Partner changing jobs and a tier-2 dependent PLAB-doctor

Dear All,

I have a query that I hope someone can help me with:

1. I have been residing in the UK since January 2007 as a work permit dependent, and then later as a dependent to a tier 2 migrant.
2. My present tier 2 dependent visa was issued in June 2009, and it DID NOT include any restrictions on my work as a "doctor in training".
3. At present my husband is switching employers, also on tier 2 scheme. I am now thinking of returning back to work as a medical doctor, but as I was a fresh graduate, I am presently preparing for PLAB, and was hoping to join the NHS doctor training programme when I finish.

My queries are:

A-Will my new tier 2 dependent visa include the restriction of "no access to doctor in training"?

B-In that case, what are the possible work options available to me after finishing PLAB?

C-Will I be able to work as a "doctor in training" after our settlement?

I appreciate your assistance on this matter.

Kind regards

doctorinuk wrote:Dear All,

I have a query that I hope someone can help me with:

1. I have been residing in the UK since January 2007 as a work permit dependent, and then later as a dependent to a tier 2 migrant.
2. My present tier 2 dependent visa was issued in June 2009, and it DID NOT include any restrictions on my work as a "doctor in training".
3. At present my husband is switching employers, also on tier 2 scheme. I am now thinking of returning back to work as a medical doctor, but as I was a fresh graduate, I am presently preparing for PLAB, and was hoping to join the NHS doctor training programme when I finish.

My queries are:

A-Will my new tier 2 dependent visa include the restriction of "no access to doctor in training"?

B-In that case, what are the possible work options available to me after finishing PLAB?

C-Will I be able to work as a "doctor in training" after our settlement?

I appreciate your assistance on this matter.

Kind regards

This is a very case-specific query, why not ask a immigration lawyer/consultant who's got the expertise to handle this?

It's better safe than sorry taking comments from an online forum. We are here to help each other, but there are a myriad of rules/compliance policies out there.

B&C are easy to answer; A is the one which requires detailed information about your husband's WP, Tier 2 (2009) and Tier 2 (2010) applications.

B. Sorry to say this - Bleak! Non-existant! While the restriction does not prevent you from working in any non-training posts (e.g. - staff grade) but since you're a fresh / recent medical graduate, the only posts suitable for you are Foundation Year 1 or 2 - which, unfortunately, are training posts!! I hope you are aware of MMC and the new training structure recently implemented in UK.

C. You will be able to apply for and work in training posts after settlement. Upon settlement you're free from immigration control and any restrictions contained within it.

Hope this helps.

regards

djzack wrote:It's better safe than sorry taking comments from an online forum. We are here to help each other, but there are a myriad of rules/compliance policies out there.

And inspite of that you yourself have been seeking suggestions on this forum.

Can't a doctor on the forum provide answers?? Or someone who knows the GMC and DOH rules and policies?? After all, it is only help and information people offer here .... not a contract that once someone responds the seeker must do as has been suggested to him!!

No offence meant ....


regards

sush,

Thanks a lot for your reply.

My husband entered the UK in January 2007 on a work permit visa, and myself as his dependent. Our visas got renewed in June 2009, and changed to the new Tier 2 system. However, because he remained with the same employer, he was allowed to extend my visa on what is known as the transitional arrangements, which meant some of the requirements of the points based system were waived.

His new tier 2 application is going to be a fresh application, where he is expected to give evidence of his earnings and English language, and his new position is checked with regard to the UK shortage list etc...

Does this explain the situation better?

sushdmehta wrote:

djzack wrote:It's better safe than sorry taking comments from an online forum. We are here to help each other, but there are a myriad of rules/compliance policies out there.

And inspite of that you yourself have been seeking suggestions on this forum.

Can't a doctor on the forum provide answers?? Or someone who knows the GMC and DOH rules and policies?? After all, it is only help and information people offer here .... not a contract that once someone responds the seeker must do as has been suggested to him!!

No offence meant ....


regards

TRIGGER-HAPPY


OP - Glad you got the advice you were loooking for..

doctorinuk wrote:sush,

Thanks a lot for your reply.

My husband entered the UK in January 2007 on a work permit visa, and myself as his dependent. Our visas got renewed in June 2009, and changed to the new Tier 2 system. However, because he remained with the same employer, he was allowed to extend my visa on what is known as the transitional arrangements, which meant some of the requirements of the points based system were waived.

His new tier 2 application is going to be a fresh application, where he is expected to give evidence of his earnings and English language, and his new position is checked with regard to the UK shortage list etc...

Does this explain the situation better?

Yes it does.

Earlier the transitional arrangements helped you because he swtiched from WP to Tier 2 under the WP terms and conditions. WP leave never had this restriction on employment in training posts for doctors.

But since your husband will now be applying as a new Tier 2 applicant (with a new COS), *in my opinion*, the leave granted to him and his dependent will have "no employment as doctor in training" endorsement.

regards

Sush,

Many thanks for this.

Don't you think that these new regulations are discriminative? I wonder why nobody has tried to challenge these rules with the home office.

What if I decided to challenge on the basis of the UN human rights for the migrant workers and their families? Do you suggest any legal or political route that I can follow? I know people challenged the changes to the HSMP system, and I think this is another unfair policy that needed to be challenged.

Regards

doctorinuk wrote:Don't you think that these new regulations are discriminative?

Life is complex, that is all I can say!

Any person who fails to get employer sponsorship might say Tier 2 system is discriminatory. Anyone who doesn't have masters qualification today or earns less than the min. requirement for Tier 1 might say Tier 1 system is discriminatory!! From the point of the govt., it is for them to decide who comes in, how and what rights one is entitled to (e.g.- work restrictions).

BAPIO had contested changes introduced in 2006 that affected foreign doctors working in UK and HSMP Forum Ltd. contested the changes introduced in the same year that affected migrants on HSMP. But, in both cases the legal challenge was against retrospective implementation of the new rules ... not the new rules themselves. And in both cases, the govt. lost!

This said, can anyone entering UK after these changes came into effect cry foul? Because the old rules never existed for them therefore expectation that the old rules be applied to them does not exist. When one enters UK based on a specific immigration scheme, he/she does so being fully aware of the conditions applicable to the scheme and is bound by them.

Personal opinion ...

regards