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Certainly discriminatory, but given the legitimacy of the immigration rules, it is considered fair.This job is unlikely to attract a work permit. Applications from candidates who require a permit to work in the UK may not be considered if there are a sufficient number of other suitable candidates.
Precisely!Not sure I am understanding the point? Are you saying that some posts are fixed term and if the person does not have LTR of that length they are not getting appointed
Until now, I personally know that a number of doctors who held dependent status LTR even less than 1 year being appointed to 3/5 year fixed term posts. The understanding is that these people "have a right to work" without needing a workpermit and their current length of LTR had no relevance.Candidates with limited leave to enter or remain who are not currently employed on a work permit (‘able to work as authorised by the Secretary of State’) and who have no endorsement in their passport prohibiting them from taking up employment, can also be considered for employment in the same way as a UK candidate.
It should not be assumed that doctors who have insufficient leave to remain to complete the programme/post they are applying for will be successful in any application they make to the Home Office to extend their stay. The requirements they will need to meet in order to extend their stay will depend on the category of leave they have – for instance if they are here as the dependant of another migrant, they will only be able to extend their stay if the migrant whose dependant they are meets the requirements to extend their stay. In these cases, it would be reasonable for an employer to assume that these doctors may need a work permit to fulfil the contract and therefore not treat them as a UK candidate. If they are successful in securing a post, an employer should then apply for a work permit to allow them to take up the post if relevant (this will depend on the category of leave they have, and whether they are eligible to change the basis of their stay accordingly).
John, this is not just a case of ignorance. There is a clear inner motive of restraining international medical graduates to be able to grab these highly prestigious post that get them to the highest level in medical training ie Consultant specialists in their respective fields.After all, why did the Government introduce HSMP at all? To give a route to highly qualified people to work in the UK without needing a WP. If NHS Trusts are ignorant about the way an HSMP extension is easy to achieve for someone who is working, then surely some education of NHS Trusts needed.
Out goes the equal opportunity policy held in esteem by the NHS. An HSMP holder who has spent his time making himself highly skilled will lose out on the simple fact that his LTR is not long enough!!When it comes to shortlisting, the DH have advised that doctors should be divided into two groups, the first being those who have permission to work in the UK (either because they are UK or EEA citizens, have indefinite leave to remain, or have permit-free status that will last beyond the end of the post or rotation being applied for, or other similar permission), and the second being those who don’t. The doctors in the first group would be considered first for shortlisting, and the second group would be considered only if no-one from the first category could be appointed for whatever reason. This would often mean a second round of interviews, but not a second round of applications.
