26 / 4 / 2016 Midday
General questions about immigration and international recruitment are answered in this section. This might be a useful starting point if you are looking to build your general understanding in this area.
EEA - European Economic Area
MTI - Medical Training Initiative
Our organisation is thinking of recruiting healthcare professionals internationally for the first time. Can you advise us on the best way to do this, and which countries we should target?
NHS Employers has produced a guide which covers all the main areas of consideration when planning international recruitment activity for the first time. When deciding which country to recruit from, one of the key decisions will be whether to look inside the EEA or further afield. The only firm guidance we can give is that employers must not actively target their recruitment activities at developing countries.
What are the visa rules when recruiting healthcare professionals from within the European Union?
Individuals from most EEA countries and Switzerland are not subject to worker restrictions in the UK, as they are covered by the European principles of free movement. There is an exception for Croatian nationals who are subject to worker authorisation requirements.
Employers should always obtain evidence of an individual’s status as an EEA national during the recruitment process, in line with the NHS Employment check requirements. Also be mindful that professional registration requirements for EEA nationals wishing to work in the UK do vary between different healthcare professions, make sure to check with the relevant regulatory body to ensure the correct process is followed.
How do we know which tier of the points-based system is most appropriate when recruiting individuals from outside of the EEA?
NHS Employers has produced a which summarises which tier needs to be used for which profession. Tier 2 (General) is the most common route for skilled workers who gain employment in the UK.
We wish to appoint an individual who has entered the country as a Tier 2 dependant. Can they switch from a dependant visa to Tier 2 visa in country?
No. They will need to leave the country and apply for a Tier 2 visa in their own right. Another option might be to remain as a dependant as they can work and do not require the employer to sponsor them.
Is there a Tier 3 route under the points based system?
No. There were previous plans for Tier 3 to accommodate low-skilled migrant workers, but the route was never implemented.
What is the Tier 5 route, and how might employers in the NHS use this route?
Tier 5 of the points-based immigration system allows UK employers to recruit individuals from outside the EEA and Switzerland for up to 24 months under the temporary worker or youth mobility categories.
The Medical Training Initiative
) is a recognised exchange scheme under the Tier 5 temporary worker category. MTI
enables suitably qualified overseas postgraduate medical specialists to undertake a fixed period of training in the UK, normally within the NHS. This is also up to a maximum stay of 24 months.
Switching from Tier 5 into other tiers is not permitted and the temporary nature of this tier means that there is no route to settlement.
How do NHS visitors from overseas get clearance to enter the UK?
In April 2015 the categories for visitors were simplified, and the previous business visitor route is now consolidated within the visitor (general) route. This route exists outside of the points-based system and may be used for NHS visitors in scenarios such as an overseas doctor completing an observership in the UK.
It is important to remember that if an individual is entering the UK with the intention of taking up employment, the visitor route is not appropriate.