Thank
you for your further email of 26 April to the Department of Health requesting, under the Freedom of Information Act 2000 (‘the
Act’), about the process leading to the changes in immigration rules for International Medical Graduates (IMGs).
Your email has been passed to me for a reply.
The stakeholders consulted prior to the changes were listed in my previous
email. They were present at a meeting called under the “Chatham House“ rule on 18 January by NHS Employers.
A wide range of health service and medical stakeholders were present to discuss the implications for the future medical workforce
of increased numbers of UK graduates. The intention to end permit free training for post graduate doctors and move to a work
permit regime was explained at the meeting. For reference, the attending organisations were as follows:
- NHS Employers
- Ashford & St Peter’s Hospital NHS Trust - Barts and the London NHS Trust
- Guys & St Thomas’ NHS Foundation Trust - Mersey Deanery - Conference
of Post Graduate Medical Deans - Modernising Medical Careers - London Deanery - Joint
Consultative Committee (JCC) Secretariat - General Medical Council - Royal College of
Physicians - British Medical Association - Medical Women’s Federation
- Royal College of Surgeons - British Association of Physicians of Indian Origin -
British International Doctors’ Association - Workforce Review Team
- NHS National Workforce Projects - Department of Health - Royal College of GPs -
Committee of General Practice Education Directors (COGPED) - Home Office - West Midlands
Deanery - Leicestershire, Northamptonshire & Rutland Deanery
You ask for the names of individuals representing
these organisations, the Department is not able to name these individuals as personal information is exempt under section
40(1) of the Freedom of Information Act.
You also requested a copy of the minutes
of the meeting. As the meeting was held by NHS Employers, the minutes belong to them and the Department of Health is
exempt from providing this information under section 40 (1) of the Act. However, the Department is seeking an agreement
with NHS Employers to release a copy of the minutes. Please note that under the ‘Chatham House’ rule, any
comments noted are not attributed to individuals in any record of the meeting.
I note that your organisation, UK Association
of International Doctors, would like to be involved in stakeholder discussions relating to IMGs. Officials from the
Department of Health have asked Paul Deemer at NHS Employers to contact you directly as he leads on the work of the Medical
Workforce Equality and Diversity Reference Group which is due to meet in July.
If you have any queries about
this email, please contact me. Please remember to quote the reference number above in any future communications.
If
you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review
of our decision, you should write to:
Freedom of Information Unit Department of Health Room 360c Skipton House 80
London Road SE1 6LH
Yours sincerely,
David Burke Customer Service Centre Department
of Health
Dear Dr. Gosalakkal,
I am writing in response to your email dated 30th April 2006.
I read your email concerning new visa restrictions on overseas doctors, and will certainly bear your views in
mind the next time this important matter comes before Parliament. I have passed your email to Tony McNulty MP, Home Office
Minister with responsibility for this area.
With best wishes
Yours
sincerely
Keith
Vaz MP
United Kingdom Association Of International Doctors
Dear Mr Finlay Scott,
I am writing this on behalf of the UKAID
a newly launched group of ethnic minority doctors and would like to bring to your kind attention the following.
1) The PLAB exam was being conducted
as a vehicle to demonstrate the competence of foreign medical graduates to practise safely in this country.
2) Essentially the MMC and the deanery
have now declared that these doctors are ineligible for applying for most foundation year job F1/F2.
3) To many of us it seems difficult
to understand that there appears to be yet another competency test introduces without detailed information to PLAB candidates.
4) In the view of many of us it would
be illogical to continue an exam of equivalency when others arms of the same medical establishment are essentially saying
they are not recognizing these exams.
5) We invite you to meet with us to
discuss these issues.
6) A reply would be appreciated
Dr Jayaprakash A Gosalakkal
President UKAID
146 Enderby Road
Whetstone
Leicester
Uk
Our early Efforts to Influence the DOH
DE000000083219 Dear Dr
Gosalakkal,
Thank you for your recent email to John Prescott about the changes to permit-free working visas for overseas doctors.
As your comments are health-related, it has been passed to the Department of Health Customer Service Centre to answer. You
express concern that the changes will disrupt the careers of overseas International Medical Graduates (IMGs) who are already
training in the UK. IMGs in this position need not be concerned, as the Government is putting transitional arrangements in
place for them and any existing leave will continue on the current conditions. This means that, if someone has valid leave
as a Postgraduate Doctor, they can continue in their current post and take up any other relevant training posts until their
leave expires. If they wish to remain in the UK beyond this time, however, then they will need to meet the requirements of
a relevant category within the immigration rules, such as the work permit system.If their training post lasts longer than their current immigration leave
as a Postgraduate Doctor, they will need to switch into a relevant category of leave to continue their employment Anyone with
leave as a Postgraduate Doctor who needs an extension of stay to complete their current training post (or one offered to them
before today, as long as it starts on or before 4 August, in line with the next rotation period for most posts), will be able
to switch into the work permit system without their employer needing to advertise the post first.
There are separate transitional arrangements for those with leave as a Postgraduate Doctor for
those in Foundation Programmes and Senior House Officer (SHO) and equivalent grades; and for those in Specialist Registrar
and equivalent grades. The Government has put in place a concession for those doctors offered a place on a Foundation Programme
or a recognised training post as an SHO (or equivalent grades) who were offered a recognised training post in one of these
grades prior to 7 March (the date the changes were announced), which commences before or at the next rotation period. so on
or before 4 August 2006; and do not have sufficient leave to complete the post on offer. If these requirements are met, then
the employer can apply for a work permit for the post on behalf of the migrant and will not have to show that they have advertised
the post to the resident labour market. All the other normal requirements remain in effect. If the work permit is granted,
the migrant will need to apply either for the appropriate entry clearance or to switch into leave as a work permit holder.
The Government has also arranged a concession for those doctors who have leave as a Postgraduate Doctor to train in a
Specialist Registrar or equivalent grade and whose leave as a Postgraduate Doctor will expire before this training is completed.
If their employer applies for a work permit for the post on behalf of the migrant on or before 31 December 2006, they will
not have to show that they have advertised the post to the resident labour market.All the other normal requirements remain
in effect. If the work permit is granted, the migrant will need to apply to switch into leave as a work permit holder.
In addition, any employer who has gone through the recruitment process and offered a recognised training post as a Specialist
Registrar to a non-EEA national before 7 March will be able to benefit from these transitional arrangements, if the doctor
was offered a recognised training post as a Specialist Registrar prior to 7 March, which commences on or before 4 August 2006,
and does not have sufficient leave to complete the post on offer. The employer can then apply for a work permit for the post
on behalf of the migrant and will not have to show that they have advertised the post to the resident labour market. All the
other normal requirements remain in effect. If the work permit is granted, the migrant will need to apply either for the appropriate
entry clearance or to switch into leave as a work permit holder.
Further information on the work permit process is available on the Working in the UK website at "http://www.workingintheuk.gov.uk">www.workingintheuk.gov.uk</a>.
The different transitional arrangements depend on the grade as a reflection of the nature of these posts. Under the previous
category for Postgraduate Doctors, leave could be granted for up to three years at a time (depending on the level of the training).
This was sufficient to complete the Foundation Programme or training posts as an SHO or equivalent grade.However, many Specialist
Registrar programmes last for five years, and so any doctor completing one of these programmes needed to be granted more than
one period of leave as a Postgraduate Doctor. The extended transitional arrangements for these posts ensure that those doctors
and dentists who have started a Specialist Registrar programme as a Postgraduate Doctor can complete this programme by using
the transitional arrangements to switch into the work permit system and therefore complete their post.
In addition, the Government does not want to disadvantage those employers who have already gone through the entire recruitment
process and offered the post to a non-EEA national. Without these transitional arrangements, the employer would have to repeat
the recruitment process and consider UK and EEA nationals before non-EEA nationals. You also raise concern that the changes
will undermine equal opportunities for foreign doctors and the notion of a diverse NHS. The medical workforce in the NHS in
England is already very diverse. UK medical schools accept applications from UK students from a wide range of ethnic backgrounds.
Of the 8,220 acceptances to medicine and dentistry degrees in 2005, 2645 (32 per cent) were from black and minority ethnic
or mixed-origin backgrounds.
The UK will continue to accept small numbers of IMGs who will
still be able to come to the UK to undertake postgraduate medical training, although they will now have to use the appropriate
employment route for immigration purposes. It is important though that international recruitment is always managed ethically.
The Department of Health does not support any recruitment from developing countries who are experiencing shortages in their
healthcare workforce.
The Department of Health is working in partnership with the Department for International Development (DfID) to support
the healthcare systems in developing countries. Ending the provisions for Postgraduate Doctors will not change this policy.
Finally, it should be remembered that there are currently no provisions to enable overseas doctors to come to the UK to look
for work. They can come to the UK to take the PLAB Test, and use any leave granted to enter or remain to take the PLAB Test
to seek a suitable training or employment post (although they cannot take up such a post until they have switched to an appropriate
category of leave). However, the immigration rules are clear that they have to leave the UK if they do not find a suitable
training or employment post and switch into the appropriate immigration category for this post by the time their leave to
take the PLAB Test expires.
The aim of the UK immigration system (for those who want to work in the UK) is to enable those migrants
who will most benefit the UK economy to come here and work.  The work permit system ensures that migrants who want
to work in the UK have a specific and suitable job to come to where there is a vacancy that cannot be filled by EEA nationals. 
This brings the medical community into line with other sectors, where there are no special immigration provisions for migrants
to have free access to a range of training posts.
I hope that this reply clarifies the situation.
Yours sincerely
Marie
Murat,Department of Health
Letter to the British Labour Party
We know you have changed a lot since the Halcyon days of Atlee and
Bevan.We remember the days Atlee and others including surprisingly
people like Sir Crisp used to argue in cabinet meetings in support of Gandhi and the immorality of some laws. The
world has changed, as has the NHS
We had however always believed there would be an underlying sense of equality, and sheer decency in the laws that
you enact and the reforms you bring. Though some of us did not agree with many of the recent reforms we could see the underlying
arguments. We however are appalled by the introduction of this new work permit law regarding International medical graduates
almost in the stealth of night without due consultation or transitional arrangement for the most vulnerable group of doctors.
We question the need for it to have been introduced with such haste. We plead with you to let us know what advise our organizations
including the BMA gave in this matter. We appeal to your conscience to pause and reconsider. We hope other minority rights
are not trampled in this way. We appeal to you to plead with the Government to reconsider this law.
Regards
Jayaprakash A Gosalakkal
President UKAID
Service to : Rt Hon Patricia Hewitt
There has been no change in the government position in spite of efforts by
many of us to convince you of the effects on IMG/EMD we therefore put the following before you and request you to reply to
us The UKAID executive as a representative of Ethnic minority doctors Request the following 1) All those who attended
the January meeting at the DOH waive the Chatham rules so that the DOH can make a full disclosure 2) That the DOH
or the Ethnic minority doctors who attented these meetings disclose all discussions they had with Mr Surinder Sharma and Sir
Nigel Crisp leading to the new rules 3) As an organization representing the EMD we demand that we be fully informed
of all discussions the DOH has on this issue 4) We demand that the DOH and Home office liase with us as a representative
body and not play favourites with those they think are more amenable 5) We call upon Her majesty's Government to do
the morally and ethically right thing and withdraw the new Draconian law 6) We call upon the Stake Holders to find a
solution to the festering problem of Post PLAB doctors who have been mislead into coming into this country and demand
compensation on their behalf 7) We call upon her majesty's Government to officially recognize the contributions made
by the IMG/EMD to the NHS in an official commemoration at the DOH Jayaprakash A gosalakkal President UKAID
