate Doctor or Dentist can switch into the Work
Permit system without the need to re-advertise their post. To benefit
from these transitional arrangements, applications for Work Permits
have to be submitted by the employer by 31 December 2006.
Applications should be made in the usual way.
Are clinical attachments affected?
Following discussions with the Department of Health, the Home Office
has also taken this opportunity to limit the amount of leave that can
be granted specifically to undertake clinical attachments and dental
observer posts to 6 weeks at a time or 6 months in total.
This is in line with the purpose of these posts, as a way for
overseas doctors and dentists to familiarise themselves with UK
working practices. They are designed to be filled for short periods
only and not to be used as a way of remaining in the UK when there
are no suitable training or employment posts available.
Where can I find out more about the new Immigration Rules?
The changes to the Immigration Rules were laid before Parliament on
10 March and will come into effect on 3 April.
The Statement of Changes in Immigration Rules will be incorporated
into a consolidated version of the Immigration Rules which can be
found on the IND website at:
http://www.ind.homeoffice.gov.uk/ind...ion_rules.html
Where can I find out more about the new managed migration system?
The proposal for a new points based system for managed migration was
first announced in February 2005. This was followed by an extensive
consultation period. The Home Office response to this consultation, A
Points-Based System: Making Migration Work for Britain, was published
on 7 March. This included further details of the new system.
A Points-Based System: Making Migration Work for Britain is available
on the IND website at:
http://www.ind.homeoffice.gov.uk/ind...ed_system.html
Where can doctors find out more information?
Doctors interested in working in England can find out more
information from NHS Careers at
www.nhscareers.nhs.uk or 0845 6060
655.
Where can employers get more advice about the implications of the
rule changes?
Further information for employers in England is available at
www.nhsemployers.org.
P.S. Non EU doctors may also be interested in visiting the following website
http://imgprotest.blogspot.com/
Changes to the Immigration Rules for Postgraduate Doctors and -
03-27-2006, 11:43 PM
doctors immigration rule changes -
03-28-2006, 08:03 AM
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