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Restricted work/ no work as doctor in training

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Dunksten
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Restricted work/ no work as doctor in training

Post by Dunksten » Thu Mar 28, 2013 5:05 pm

Hi
I applied for tier1 extension application as dependant and received permit today with restricted work status whereas my last grant of leave was without restriction and I was actually working as dr in training then and now. I send my trust letter and all other required docs this time, wht shall I do now???need urgent help

ban.s
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Post by ban.s » Thu Mar 28, 2013 6:30 pm

when did you and the primary tier1 holder receive your first T1 & Dependant visa/leaves?

Dunksten
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Post by Dunksten » Thu Mar 28, 2013 6:50 pm

March 2011 , we got first tier 1

ban.s
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Post by ban.s » Thu Mar 28, 2013 7:01 pm

The rules were changed in 2008 and since then Tier 1 applicants / dependants are not allowed to work as a doctor in training posts.

was the restriction endorsed on primary T1 holders initial entry clearance?

Dunksten
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Post by Dunksten » Thu Mar 28, 2013 8:20 pm

no, there was no restriction imposed on my primary tier 1 dependant visa given in march 2011,and hence i was working in training post since then.

correct me if i am wrong,these restrictions were for new applications after 2008 or for those who had already restricted work stamp on primary visa,besides , i am dependant not main applicant........

ban.s
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Post by ban.s » Thu Mar 28, 2013 8:32 pm

for new applicants since April 2008 - initially it was for Indians and then later rolled out all NON EU from the summer of 2008.

was the restriction endorsed on main applicant's initial T1 visa in 2011? or none of you had the restriction?

Dunksten
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Post by Dunksten » Thu Mar 28, 2013 9:03 pm

Main applicant had it but I ( dependant) didn't have it.

ban.s
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Post by ban.s » Thu Mar 28, 2013 9:17 pm

I have seen cases where the restriction was not endorsed on the dependant visa but as per 319D(b)(iii)the restriction is applicable to the dependants.

Dunksten
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Post by Dunksten » Thu Mar 28, 2013 10:04 pm

ban.s wrote:I have seen cases where the restriction was not endorsed on the dependant visa but as per 319D(b)(iii)the restriction is applicable to the dependants.
Thanks for the reply. Just to clarify, 319D(b)(iii) is for dentists and 319D(b)(ii) is for doctors. And it clearly states that if someone didn't have the restriction on the previous visa and is currently working in a training post then they will be exempted from this restriction. any comments?

ban.s
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Post by ban.s » Thu Mar 28, 2013 10:20 pm

Dunksten wrote: Just to clarify, 319D(b)(iii) is for dentists and 319D(b)(ii) is for doctors. And it clearly states that if someone didn't have the restriction on the previous visa and is currently working in a training post then they will be exempted from this restriction. any comments?
319D(b)(iii) refers to both doctors and dentists.

319D(b)(ii) refers to police registration

(b) Entry clearance and leave to remain under this route will be subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required under paragraph 326 of these Rules,

(iii) no Employment as a Doctor or Dentist in Training, unless the applicant:
I agree you can point out that there was no endorsement on your initial Entry Clearance, however

319D. (a) (i) / ((b) is applicable for both Entry Clerance and Leave to Remain - unless you satisfy any other exemption conditions, the initial EC should have had the restrictions. Why it was not endorsed that I can't say!

Dunksten
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Post by Dunksten » Thu Mar 28, 2013 10:35 pm

ban.s wrote:
Dunksten wrote: Just to clarify, 319D(b)(iii) is for dentists and 319D(b)(ii) is for doctors. And it clearly states that if someone didn't have the restriction on the previous visa and is currently working in a training post then they will be exempted from this restriction. any comments?
319D(b)(iii) refers to both doctors and dentists.

319D(b)(ii) refers to police registration

(b) Entry clearance and leave to remain under this route will be subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required under paragraph 326 of these Rules,

(iii) no Employment as a Doctor or Dentist in Training, unless the applicant:
I agree you can point out that there was no endorsement on your initial Entry Clearance, however

319D. (a) (i) is applicable for both Entry Clerance and Leave to Remain - unless you satisfy any other exemption conditions, the initial EC should have had the restrictions.
319D(b)(iii) (2) is applicable to doctors. The reason I didnt get the restriction on my previous visa was because I was in training post at that time as well, therefore, I applied for the exemption. My first dependant was given in 2007 and at that time there was no restriction on dependant visa. Since then I have always been part of the training programme and therefore I have been exempted from the training post restriction.

ban.s
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Post by ban.s » Thu Mar 28, 2013 10:42 pm

ah! So point out the error to UKBA and get your endorsement removed.
You had done that in that past and once applied for exemption.

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