Training as a doctor on ILR dependent visa

[ANHK]

Hi there,

I have been living in the UK since April 2013 in Tier 2 Dependent Visa Category . My spouse will be eligible to apply for an ILR as the qualifying period of 5 years will be reached this month, hence my immigration status will change as well i.e. ILR dependent.

I am an IMG( International Medical Graduate) and in the process of getting full registration with the GMC by passing the PLAB examinations.

Can I work as a doctor in training on ILR dependent Visa?

[iworker]

This is actually a good question.
Once your partner gets the ILR, you have 2 options.
You can continue on your tier 2 dependent visa, and apply its extension under tier 2 points dependent and then qualify for ilr once u have been here for 5 years.
Other option is u apply for flr(M) after your partner has got ilr. U will have to stay 5 years from that point onward as your 5 years counter will reset.

U will be definitely eligible for training posts if u change to flr(M), however i am not sure that you will be eligible for training position if u extend your visa under tier 2 dependent category.

I am not sure if u have read conditions and requriements for entry into training, but since you need 12 months GMC experience (not foundation programme) after getting your full registration, i dont think u will be eligible to apply for training this Nov for the positions starting next August.
So if you can find out that extending your tier 2 dependent with MAIN APPLICANT ON ILR, will not have any conditions on your visa, then i suggest you stay on this visa and extend it before it expires.
If that is not going to be the case, then change to flr(m) as soon as possible so your new 5 years counter starts as soon as possible.

[ANHK]

Thanks so much for your guidelines. I had no knowledge of the fact that ILR dependent Visa status did not have restrictions doctors for working in training posts.

I am at a stage in my career that I need to complete one year in foundation training (FY-2) before I am eligible to apply for speciality training posts , in Nov every year, that you have referred to in your response. I am at that point where I have completed a year of oversees internship ( FY-1 equivalent, in Aug 2012, after graduating in 2011) and in order to continue my professional journey,like medical students/doctors here in the UK are required to, I need to work in a foundation training post.

I am not sure that I was barred from working in a training post while I was on Tier 2 Dependent visa and likewise not sure whether I will be allowed if I have extension on Tier 2 Dependent Visa. My Visa ticket reads : No recourse to public funds. It DIDNOT say : NO work as a doctor in training and I did not presume that since it is not indicated I am not restricted. Was I correct?

Since my partner would already have acquired ILR status for a year ( he applies this month) , how would the Home Office/UKBA recognize me when my current Tier 2 Dependent Visa expires in Oct next year - extension on Tier 2 Dependent or partner of a Settled person in the UK? Or it will be unto me which immigration status request I apply for?

If the clock has to be reset when I get ILR dependent status it means that time on Tier 2 dependent + time on ILR dependent does not = 5 years qualifying ILR?

Also, where could I know if I have restrictions on working as a doctor in training while on Tier 2 Dependent/ Extension?

[ANHK]

Am I eligible to apply using FLR(M) given that my partner will be getting ILR from Tier 2 General Visa Category?

[iworker]

I am surprised that your visa does not say that u can not work as doctor in training. It should do!

Nevertheless, the NHS training positions asks what visa you are on, and tier 2 dependent is one of those categories in which they tell you that you will need to have a new visa.

Yes you are/will be in this month eligible for flr(m) even if your partner changes from tier 2.

Furthermore, I will suggest that u do more research about your eligibilty in working as doctor. Since u have done a year in your own country after your medical qualification, u do not need to do FY2 here. Unlike your country, here the internship lasts for 2 years called foundaiton program.
When u have cleared your plab, the gmc will ask u for this detail. If you have done 1 year in your own country, u will be given full membership with licence to practice. Which means u can apply for SHO level jobs and do not need to do FY2. although if there are any stand alone posts of fy2, u can apply for those.

[ANHK]

This is an excerpt from PBS Dependent Policy, Version 07/2014, page 7: (https://www.gov.uk/government/uploads/s ... _07-14.pdf)

Conditions of Stay
37. You will have the following conditions attached to any leave:
•No recourse to public funds,
• Registration with the police, if this is required by paragraph 326 of the Immigration Rules, • No employment as a professional sportsperson (including as a sports coach)
• No Employment as a Doctor or Dentist in Training, unless you:
○ have obtained a primary degree in medicine or dentistry from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System; or
○ are applying for leave to remain and have, or have last been granted, entry clearance, leave to enter or leave to remain that was not subject to a condition restricting your employment, whether that is employment as a Doctor or Dentist in Training or otherwise, and have been employed during that leave as a Doctor or Dentist in Training.

Can someone please explain the last paragraph highlighted in bold.
Is this the answer to why my Visa Ticket does NOT read : No recourse to doctor or dentist in training. And I fail to understand policy terms/logic behind it.

Also, when reading Guidance Notes on FLR(M) it says:
You must not use this form to make an application for an extension of stay in the following categories:
• As the partner of a serving member of HM Armed Forces under Appendix Armed Forces of the Immigration Rules. You must complete form FLR(AF).
• On the 10 year Partner route under Appendix FM of the Immigration Rules. You must complete form FLR(FP).
• As the partner of a person granted indefinite leave to remain in a work route, if you are currently in the UK as their dependant. See our website for further details: https://www.gov.uk/visas- immigration

Since my partner will be switching from work permit/Tier 2 General to ILR how can I use FLR(M) form, as highlighted in the paragraph in bold?

[ANHK]

And to complicate matters, if I choose to apply for extension of Tier 1,2 and 5 it reads: (https://www.gov.uk/government/uploads/s ... _04-14.pdf)


WHo SHoUlD Be APPlyiNg USiNg THiS Form?
This application form should only be completed by individuals who are already in the United Kingdom.
You should use this form if you are:
• Currently in the United Kingdom as
the dependant spouse, civil partner, unmarried or same-sex partner or child of a person in another immigration category who has, or is at the same time applying for, leave to remain as a PBS migrant.
• Currently in the United Kingdom as the dependent spouse, civil partner,unmarried or same-sex partner or child of a PBS migrant and seeking to extend their leave for a further period within their existing category.

Since my partner would have ILR, he wouldn't be in any categories highlighted in bold, hence I can't use this route. On the other hand, Guidance on FLR(M) says I can't apply using it either because my partner got ILR using the work route.

What should I do?

[rfd]

Hi ANHK,


Have you been able to find the answer for your question? MY wife is in a similar situation and would love to hear if you have been able to gain any clarity on the matter.

thanks,

RFD

[rajj121]

Hi ANHK,


Have you been able to find the answer for your question? MY wife is in a similar situation and would love to hear if you have been able to gain any clarity on the matter.

thanks,

RFD

My wife is also in similar situation, she has passed plab 2. she may apply for flr fp if there is no doctor practice restriction. plz let me know if any of you has knowledge abt this. Thank you