Guidance for Overseas Applicants

orIf you are subject to immigration control, you will be required to provide evidence of your immigration status as at the closing date of the post to which you are applying.

Evidence of immigration status should normally consist of a date stamped passport and/or identity card, together with an accompanying letter from the Home Office detailing which type of visa has been granted. These documents would need to be dated as at or prior to the job application closing date. Applicants should visit

http://www.ukba.homeoffice.gov.uk/ for more information.

If you have limited leave to remain, you will be considered for the post as long as your immigration category allows you to take up a training programme and is valid on the closing date of the post to which you are applying.

If your Entry Clearance vignette or your UK National Identity Card is endorsed “no employment as a doctor or dentist in training”, you will only be able to take up a training post under Tier 2 of the Points Based System. This appointment is subject to meeting the requirements of the Resident Labour Market Test, with the exception of applicants for ST4 Paediatrics – this is currently a shortage specialty, shortage occupations are regularly reviewed by the Migration Advisory Committee - http://www.ukba.homeoffice.gov.uk/aboutus/workingwithus/indbodies/mac/

The following table sets out the main categories of limited leave to remain and eligibility to take up specialty training programmes.

*Category*	*Status*
Refugee status awarded by UK, and partner/civil partner or spouse	Can take up a training programme
Partner/civil partner or spouse of a UK citizen	Can take up a training programme
Partner/civil partner or spouse of a UK citizen on a probationary period	Can take up a training programme
HSMP or partner/civil partner or spouse of HSMP (no restriction placed on you to prevent you working as a ‘doctor in training’).¹	Can take up a training programme
Postgraduate Doctor or Dentist or partner/civil partner or spouse	Can take up a training programme
Tier 4 students on a recognised UKFPO affiliated Foundation Programme	Can take up a training programme
Medical graduates of Scottish medical schools on a ‘Fresh Talent: Working in Scotland’ visa	Can take up a training programme, provided you are currently on the Foundation Programme or in Specialty training.
Tier 1 clearance or partner/civil partner or spouse of Tier 1 (no restrictions placed on you to prevent you working as a ‘doctor or dentist in training’).	Can take up a training programme
UK Ancestry or partner/civil partner or spouse	Can take up a training programme
Partner/civil partner or spouse of work permit holders	Can take up a training programme
Partner/civil partner or spouse of students with initial grant of more than 12 months	Can take up a training programme
Citizens of other EEA country / Switzerland - except for Bulgarian and Romanian nationals - see next box	Can take up a training programme
Bulgarian and Romanian nationals	Can take up a training programme subject to obtaining either an accession worker card or registration certificate
Tier 2 – Shortage Occupation – ST4 Paediatrics only	Can take up an ST4 Paediatric training programme
Non medical students at MA / PhD level applying for Public Health	Can take up a training programme
Residents of other EEA countries (with only indefinite leave to remain in other EEA country)	Cannot take up a training programme
Non EEA partners of EEA nationals	Cannot normally take up a training programme unless have been granted leave to enter the UK as the partner of an EEA national
HSMP or partner/civil partner or spouse (restriction placed on you to prevent you taking specialty training posts – your endorsement will read ‘no employment as a doctor or dentist in training’).¹	Cannot take up a training programme on this visa status, but can switch into Tier 2, if the Resident Labour Market Test is satisfied. New Entry Clearance must be sought from outside the UK
Tier 1 clearance (restriction placed on you to prevent you taking specialty training posts – your endorsement will read ‘no employment as a doctor in training’). See above	Cannot take up a training programme on this visa status, but can switch into Tier 2, if the Resident Labour Market Test is satisfied. New Entry Clearance must be sought from outside the UK
Clinical attachment visa	Cannot take up a training programme
Partner/civil partner or spouse of students with initial grants of less than 12 months	Cannot take up a training programme
Working Holiday Makers	Cannot take up a training programme
Visitors	Cannot take up a training programme
Non EEA nationals with leave to remain in other EEA countries (including those with refugee status in other countries)	Cannot take up a training programme
PBS Tier 2 sponsored workers	A new Certificate of Sponsorship can be issued in respect of the training post, if the Resident Labour Market Test is satisfied.
Partner / civil partner or spouse of a PBS Tier 2 worker with a visa endorsement which reads “no employment as a doctor in training” ²	A new Certificate of Sponsorship can be issued in respect of the training post, if the Resident Labour Market Test is satisfied. New Entry Clearance must be sought from outside the UK
PBS Tier 5 sponsored workers	Cannot apply for a training programme.
Partner / civil partner or spouse of a PBS Tier 5 worker with a visa endorsement which reads “no employment as a doctor in training” ²	Cannot take up a training programme on this visa status, but can switch into Tier 2, if the Resident Labour Market Test is satisfied. New Entry Clearance must be sought from outside the UK

Notes:

1 The immigration rules were changed on 29 February 2008. From that date, some doctors with leave under the HSMP (and their partners) will not be able to take employment as ‘doctors in training’ – see note above.

2 The immigration rules were changed on 27 November 2008. From that date, new applicants for Tier 2 or Tier 5 sponsorship (and their partners) will not be able to take employment as ‘doctors in training’ unless the resident Labour Market Test has been satisfied.