Update for doctors on the Highly Skilled Migrant Programme
May 2006
The situation relating to the Highly Skilled Migrant Programme (HSMP) remains extremely unclear.
The BMA sought legal advice on the HSMP and the situation of doctors on the HSMP who are applying for posts. Following receipt of this advice the BMA believes that doctors on the HSMP should not be restricted by the duration of leave to remain that they have under the HSMP. Our contacts with Work Permits UK confirm this view.
The BMA has raised this issue at its meeting with the Department of Health and the Home Office on 18 April and requested clarification from government. It is deeply concerned with the response that it has received and the Department of Health’s view that the employment opportunities of HSMP holders may be restricted by the duration of the holder's leave to remain in the UK.
The general rules relating to the HSMP were changed on 3 April 2006. Previously, individuals applied for leave initially for 12 months with an extension being granted for up to three years. Since 3 April, individuals initially apply for two years leave after which they can apply for permission to stay for an additional three years and after five years on the HSMP they can apply for permanent residency in the UK.
The criteria for extending an individual’s leave under the HSMP include, in addition to continuing to satisfy the criteria on which the original application was granted, evidence of the applicant’s economic activity during the previous two year period, details of personal earnings and a declaration that the applicant has not had access to public funds, nor been convicted of a criminal offence.
The BMA is seeking further urgent clarification on this issue from the Home Office and Work Permits UK. Until we receive this clarification, the BMA will be unable to advise members on employment matters relating to the HSMP. Please note that an article entitled "New visa rules for IMGs: cutting through the confusion" ( BMJ Career Focus, 13 May 2006) gives the impression that the HSMP will end in July 2006. The BMA is not aware of any decision to end the HSMP. We will be responding in more detail to the article on the BMJ Careers Focus website next week.
We will also update these pages when any new information is available.