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. 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 (RLMT) and would only be considered for appointment if there were no suitable UK or EEA national (settled status) candidates for the post.

Applicants will be asked to bring their date stamped passport and/or identity card together with proof of their immigration status to any interviews or assessment centres.

 

Applicants in the following categories are eligible to be considered for appointment in both Round 1, Round 1 re-adverts (CT1/ST1 recruitment) and Round 2 (ST3/ST4 recruitment):
  • UK or EEA national 
  • Non-UK or non-EEA national where immigration status allows work without restriction in the UK e.g. those holding dependant status with no restriction against working as a doctor or dentist in training. 
  • Already on Tier 2, applying to continue training with the same sponsor and/or the same training number.
  • Applying for a specialty in a shortage occupation.
  • Non-UK or non-EEA national who has graduated from a UK medical or dental school, who currently has UK Tier 4 status to work in the Foundation Programme. Applicants in this category will need to apply for Tier 2 sponsorship, but will be exempt from the Resident Labour Market Test (RLMT) if they have had continuous immigration status in the UK since graduation.
  • Non-UK or non-EEA national who currently has Tier 4 status to complete a Masters or PhD. Applicants must have completed their Masters or completed 1 year of their PhD to be exempt from the RLMT. 

Please note: Applicants to General Practice who are subject to the Resident Labour Market Test will be considered for appointment in Round 1.

 

The following applicants can apply and be considered for appointment in core and specialty training in Round 2:
  • Already on Tier 2 and applying for a different specialty and changing sponsor. Applicants in this category will require Tier 2 sponsorship and will be subject to the RLMT.
  • Non-UK or non-EEA national who has limited leave to remain in the UK, who does not fall into one of the above categories. Applicants in this category will require Tier 2 sponsorship and will be subject to the RLMT. 
  • Non-UK or non-EEA national who does not currently hold a UK visa status. Applicants in this category will require Tier 2 sponsorship and will be subject to the RLMT.

 

Please note: Where immigration status changes part way through a recruitment round, this could change an applicant’s right to work status. Any applicants in this position should contact the lead recruiter immediately. If applicants have already been rejected from the process due to their immigration status at the point of application, they cannot be reinstated if their status changes at a later stage. 

If an immigration status changes, after an offer has been made, which will make the applicant subject to the RLMT, this could result in the offer being withdrawn, where meeting the RLMT cannot be demonstrated for that specialty in the recruitment round. 

Please note: From 6 April 2017, the Home Office require those applying to come to the UK as a Tier 2 doctor or dentist in training, and their adult dependants, to produce a criminal record certificate from any country in which they have been resident for 12 months or more, consecutively or cumulatively, in the previous 10 years, aged 18 or over.

If successful in being appointed to a training programme in the UK, and require Tier 2 sponsorship, they will be required to provide the criminal record certificate to the Home Office when they make their visa application. As it can take some time to obtain a criminal record certificate, applicants should be advised to begin the process of seeking certificates, if required, at the earliest opportunity.

Details of how to obtain such a check from the relevant authorities abroad is available on the Home Office website at: https://www.gov.uk/government/publications/criminal-records-checks-for-overseas-applicants

If the country concerned is not listed, please contact the relevant embassy or consulate for further details. Contact details can be found at: https://www.gov.uk/government/publications/foreign-embassies-in-the-uk

 

Information for Overseas Nationals

 Applicants subject to immigration control (including limited leave to remain), you will be required to provide evidence of their immigration status as at the closing date of the post to which they are applying.

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

The Resident Labour Market Test (RLMT) will be applied if applicants are in an immigration category which does not allow them to take up a training programme, and they need to “switch” their status to the Tier 2 category. For further details please visit: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/791035/Tier_2_Policy_Guidance_03_2019.pdf 

Applicants exempt from the RLMT will be considered for posts alongside UK/EU/EEA nationals and other settled workers. 

Applicants subject to the RLMT will be considered for posts after UK/EU/EEA nationals and settled workers. Applicants needing to “switch” their immigration status, should check the UK Visas and Immigration website to see if they may switch within the UK - https://www.gov.uk/tier-2-general. Categories that are not cited in this link previously required a “restricted” Certificate of Sponsorship (RCoS) from the Tier 2 sponsor. However, since 6 July 2018, medical practitioner and nursing occupations (SOC codes 2211 and 2231) have been exclude from the Tier 2 general limit. Unrestricted CoSs can now be assigned in the New Hires – Doctors/Nurses/ High Value/Inward Investment unrestricted sub category of Tier 2 General. Applicants may be required to return to their home country to make their visa application. Applicants who are unsure of the correct route to follow should gain immigration advice from an authorised advisor/lawyer as we cannot provide advice regarding leave applications. 

Non UK / EEA nationals who have graduated from a UK medical or dental school will have an additional exemption from the RLMT when moving from their Foundation Programme (in Tier 4) directly into specialty training (in Tier 2). This is a one off exemption when switching from Tier 4 to Tier 2. Nationally sponsored trainees (e.g. those sponsored by Health Education England or NHS Education for Scotland) requiring sponsorship for Core training /Higher Specialty Training will be classed as extension applications and will also be exempt from the RLMT within their sponsorship area. Nationally sponsored trainees will need to meet the RLMT when they apply for posts outside of their sponsorship area. 

All applicants for specialty training must hold or be eligible to hold full registration with the GMC/GDC. 

Please note it is the applicants’ responsibility to inform the Recruitment Office of any changes to their immigration status during the process.

 

The following table is based on the current Home Office immigration rules (correct as at August 2018) and is subject to change. 

UK/EEA
Category Status
UK National Exempt from the RLMT
Partner/civil partner/spouse of an EEA national resident in the UK without endorsement “no employment as a Doctor or Dentist in training”  Exempt from the RLMT 
Partner/civil partner/spouse of an EEA national resident in the UK with endorsement “no employment as a Doctor or Dentist in training” Subject to the RLMT 
Fiancé(e)s of a UK national  Subject to the RLMT and will need a Tier 2 RCoS 
EU/EEA nationals 2 (excluding Croatian nationals)  Exempt from the RLMT
Swiss nationals Exempt from the RLMT
Croatian nationals  Exempt from the RLMT if the applicant meets the following criteria: 
  • Has been working in the UK for a continuous period of at least 12 months by the post start date
  • Were working legally in the UK without restrictions on 30 June 2013 
  • Had a UK visa before 1 July 2013 which is still valid
  • Has a degree from the UK and graduated less than 12 months ago by the time of the start date 

If the above criteria is not met, the applicant will be subject to the RLMT. They will require a Tier 2 CoS and will need to apply for a purple certificate. See the following link for more information: https://www.gov.uk/croatiannational/overview 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tier 1 Visas
Category Status
Tier 1 (Post Study Worker) Applicant will need to switch to a Tier 2 visa but will be exempt from the RLMT
Tier 1 (General) Applicant will need to switch to a Tier 2 visa but will be exempt from the RLMT 
Tier 1 (Entrepreneur) Applicant will need to switch to a Tier 2 visa but will be exempt from the RLMT 
Tier 1 (Investor) Applicant will need to switch to a Tier 2 visa but will be exempt from the RLMT 
Tier 1 (Exceptional Talent) Applicant will need to switch to a Tier 2 visa but will be exempt from the RLMT 
Tier 1 (Graduate Entrepreneur)

Applicant will need to switch to a Tier 2 visa but will be exempt from the RLMT​ 

 

Tier 2 Visas
Category Status
Tier 2 (General) Applicant will be subject to the RLMT if they change sponsor or occupation code when applying for a new Tier 2 Visa
Tier 2 (Intra-company Transfer) Subject to the RLMT
Tier 2 (Minister of Religion) Subject to the RLMT
Tier 2 (Sportsperson) Subject to the RLMT

 

Tier 4 Visas
Category Status
Graduate of a UK medical/dental school (currently FY2) or successfully completed the Foundation Programme Applicant will need to switch to a Tier 2 visa but will be exempt from the RLMT
Doctorate Extension Scheme

Applicants who have successfully completed one of the following will be exempt from the RLMT:

  • A UK Bachelors or Masters degree
  • A minimum of 12 months towards a UK PhD
Currently studying for a Masters/PhD Applicants who have completed their Masters or one year of their PhD will be exempt from the RLMT. Applicants who do not meet this criteria will be subject to the RLMT
Other Applicants should enquire with the relevant recruitment office or Tier 2 team to find out whether they are exempt/subject to the RLMT

 

Tier 5 Visas
Category Status
Tier 5 (Youth Mobility Scheme) Applicants who have graduated from the UK may be exempt from the RLMT. Applicnats should enquire with the relevant recruitment office or Tier 2 team to find out whether they are exempt/subject to the RLMT
Tier 5 (Temporary Worker – Charity Worker) Subject to the RLMT and will need a Tier 2 RCoS
Tier 5 (Temporary Worker – Creative and Sporting) Subject to the RLMT and will need a Tier 2 RCoS
Tier 5 (Temporary Worker – Government Authorised Exchange) Subject to the RLMT and will need a Tier 2 RCoS
Tier 5 (Temporary Worker – International Agreement) Subject to the RLMT and will need a Tier 2 RCoS
Tier 5 (Temporary Worker – Religious Worker)  Subject to the RLMT and will need a Tier 2 RCoS

 

Other Immigration Status
Category Status
Indefinite Leave to Remain/Settled Status Exempt from the RLMT
Dependant of a person with Indefinite Leave to Remain/Settled Status Exempt from the RLMT
British National (Overseas) with Right of Abode Exempt from the RLMT
British National (Overseas) with no Right of Abode  Subject to the RLMT and may need a Tier 2 RCoS
PLAB/Clinical Attachment/Business Visa/Visitor Subject to the RLMT and will need a Ter 2 RCoS
Refugee status awarded by UK, and partner/civil partner or spouse Exempt from the RLMT 
UK Ancestry visa holder Exempt from the RLMT
UK Ancestry visa holder Exempt from the RLMT
Dependant of UK Ancestry visa holder Exempt from the RLMT
Turkish Worker Subject to the RLMT
Turkish Business Person  Subject to the RLMT
Short-term study visa (not over 11 months) Subject to the RLMT 
Discretionary leave to remain Exempt from the RLMT
No immigration status within the UK Subject to the RLMT 

 

Further information can be found in the Applicant Handbook here

 

Contact Tier 2 team
Contact EOE Immigration team
Wednesday, 22 May, 2019
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