New rules on international medical graduates

The Home Office has laid immigration rules implementing the first part of the new Points Based System, which is the Tier 1 (General) route for highly skilled migrants. The rules impose a condition on Tier 1 (General) migrants and Highly Skilled Migrants prohibiting them from taking a post as a doctor in training. The new rules took effect from 29th February but will not impact on recruitment until 2009. The following will be prohibited from accessing post-graduate medical training posts:

·    Migrants from overseas who are applying to the Highly Skilled Migrant Programme (HSMP).
·    Migrants already in the UK who are applying to switch to Tier 1 (General).
·    ?Migrants in India who are applying for entry clearance as a Tier 1 (General) Migrant.

The following will be exempt:
·    Those who currently have leave to remain in the UK as a Highly Skilled Migrant.
·    Postgraduate doctors or dentists who are seeking leave to remain as a Tier 1 (General) Migrant.

The rules are expected to reduce the potential pool of new migrant applicants by between 3,000 to 5,000 in 2009. However, due to the high numbers of potential exemption – currently estimated to be around 10,000 – the Government says that further action is required. The Department estimates around 700 to 1,100 UK doctors will be displaced and unable to secure a training place in 2009, 2010 and beyond.

The Government says that its preferred option is to implement guidance stating that IMGs should be considered for post-graduate and specialty training posts in the NHS only if there are no suitable UK or European Economic Area (EEA) applicants.

Such guidance was originally deemed unlawful, but the House of Lords has heard an appeal and a decision is expected in May. If the Department's appeal is successful, the guidance could be implemented in time for the next round of recruitment on June 1st.