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Changes to Immigration rules for doctors (as of December 2008)
During 2008 the UK government has introduced a points-based
immigration system. This system consists of five tiers, three of which
are particularly relevant to doctors from outside the European Economic
Area (EEA) who wish to work in the UK.
Tier 1
Tier 1 replaced the Highly Skilled
Migrant Programme (HSMP) in February 2008. This tier allows highly
skilled migrants to apply for permission to work or train in the UK
without a job offer.
Applicants will need to gain a minimum number of points
awarded across several criteria to be accepted into Tier 1. The points
requirements are as follows:
- 75 points for attributes (age, previous earnings, qualifications, UK experience)
- 10 points for evidence of English language skills
- 10 points for maintenance funds
Applicants who fail to get the required number of points will be rejected.
Doctors who apply to switch into Tier 1 from the HSMP, Postgraduate
Doctor and Dentist or Fresh Talent Working in Scotland immigration
categories will be able to work as a doctor-in-training under Tier 1.
The BMA has been advised that doctors who apply to switch into
Tier 1 from HSMP who make their application to Tier 1 from outside the
UK will have restrictions placed on them being employed as a
doctor-in-training as their application will be treated in the same
manner as any other out-of-country application. The Home Office has
advised the BMA that any doctors on HSMP who wish to extend their leave
to remain in the UK under Tier 1 should apply to Tier 1 fromwithin the UK.
Doctors who apply to switch into Tier 1 from any other immigration
category aside from HSMP, Postgraduate Doctor and Dentist and Fresh
Talent Working in Scotland (e.g. Tier 2/ work permit) will be able to
work under Tier 1 (provided they get the required points) but will be restricted from being employed as a doctor-in-training (i.e. working in recognised postgraduate training positions).
Individuals can self-assess their eligibility for Tier 1 by using the points-based calculator on the UKBA website
Tier 2
Tier 2 has replaced the old system of work permits. This tier allows UK
employers to recruit workers from outside the UK and EEA to fill
vacancies which they have been unable to fill with a UK or EEA worker
(if no UK/EEA candidates are available to fill the post then it is
classed as satisfying the 'resident labour market test').
Tier 2 applicants must have a job offer from a sponsoring
employer which must be able to prove it has already tried
unsuccessfully to recruit from within the UK and EEA or that the job is
a shortage occupation [shortage occupations are determined by the
Migration Advisory Committee].
If a job satisfies the resident labour market test or is
listed as a shortage occupation then the employer will issue a
certificate of sponsorship confirming they have recruited the worker
who will then use this to apply for permission to enter the UK under
Tier 2. The permission to enter the UK will be linked to the employment
offer. If any new employment is sought a new certificate of sponsorship
from the new employer will be required.
Tier 2 is a points-based system. To be eligible applicants
will be required to gain a minimum number of points in the following
areas:
- 50
points for attributes (including points awarded for the job passing the
resident labour market test or being listed as a shortage occupation,
qualifications, prospective earnings)
- 10 points for maintenance funds (having adequate funds to support themselves and any dependants)
- 10 points for providing evidence of English language competence
Individuals can self-assess their eligibility for Tier 2 by using the points-based calculator on the UKBA website
Tier 5
Under Tier 5 permission to enter the UK can be granted to overseas
nationals coming to undertake exchanges or education and training
initiatives sponsored by government departments. The Medical Training
Initiative is the scheme operated by the NHS.
Permission to enter the UK to take up MTI posts will be granted for up to 2 years.
Tier 5 does not offer a route to settlement in the UK.
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