FAQs: Right to work checks

FAQs - right to work

03 / 7 / 2015 1.55pm

Read commonly asked questions on employment checks and an individual's right to work in the UK. These FAQs should be read in conjunction with the right to work standard.

Q. Training rotations often run over the period of three years by three to four days, but the sponsorship management system (SMS) restricts us from assigning a certificate of sponsorship for any period exceeding three years. Will we need to apply for a further visa to cover the additional days?

No. Leave will be granted for up to 14 days after the end date of their certificate of sponsorship (CoS) and therefore they will still be able to work during this time.

Q. If a person is moving from foundation programme (under tier 4) to take up a post under tier 2, can this can be done in country?

Individuals will be able to switch in country from tier 4 to tier 2. More information for doctors on foundation training programmes is available on our website.

Q. Doctors in training are appointed to a five or six year training programme and are quite often required to rotate to new employers every six to 12 months as part of their training. Do we need to apply the resident labour market test (RLMT) each time they move?

You would not need to apply the RLMT while they remain on the same training number and are applying to continue a training programme they have already started i.e. when rotating from employer to employer for the duration of the five/six year training programme – as they would be regarded as being in continuous employment during this period.

However, the RLMT would apply where an individual changes their specialty or programme and moves into a different role – i.e. where moving outside of the current SOC Code.

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