Can I work?? Confused doctor...

[chris84]

I entered the UK in 2002 as a medical student. I graduated in 2007. I was then granted a "Permit Free Training Visa" in August 2007. At the end of my foundation training I was asked to apply for a Tier 2 visa.

I got my COS from Imperial College NHS Trust and successfully applied for a Tier 2 visa in 2009. I was granted leave to remain until August 2012.

I am now a core medical trainee. It is a 2 year training programme where, in London, one year is spent in central London hospitals, the other is spent in district hospitals in Greater London.

When I moved to Hillingdon NHS Trust at the end of my first year of the 2 year training programme I was told I needed a new COS/Visa in order to work there. I was granted a COS at the end of August and I have sent of my Tier 2 application by post.

1) Am I allowed to continue working for Imperial College Trust?

2) Should I have been advised to apply for a Tier 1 visa last year?

3) Shouldn't I have been granted leave to remain until August 2010? (14 days after the expiry of my certificate of sponsorship given that I only ever had a 1 year contract with Imperial College Trust)

[geriatrix]

1. Yes.
2. Well, to switch to Tier 1 is your choice. Assuming that someone should have advised you to do so is perhaps inappropriate.
3. The visa duration depends on the length of sponsorship period mentioned in the CoS. So, you'll need to check with ICH HR regarding details of what did ICH HR mention as the length of employment / sponsorship for the CoS.

Tier 2 restricts you to work with the named employer, so everytime your employer changes (e.g.- on a rotation) you'll need a new CoS and a new visa. In other words, hassle and money!

Since you have graduated from a UK medical institution, if you switch to Tier 1 (General) then unlike other Tier 1 (General) migrants you'll not have the restriction "not allowed to work as a doctor in training" imposed on you (245D(d)(iii)(i)). So, if you qualify for Tier 1 (General), I would suggest that you go for it without delay.


regards