Guidance for Overseas Applicants

Right to work in the UK

UK and EEA nationals and doctors whose immigration status entitles them to work as a doctor in training in the UK are eligible to apply for specialty training. Evidence of immigration status would be a biometric residence card, date stamped passport and/or identity card, together with an accompanying letter from the Home Office detailing which type of visa has been granted. All of these documents need to be dated as at or prior to the application closing date.

Other non-UK or non-EEA nationals with limited leave to remain in the UK, whose employment will require a Tier 2 visa, are subject to the resident labour market test. This would include, for example, doctors on student visas or Tier 1 Points-Based System who are restricted from taking employment as a doctor in training. The labour market test means that you would only be considered if there were no suitable UK or EEA national (settled status) candidate for the post.

You will be asked to bring your passport and proof of your immigration status to any interviews or assessments you attend.

Immigration Statement

In April 2012 the UK Border Agency will close the Tier 1 (Post Study Work) immigration route. This route has previously been used by non-UK and non-EEA doctors who have graduated from a UK medical or dental school and have successfully completed their Foundation Programme.

The following advice on when to apply for specialty training will therefore apply for doctors applying for entry to programmes starting after 1 April 2012:

You are eligible to be considered for specialty training (including GP) in both Round 1 and Round 2 if:

You are a UK or EEA national
You are a non-UK or non-EEA national and your immigration status allows you to work without restriction in the UK. For example if you have Tier 1 or dependant status, and no restriction against working as a doctor or dentist in training.
You are a non-UK or non-EEA national, you graduated from a UK medical or dental school, your immigration status currently entitles you to work in the Foundation Programme and where you would have previously been eligible for Tier 1 (PSW). You will need to apply for Tier 2 sponsorship, but you will be exempt from the Resident Labour Market Test (RLMT) in this instance.

You are eligible to apply for core and specialty training in Round 2 if:

You are a non-UK or non-EEA national who has limited leave to remain in the UK and do not fall into one of the above categories. You will require Tier 2 sponsorship and will be subject to the RLMT.

Applicants who are subject to the RLMT may only be considered if there is no suitable UK or EEA national candidate for the post. As the RLMT will not have been satisfied in Round 1 of the recruitment to specialty training, you should consider applying during Round 2 if the RLMT applies to you.

Evidence of immigration status should normally consist of a biometric residence card, date stamped passport, and accompanying letter from the Home Office. Please visit http://www.ukba.homeoffice.gov.uk/_ for more information.

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 with no restriction placed on you to prevent you working as a "doctor or dentist in training"	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 - with 12 months continuous employment in the UK	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.