Tier 1 restrictions from training?

[Moe81]

Hi everyone,

I am un a very frustrating situation. I am an overseas graduate .I was a CT1 in surgery last year (training) recruited by the deanery for 2 years, my employing trust got me a sponsorship so I was on a Tier 2 for the CT1 job for 1 year. Upon reading the UKBA guidance in annex D regarding doctors in training, my understanding was that I am eligible to switch to Tier 1 with no restrictions which was also confirmed by the UKBA public enquiries (however I had employment restrictions to the sponsoring trust).
Now I did get the Tier 1 but restrictions were applied and now I am going to get my current trust to sponsor me for a Tier 2 again, so 850 pounds down the drain.
I would also like to mention that some of my friends who were on a Tier 2 visa (given by the deanery, who also have emoployment restricted to hospitals whithn a deanery) amanaged to get the tier 1 visa without restricions, they are also overseas graduates.
If any one can help that would be great.

[geriatrix]

Are you sure if your CT1 post was in fact a training post or was it a LAS / trust doctor?

If the latter, then you cannot expect that the restriction not be applied to you when switching to Tier 1 (General) .... since requirement(s) in immigration rule 245D(d)(iii)(2) is not met. Also, at the time of Tier 1 (general) application, the applicant must be working in a training post to be eligible for exemption. Having worked on a training post in the past (that no longer exists) doesn't count.

regards

[Moe81]

Are you sure if your CT1 post was in fact a training post or was it a LAS / trust doctor?

If the latter, then you cannot expect that the restriction not be applied to you when switching to Tier 1 (General) .... since requirement(s) in immigration rule 245D(d)(iii)(2) is not met. Also, at the time of Tier 1 (general) application, the applicant must be working in a training post to be eligible for exemption. Having worked on a training post in the past (that no longer exists) doesn't count.

regards

I was in the training post when I applied to be precise, here ar the details.
appointed by wessex deanery on April 2009, after labour market test. Got a 2 year training placement within the deanery in core surgical training. worked as a CT1 in surgery (PMETB approved post, I had my ARCP and everything) from 05/0/08/2009 to 03/08/2010, sent my tier 1 application on 15/07/2010 (I was still in training) with a paper from the employing trust saying that I am in a training post. On 03/08/2010, case woekr contacted me and said because I am on teir 2, and I have restricted employment they will give me a tier 1 with restrictions, which i have right now, I am working as a trust doctor now until i get my sponsorship certificate sorted so i will apply for tier 2 again which will be for 1 year.

[geriatrix]

I think UKBA has advised you correctly since your training post was indeed restricted to the employing trust (Tier 2 sponsorship).

is applying for leave to remain and has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to any condition restricting their employment, and has been employed during that leave as a Doctor or Dentist in Training

.


regards

[Moe81]

I do understand that. This is where my querry was initially. I contacted them initially and they said that should not cause any problems, furthermore, I know a few people, in a simialr position as me, overseas gaduates, on tier 2 with employment restrictions who got a tier 1 without restrictions from training. I posted a big complaint to the UKBA about their unfair treatment and wrong information they provided me earlier through their UKBA public enquiries phone.

[Moe81]

Hello again,

I am here to say that unfair decisions are being made. A collegue of mine in an exact simialr situation as me, was on a tier 2 general visa (where his employment was restricted to the sponsoring employer) applied for Tier 1 general and got it for 2 years without restrictions from being employed as a doctor in training as he was in a training post.
I had the exact situation at the time i made my application but i was given tier general for 2 years with restrictions from being employed as a doctor in training, when i was already in a training job!!
what do i need to do? please help me.

[sriranga]

hi
I am in a similar situation.
i am in tier 1 dep now,with no restrictions on training.
currently in a training job.
will i be subject to restriction if i apply for tier 1 as an independent??
pl help

[speedo812003]

Hi all,

I had query regarding the restriction from working as a doctor in training. I am currently in UK on Tier 1 PSW and have a Master's degree in medicine from a UK University. Will I be able to escape the "no employment as doctor in training" clause, based on my masters or does it specifically has to be a MBBS degree. The Home Office website does not make it very clear. I would appreciate if someone with a similar experience share their views.

Many thanks

[geriatrix]

has obtained a degree in medicine or dentistry at bachelor's level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System; or

regards