Annex 1
POSTGRADUATE DOCTORS AND DENTISTS those granted
leave as a postgraduate doctor or dentist prior to 3 April 2006
Below is guidance about the effects of these changes
on those who were granted leave as a Postgraduate Doctor or Dentist
prior to 3 April 2006. There is guidance on:
— The effect of the changes.
— Those granted leave as a Postgraduate
Doctor or Dentist prior to 3 April 2006 who will not meet the
new requirements.
— Transitional Arrangements—Senior
House Officer and equivalent grades and Foundation Programme/Pre-Registration
House Officer Year.
— Transitional Arrangements—Specialist
Registrars and equivalent Grades.
The effect of the changes
Prior to 3 April 2006, the category for Postgraduate
Doctors and Dentists enabled non-EEA doctors and dentists to train
in the UK at the following levels:
— Basic Specialist Training—this
refers to Senior House Office (SHO) and equivalent grades.
— Higher Specialist Training—this
refers to Specialist Registrar and equivalent grades. The General
Practice Vocational Training Scheme (GPVTS) is also considered
as higher specialist training.
Since 3 April 2006, only those who have studied
in the UK and are taking a Foundation Programme will meet the
requirements. Those in Senior House Officer or Specialist Registrar
posts (or posts at the equivalent grades of either of these) will
no longer be eligible for a grant of leave as a Postgraduate Doctor
or Dentist, and those undertaking a Foundation Programme (or Pre-Registration
House Officer year) will only be eligible if they studied in the
UK and meet all the other requirements.
These doctors and dentists can continue to come
to the UK, but need to meet the requirements of the relevant part
of the Immigration Rules, such as the work permit system. Work
permits can now be granted for posts at all three levels.
Those granted leave as a Postgraduate Doctor or
Dentist prior to 3 April 2006 who will not meet the new requirements
— Any leave granted as a Postgraduate
Doctor or Dentist prior to 3 April 2006 will continue on the same
conditions. The leave remains valid and the conditions of leave
remain the same.
— This means that they can continue
to train in relevant posts, including completing ongoing posts
and taking any relevant new posts, while their leave remains current
and valid.
— However, an extension of stay as
a Postgraduate Doctor or Dentist can only be granted if the new
requirements are met.
— The switching provisions remain effective—therefore
those with leave as a Postgraduate Doctor or Dentist who want
to work in the UK can switch into leave as a work permit holder,
highly skilled migrant, business person or innovator, if they
meet the relevant requirements.
— They can also switch into leave to
undertake a period of clinical attachment or dental observer post,
if they have the relevant observation post arranged and meet the
remaining requirements.
— Anyone who does not qualify under
the new Rules for leave as a Postgraduate Doctor or Dentist, and
who does not switch into an appropriate alternative category,
will have to leave the UK when their leave expires.
— Transitional arrangements are in
place for doctors and dentists offered a recognised training post
before 7 March 2006 who do not have sufficient leave to complete
the post. These relate to the employer obtaining a work permit
without having to go through the resident labour market test.
All the other normal requirements remain, including all the other
work permit requirements and the normal restrictions on switching.
Transitional Arrangements—Senior House Officer
and equivalent grades and Foundation Programme/Pre-Registration
House Officer Year
— These transitional arrangements apply
to applicants:
— who were offered a place on a
Foundation Programme or a recognised training post as a Senior
House Officer (or equivalent grades) prior to 7 March 2006; and
whose post is due to commence on or before 4 August 2006; and
— who, because of the changes to
the Rules which took effect on 3 April, no longer meet the requirements
of the Immigration Rules for Postgraduate Doctors and Dentists;
and
— who do not have sufficient existing
leave to complete the post on offer (whether or not they currently
have leave as a Postgraduate Doctor or Dentist—they may
be abroad, or in the UK with leave in another category).
— If these requirements are met, then
the employer can apply for a work permit for the post on behalf
of the migrant and will not have to show that they have advertised
the post to the resident labour market. All the other normal requirements
remain in effect. If the work permit is granted, the migrant will
need to apply to switch into leave as a work permit holder and
meet the relevant requirements of the Immigration Rules for that
category.
— Therefore, the transitional arrangements
are of interest to employers who have gone through the recruitment
process and offered a training post to a non-EEA national before
7 March 2006 without carrying out a resident labour market search.
— As stated above, the transitional
arrangements apply to any non-EEA doctor or dentist who has been
offered a place either on a Foundation Programme or a recognised
training post at a Senior House Officer or equivalent grade. This
applies both to those in the country and those overseas, as long
as they have been offered a relevant training post before 7 March
2006 and meet the other requirements.
— The changes to the provisions for
Postgraduate Doctors and Dentists were announced on 7 March 2006.
Therefore any migrant who has been offered such a post on or after
7 March 2006 should have been fully aware when they were offered
the post that they would not qualify for leave as a Postgraduate
Doctor or Dentist to take up that post. Employers should equally
have been aware of the new requirements.
— The transitional arrangements only
apply to recognised training posts. Any other posts (including
Trust Doctor posts, which are not recognised training posts) will
not benefit from this concession and the normal work permit provisions
apply.
— The transitional arrangements only
apply where the posts on offer commence on or before 4 August
2006—which is the start of the next rotation period.
— We have set up these transitional
arrangements to enable the employer of any doctor or dentist who
was offered a relevant place prior to 7 March 2006 to be granted
a work permit without needing to advertise the job to EEA nationals
first (the resident labour market test). All the other requirements
of the work permit system must be met, and further details of
the work permit provisions are available on the Working in the
UK website. Once a work permit has been granted, the doctor or
dentist will need to apply to switch into leave as a work permit
holder.
— If the applicant does not fall within
these transitional provisions, then they can still come to or
remain in the UK as a work permit holder. However, the employer
will need to show that all the normal work permit requirements
are met (including that the post has first been advertised to
the resident labour market).
Please note: there is no exemption to the normal
switching provisions. Therefore a doctor or dentist who is already
in the UK with leave in a category which does not allow switching
into leave as a work permit holder, but who wants to benefit from
these transitional arrangements, will have to leave the UK and
apply for entry clearance in the normal manner. This includes
those in the UK with leave as a Visitor or leave as the dependant
of another migrant, where there is no provision for them to switch
into leave as a work permit holder.
Further information on the work permit process
is available on the Working in the UK website at www.workingintheuk.gov.uk.
Transitional Arrangements—Specialist Registrars
and Equivalent Grades
— Those with existing leave as a Postgraduate
Doctor or Dentist.
— Many Specialist Registrar programmes
last for five years. Under the previous provisions, leave as a
Postgraduate Doctor or Dentist could be granted for a maximum
of three years at one time. Any non-EEA national in a Specialist
Registrar programme would therefore need more than one period
of leave as a Postgraduate Doctor or Dentist in order to complete
their programme.
— In recognition of this, there is
a concession for anyone who has existing leave as a Postgraduate
Doctor or Dentist to take up posts at Specialist Registrar or
equivalent grades to switch into the work permit system without
their employer needing to advertise the job to EEA nationals first
(the resident labour market test). All other work permit requirements
will still apply.
— This concession will only apply to
applications made before or on 31 December 2006. As the work permit
system involves a two stage process, this means that the employer
of an eligible migrant will need to apply for a work permit before
31 December 2006 in order to benefit from this concession.
— Employers can apply for a work permit
after 31 December 2006, but the application will not be considered
under the concession and the resident labour market test will
apply where relevant.
Further information on the work permit process
is available on the Working in the UK website at www.workingintheuk.gov.uk.
— Those who have been offered a recognised
training post as a Specialist Registrar, but who do not have leave
as a Postgraduate Doctor or Dentist.
— We recognise that the changes to
the provisions for Postgraduate Doctors and Dentists also affect
employers, who may have gone through their normal recruitment
procedure and offered a training post to a non-EEA national as
a Specialist Registrar without testing the resident labour market.
— Therefore the same transitional arrangements
apply to those who have been offered a recognised training post
as a Specialist Registrar before 7 March 2006 as to those who
have been offered a place on a Foundation Programme or a recognised
training post as a Senior House Officer (or equivalent grade).
— Further details are available above
(Transitional Arrangements—Senior House Officer and equivalent
grades and Foundation Programme/Pre-Registration House Officer
Year) but to summarise this concession applies to those:
— who were offered a recognised
training place/post as a Specialist Registrar prior to 7 March
2006; and
— whose post is due to commence
on or before 4 August 2006; and
— who, because of the changes to
the Rules which took effect on 3 April, no longer meet the requirements
of the Immigration Rules for Postgraduate Doctors and Dentists;
and
— do not have sufficient existing
leave to complete the post on offer (whether or not they currently
have leave as a Postgraduate Doctor or Dentist—they may
be abroad, or in the UK with leave in another category).
If these requirements are met, then the employer
can apply for a work permit for the post on behalf of the migrant
and will not have to show that they have advertised the post to
the resident labour market. All the other normal requirements
remain in effect. If the work permit is granted, the migrant will
need to apply to switch into leave as a work permit holder and
meet the relevant requirements of the Immigration Rules.
— If the applicant does not fall within
these transitional provisions, then they can still come to or
remain in the UK as a work permit holder.
— However, the employer will need to
show that all the normal work permit requirements are met (including
that the post has first been advertised to the resident labour
market).
— Please note: there is no exemption
to the normal switching provisions. Therefore a doctor or dentist
who is already in the UK with leave in a category which does not
allow switching into leave as a work permit holder, but who wants
to benefit from these transitional arrangements, will have to
leave the UK and apply for entry clearance in the normal manner.
This includes those in the UK with leave as a Visitor or leave
as the dependant of another migrant, where there is no provision
for them to switch into leave as a work permit holder.
Further information on the work permit process
is available on the Working in the UK website at www.workingintheuk.gov.uk
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