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Department of Health issues guidance for doctors applying to Tier 2

13 July 2009

Guidance for overseas doctors

Following the recent decision to allow some international doctors with specialty training job offers the opportunity to take up their posts under the Tier 2 immigration category without the resident labour market test being satisfied; the Department of Health has issued instructions to doctors and employers on how to complete the Tier 2 application forms correctly.

The guidance issued relates to doctors in this year's recruitment round only who would previously have applied to Tier 1 for further leave to remain in the UK to enable them to take a specialty training post.

The guidance includes the following instructions to employers (Tier 2 sponsors) on how to complete the certificate of sponsorship correctly. In Section 8 of the Certificate of Sponsorship - 'have you met the resident labour market test?' employers must tick the box.

In Section 9 of the Certificate of Sponsorship - 'give details of the resident labour market test including when and where the post was advertised' employers must insert the following wording - 'postgraduate doctors and dentists - Foundation Programme completed - exempt RLMT for Tier 2'.

Doctors completing their Tier 2 application forms must follow these instructions. In Section 4 - Attributes - K Tier 2 (General) and Tier 2 (Intra-Company Transfer) - K1 - Certificate of Sponsorship (select whether the applicant is claiming points for [tick one box] only) they must tick 'completion of a resident labour market test by the sponsor'. The reason for this is that the caseworker will award 30 points for this. However, the applicant must also ensure that they secure enough points through salary, qualification, maintenance and English language.

Doctors must mark the front of the application form very clearly with the following text or attach to the form a separate sheet of paper with the following text written on it - 'Postgraduate Doctors and Dentists - Foundation Programme Completed - Exempt RLMT for Tier 2'. This must be in either red or black marker and should be in bold letters.

Once received the UK Borders Agency will be able to recognise these applications and action them first. If the employee does not mark the application in the way described then it will not be processed in time for them to start their rotation on 5 August 2009.

 

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