Changes to the immigration rules for postgraduate doctors
March 2006
On 7 March the Department of Health announced changes to the immigration rules relating to postgraduate doctors. The changes, which will come into effect shortly, state that doctors will no longer be able to undertake training posts on permit free postgraduate training status. Instead, they will need to meet the requirements of another employment category, in most cases the work permit provisions.
Work permits are obtained by the employing NHS trust and under the work permit rules an employer must demonstrate that a genuine vacancy exists which cannot be filled by a suitably qualified or experienced UK or EEA national.
For doctors who are already working under permit free postgraduate training status any existing leave will continue on the current conditions. This means that they are free to continue their current post and take up any other relevant training posts until their leave under permit free training status expires.
The Department of Health has agreed transitional arrangements with the Home Office to cover those doctors who are in training programmes which will continue beyond the date on which their existing permit free training status expires. In addition these transitional arrangements are applicable to doctors who have been offered a post before the announcement was made on 7 March and whose post will start on or before 4 August. These doctors will be able to switch into work permit employment without their employer having to re-advertise the post and demonstrate that there is no suitably qualified UK/EEA candidate. We are awaiting further details about these transitional arrangements and will update this website when new information becomes available.
The one exception to these new provisions applies to non-EEA nationals who have trained at a UK medical school. They will be granted two years of permit-free training to complete the two year foundation programme so that they can acquire full registration with the GMC. Upon completion of the foundation programme they too will be required to obtain a work permit if they wish to continue working in the UK.
For further information please contact askBMA on 0870 60 60 828 or email askBMA@bma.org.uk