IMG Legal Action led by BAPIO (British Association of Physicians of Indian Origin)

International Medical Graduates in the UK who are either already in training programmes or those who have passed PLAB and are waiting for jobs are marching in protest of the new change in Immigration rules which requires a work permit for taking up or continuing in a training post. This affects all IMGs and is totally unfair since it comes into effect from July 2006

Name:
Location: United Kingdom

We are International Medical Graduates, who have passed PLAB, and are trying to get fair treatment. Many of us are already here in the UK and are in training posts, but are being treated unequally

Wednesday, March 01, 2006

Let us unite!

Dear IMGs Let us all unite in what may be a last ditch effort to revoke or at least modify the knee jerk reaction of the DOH to change the Immigration rules from July 2006. This not only affects future applicants, but also those who are already in the UK at various levels of training. Please note that the link to this blog (web log) is BAPIO Peaceful March and anyone can post a message or express your views. This might need you to enter a word or number to post messages. Dr Satheesh Mathew, veteran of many successful battles is leading the protest march and under his able leadership, we should all rally around and show our grave concern at this unfair decision taken unilaterally without any consultation or warning. Please also see more information about the changes in immigration rules on the web site http://imgprotest.moonfruit.com Bade Bhaiya (C G Nanda Kumar)

Peaceful demonstration against the recent changes in Visa regulations which will affect the future of thousands of International Medical graduates.

By now it has become clear that we will have hundreds of doctors participating in this demonstration if not thousands.

Place: In front of the Offices of Department of Health in Central London.

Date: Friday the 21st April 2006 at 11.30 Hrs in front of Richmond House, Department of Health

(Richmond House is located at 79 Whitehall, London, SW1A 2NL). Nearest tube Westminster. I request all of you to be there by 11 am. Please do motivate your friends also to come for the demonstration. This will be a demonstration of doctors that Britain has never before seen. There will be a lot of PPUD's, and junior doctors who will come for the demonstration. I would not say that all consultants would come for our demonstration. But there are a lot of them who have promised to come for the demonstration. The bigger the crowd for the demonstration the bigger will be the pressure on Department of health to do something useful. Hoping to meet you all on the 21st, Long live BAPIO.

Dr. Satheesh Mathew

Consultant Paediatrician

Newham University Hospital

London E13 8SL

Ph: (W) 0207369274

(H) 02082520593

19 Comments:

Blogger IMG Protest March said...

Satheesh Mathew wrote:
Dear Friends,

Are you for it or are you not?

If you are, pleas post a message on Indigo saying that you will
participate in the demonstration. If you do it, it will motivate
others who are unsure yet. I have to have some idea of numbers before
I can proceed with organisational plans. We will give you at least 10
days notice. If you are currently working, please make sure that you
take some form of official leave (Annual leave, night off etc.)
before you participate in the demonstration.

I am holding a meeting in my office with a handful of people on the
15th. Then I am hoping to have a larger meeting at Eastham hopefully
on Thursday the 23rd. I will let you know the venue soon. I am hoping
to have a meeting of between 100 to 200 people next week in East Ham.

We have to have the big demonstration in Central London when Patricia
Hewitt will be in her office. This means that we have let her know.
We have to get British as well as Indian media involved. For
demonstrations of this nature we will also have to inform the
Police. We will do all these, once we have rough idea of the
numbers. I think about 10,000 doctors will be affected by these new
regulations. Why can't we have at least 5000 doctors to take part in
the march?

There will be a cunning few who are looking to reap benefits out of
others toils.

Dr. Satheesh Mathew
Consultant Paediatrician
Newham University Hospital
London, E13 8SL

12:20 PM  
Anonymous Anonymous said...

do u think more people can attend the protest march if it is on a saturday or a sunday??

8:12 AM  
Anonymous Bade Bhaiya said...

More people might be able to attend, but less people will be there to see it, so it will have less impact on the general public and therefore be less effective

Bade Bhaiya

8:39 AM  
Blogger IMG Protest March said...

Please note the following important announcement and those who can attend, please do so in large numbers:

Bade Bhaiya



Date: Thu, 16 Mar 2006 12:23:51 -0000
From: "doc_kish" doc_kish@yahoo.co.uk
Subject: Venue for Eastham meeting

Dear all...

As mentioned earlier by Dr Mathew regarding the small gathering of around 20 doctors at his office in Newham General hospital,
yesterday, we have decided to meet on the

Thursday the 23rd of March 2006

at Trinity Community Hall, east Avenue,

starting at 6 PM

The hall is located very close to Eastham station.... Just take the
second left when you come out of the station....walk some 30 steps &
its on your left.... landmark: just behind Tennesse Chicken Shop....

I request all fellow sufferers to come & join us & share thier views
& ideas....& most importantly be a part of it..... sometimes numbers
do really matter !!!!

Though it is expected that most, if not all the eastham doctors would
attend.... I request all those who read this email to spread this
news, discuss & get as many people with them as possible

Regards
Kishore









___________________________________________

8:57 AM  
Anonymous Docool said...

thats the way to go IMG's , I and my friends are with you...gonna be there.

9:04 AM  
Blogger IMG Protest March said...

For those who have not seen this already, here is the summary of the changes to the immigration rules

Bade Bhaiya

Changes to the immigration rules for postgraduate doctors and dentists


On 7 March 2006 the Department of Health announced changes to the immigration rules for postgraduate doctors and dentists. The changes, which will come into effect shortly, mean that all doctors and dentists who wish to work in the UK from outside the European Union will need to meet the requirements of an employment category, such as the work permit provisions.

For employers this will mean that any NHS trust wishing to employ a doctor or dentist from outside the EU will have to prove that a "home-grown" doctor cannot fill the vacant post.

The current immigration rules allow the category of Postgraduate Doctors and Dentists to train in foundation programmes, senior house office and equivalent grades and in specialist registrar and equivalent grades. For immigration purposes they are considered as being in training and not in employment. However, this will no longer be the case and these posts will be considered as employment posts for immigration purposes and therefore applicants will need to hold a valid work permit.

Any existing leave will continue on the current conditions. This means that if someone has valid leave as a postgraduate doctor or dentist they can continue in their current post and take up any other relevant training posts until their leave expires. If the doctor or dentist wishes to remain in the UK beyond this time, they will need to meet the requirements of an employment category of the immigration rules, such as work permits. If they do not meet the requirements they will have to leave the UK.

Overseas doctors and dentists will still be able to come and train in the UK. However, they will now be considered as being in employment for immigration purposes. Work permits will only be issued where there is a specific post for the overseas doctor or dentist which cannot be filled by someone from within the UK or EEA.

The specific category for postgraduate doctors and dentists will still remain for non-EU nationals who have trained at UK medical schools so that they can undertake a Foundation Programme and acquire full registration from the GMC.

The Department of Health and the Home Office have agreed transitional arrangements for doctors whose leave to remain expires before the end of their programme. These individuals are able to switch into the work permit system without their employer needing to advertise the post. Further information about the transitional arrangements will be available nearer the time.

For more information contact recruitmentandretention@nhsemployers.org or see the Q&A page.
Pages in this section

Questions and answers
This page contains common questions and answers related to the changes to immigration rules for postgraduate doctors and dentists.

9:12 AM  
Anonymous Anonymous said...

dear sir,
sincere thanks for arranging such a event.i am morally obliged to be a part of it and shall gladly take part in it
thanks again
amith

10:01 AM  
Anonymous Peter said...

My full support for the protest .I take this opportunity to thank the organisers behind the protest..We should try to stay united and protest together for success of this protest.Organisers at the same time should ensure that this protest is not made political by those with vested interests.This should not by anymeans become a rift between Local UK graduates and International Medical graduates ..Rather we should make sure local graduates understand us being exploited by those responsible for running healthcare /NHS and by those conducting PLAB examinations(GMC).Each organization has responsibility which they should not deny..GMC and health care departments/Politicians responsible for this dilemna should be made to answer for above..Its not rules we are talking about .This is life for hundreds and thousands of doctors.Their life is being ruined by organisations which did not work together in avoiding this debacle.It is not easy for an IMG to come all the way from their country and take all these costly exams +visa fees.Not to mention the cost of their stay in UK.Each of these doctors have gone thro'such stress and mental trauma for months and years and are now being abruptly stopped from starting/Continuing careers as a result of these changes.Involving the media is very crucial in success of this protest not only within Uk but also in countries like India.We should get the right message to people in Uk and in other countries.Organisers should make sure that they have all the facts and legal implications of the changes being introduced

6:15 PM  
Anonymous drujja said...

dear friends,

I am so proud to be a part of this!!!Everyone PLEASE make this work and make sure nobody jeopardizes our cause by abusing anyone or we'll surely be buying the first ticket out of here!!!
We can make this work by being firm and showing unity and determination!

Also I totally agree that the media needs to be actively involved, local as well as in our respective countries. They need to know the issue in its entirety!

stay strong ppl ur all awesome and do not fear 'cuz 'this too shall pass!'

10:02 PM  
Anonymous Anonymous said...

i would request everybody to maintain peace and donot corrupt the intent behind this fight-right to live with equal opportunities and no discrimination on any grounds whatso ever.

6:20 PM  
Blogger zubair said...

This is the right step and I will make sure that I be a part of this protest. Please donot post abusive comments. It is unnecessary and simply donot serve any purpose

7:50 PM  
Anonymous Anonymous said...

It is the most blatant example of exploitation. When they required qualified manpower, thousands were let in. And now that their demand has been met, they are handing us our return tickets. Whereas, they could have been a lot more reasonable and tried to regulate the number of people coming in. Instead, doctors who have been here for sometime, are being left high and dry. Some just worrying that they are only halfway through their training and others about the mortgages that they have bought.

12:56 AM  
Blogger IMG Protest March said...

Dear Friends

I started this blog so that we can have constructive contributions for a common cause for all IMGs. Some of the sickening comments in language most foul (I cannot believe they are from doctors) has made me take the painful step of moderating the comments

You are still free to post comments, but you will have to register in some form and the comments will have to be moderated

Bade Bhaiya

6:33 AM  
Blogger IMG Protest March said...

Date: Fri, 17 Mar 2006 11:14:38 +0000 (GMT)
From: Mallinath Chakraborty
Subject: DOH communication

Dear Friends,
Below is the original version of the communication sent from the DOH
to medical staffing hospitals in the UK.Please read it carefully as
it could answer most of the questions being tossed around over the
last few days.As for the rest of the un-answered questions,I don't
think anyone can provide satisfactory replies so we will have to wait
and see.
Hope this is helpful.
Malli.


Changes to the Immigration Rules for Postgraduate Doctors and
Dentists

On 7 March 2006 the Department of Health announced that the Home
Office would be making changes to the immigration rules for
Postgraduate Doctors and Dentists

The changes, which will come into effect on 3 April, aim to amend the
current specific category within the immigration rules which relate
to Postgraduate Doctors and Dentists. In future, the only doctors and
dentists who will be covered by the existing (“permit free”)
arrangements are those who have completed their medical degree in the
UK and have been appointed to a 2 year Foundation Programme.

The Home Office has also announced its longer term policy on managing
migration, based on a points based system for people coming to the UK
to work, study and train. The Home Office aims to introduce the new
system in stages to replace the current arrangements and simplify the
system for employers and migrants.

What does this mean for future recruitment?

You need to ensure that any offers of appointment you make are line
with the new rules. When you advertise your post, applicants are
likely to be British Citizens or fall into the following categories;

• EEA nationals
• Doctors and dentists with existing leave to remain under the
current immigration rules for Postgraduate Doctors and Dentists
• Doctors and dentists who require a work permit
• Doctors and dentists who have leave to remain under the Highly
Skilled Migrant Programme
• Doctors and dentists who are in the UK by virtue of another
immigration category e.g. those with leave as a dependent – each
specific case would need to be checked

EEA nationals have the automatic right to work in the UK and should
therefore be considered in the same way as UK applicants for posts.

Doctors and dentists who have existing leave to remain as a
Postgraduate Doctor or Dentist will be allowed to stay and train in
the UK until that leave expires. Therefore, if the post on offer will
be completed within the period of the doctor's/dentist’s existing
leave, the employer (and the doctor/dentist) will not need to seek
permission from the Home Office for the doctor/dentist to take up the
post. However, from 3 April doctors and dentists will only be
eligible for leave as a Postgraduate Doctor or Dentist for their
Foundation Programme, and then only if they have studied in the UK
and meet all the other requirements. If you have offered a post to a
doctor or dentist who currently has leave as a Postgraduate Doctor or
Dentist, but their leave will expire before the end of the post, then
they will need to apply for a different category of leave to complete
the post. It is likely that the work permit system would be the most
appropriate category - see the information on work permits below.

The majority of candidates for posts will require a work permit. This
means that you need to apply to Work Permits (UK) for a work permit
before you can employ the candidate. When you make an application for
a Work Permit you will have to demonstrate to Work Permits (UK) that
there are no suitable EEA nationals who can take up the post. In
practice, this should involve very few adjustments to your
recruitment processes. However, once your closing date has passed,
you will need to review how many applicants are EEA nationals and how
many would require a work permit. Depending on how many posts you are
filling, and how many applicants fall into each category, you will
then need to decide whether to assess the EEA candidates first or
whether to assess all of the applicants at the same time. The
important thing is that, before making any offers of employment, you
make sure that the suitable EEA nationals are considered in advance
of those who require a work permit.

If you are advertising a popular post, you may wish to restrict
applications to only those doctors who do not need a work permit to
take up the contract. This should reduce the number of applications
you have to deal with.

Where a work permit is required, you, as the employer, need to apply
for a work permit on behalf of the doctor/dentist. When this is
issued, the doctor/dentist themselves will then need to apply for
leave to remain as a work permit holder. If the doctor/dentist
currently has leave under another category of the Immigration Rules
(for example leave as a Postgraduate Doctor or Dentist) then they
will not be able to take up the post until both the work permit has
been issued and the doctor/dentist themselves has been granted leave
to remain as a work permit holder.

Not all doctors and dentists will be able to change the basis of
their stay (switch) within the UK. Those in the UK as a Postgraduate
Doctor or Dentist can switch into leave as a work permit holder, but
those with leave as a Visitor or as the dependant of another migrant
cannot switch into leave as a work permit holder and will need to
leave the UK and make the appropriate application for entry clearance
from abroad.

Some doctors and dentists may have been accepted onto the Highly
Skilled Migrant Programme (HSMP). Doctors and dentists who have leave
under HSMP can take up any training or employment posts you offer,
without the need for you or they to ask the Home Office for
permission

How do I apply for a Work Permit?

Detailed information on applying for work permits can be found at
www.workingintheuk.gov.uk

Applications for training posts should be made under Tier 2 of the
Work Permit rules. You need to complete form WP1 which is available
at www.workingintheuk.gov.uk to download and complete, or to fill in
on-line. You can also obtain a printed copy by calling 08705 210224
(9am – 5pm Monday to Friday).

What do I need to provide?

You will need to include the following with your application;

• Copies of the doctors’/dentists’ professional qualifications i.e.
their GMC/GDC certificate
• Copies of references from past employers (on headed paper) to
confirm the person’s work experience – these should include start and
finish dates and details of the work undertaken
• Evidence that you cannot fill the post with a resident worker – see
below

NB When applying for a Work Permit, you need to make sure that the
name you include for the doctor/dentist is the same as the name given
on their passport.


How do I demonstrate that there is no suitable EEA applicant?

In order to satisfy the need to test the resident labour market, you
should include;

• Print out of the vacancy as it appeared on a website (if advertised
on NHS jobs or similar portal) or a copy of the advertisement as it
appeared in a recognised journal
• Confirmation of where the post was advertised
• Proof that the advertisement was placed within 6 months of the work
permit application being made.
• Information on how many people applied for the post
• Information on how many people were shortlisted for the post
• Explanation, for each ‘resident worker’ who applied, why they have
not been employed

NB When a Deanery is managing the recruitment to posts, they will
have to provide the relevant information to employers so that they
can apply for the Work Permit.

If you cannot meet all of these requirements (e.g. placing the
advertisement within 6 months of the application), you need to
include an explanation of this in a covering letter.

Work Permits (UK) expect vacancies to be placed in the most
appropriate medium for reaching suitably qualified ‘resident workers’

What are the time limits on Work Permits?

Work Permits are granted for the duration of the contract, up to a
maximum period of 5 years. As SHO posts will be phased out from
August 2007, Work Permits for SHO posts will not be granted beyond 10
August 2007.

How much does a Work Permit cost and who is responsible?

The current cost of a Work Permit is £153. The employer is
responsible for this fee. Further information can be found in the
Payment Guidance Notes at www.workingintheuk.gov.uk

In addition to a valid work permit, the doctor also needs valid leave
to remain.

Does an employer have to apply for a Work Permit for every post a
doctor/dentist undertakes?

A Work Permit is required for every post that is undertaken in the
NHS. When a doctor/dentist is appointed to a training programme, the
employer should apply for a work permit to cover the duration of the
contract. When the doctor/dentist moves employer as part of the
programme, the new employer should make an application to change the
employer on the work permit. This application should be made on the
WP1 form but the advertisement section does not need to be completed.

How long does it take to apply for a Work Permit?

The service standards for processing work permit applications are:

70% of all applicants are decided within 5 working days of receipt at
the payment handling services.

90% of all applicants are decided within 15 working days of receipt
at the payment handling services.

When should I apply for the Work Permit?

If the doctor/dentist is outside the UK, you should apply no more
than 6 months before they are due to start.

If they are already within the UK, you should apply before the
person’s permission to stay in the country expires. Work Permits UK
ask that you apply at least one month before the leave expires but no
more than three months before this date.

Can doctors and dentists undertake locum posts whilst they are
employed on a Work Permit?

Work Permit holder can undertake 20 hours supplementary employment
each week as long as it is at the same professional level and not
with an agency (excluding NHS Professionals).

What about those doctors and dentists who have already been
appointed?

If you have offered a post to a doctor or dentist before 7 March (the
date the rule changes were announced), and;

• that doctor/dentist does not have sufficient leave to complete the
post they have been appointed to, and
• that doctor/dentist will take up post on or before 4 August

then you can apply for a work permit on their behalf without the need
for you to demonstrate there was no suitable EEA candidate.

Applications for Work Permits should be made in the usual way. The
normal switching provisions still apply – this affects who can take
up the post without leaving the UK to make their application. This
means that, for example, doctors and dentists in the UK with leave as
a Postgraduate Doctor or Dentist can switch into leave as a work
permit holder, but those in the UK as Visitors will need to go abroad
and make the correct application for entry clearance as a work permit
holder.

These special arrangements also apply to doctors and dentists who
were ‘matched’ to a Foundation Programme before the announcement was
made, regardless of whether a formal offer of employment has been
issued by the employer.

In these cases, a letter from the Postgraduate Dean will need to be
included with the application to confirm that the offer was made
before the 7th March.

Any offer of employment that is made on or after 7 March (the date of
the announcement), or for a post which starts after 4 August, will be
subject to the normal Work Permit requirements, as set out above.

What about those doctors and dentists who are already employed but
whose leave to remain expires before the end of their training
programme?

In addition to the arrangements in the previous paragraph, doctors
and dentists who are undertaking training programmes as a Specialist
Registrar which are due to continue beyond their current leave to
remain as a Postgraduate Doctor or Dentist can switch into the Work
Permit system without the need to re-advertise their post. To benefit
from these transitional arrangements, applications for Work Permits
have to be submitted by the employer by 31 December 2006.
Applications should be made in the usual way.

Are clinical attachments affected?

Following discussions with the Department of Health, the Home Office
has also taken this opportunity to limit the amount of leave that can
be granted specifically to undertake clinical attachments and dental
observer posts to 6 weeks at a time or 6 months in total.

This is in line with the purpose of these posts, as a way for
overseas doctors and dentists to familiarise themselves with UK
working practices. They are designed to be filled for short periods
only and not to be used as a way of remaining in the UK when there
are no suitable training or employment posts available.

10:38 AM  
Blogger Lizz said...

Dear Friends,
We are glad that you have come forward to represent all of our feelings against the new immigration rules. We extend our full support for this protest and shall attend the meeting in East Ham as well as the protest in the City. We do not know as to how much the government would listen to us, but hope the organisers would think of all the plans and suggestions we need to have when we present our case. Hope everyone who reads about the protest spreads the word so that we get good number of people on that day.
Lizz

2:07 AM  
Blogger Lizz said...

Dear Friends,
We are glad that you have come forward to represent all of our feelings against the new immigration rules. We extend our full support for this protest and shall attend the meeting in East Ham as well as the protest in the City. We do not know as to how much the government would listen to us, but hope the organisers would think of all the plans and suggestions we need to have when we present our case. Hope everyone who reads about the protest spreads the word so that we get good number of people on that day.
Lizz

2:10 AM  
Blogger Lizz said...

Dear Friends,
We are glad that you have come forward to represent all of our feelings against the new immigration rules. We extend our full support for this protest and shall attend the meeting in East Ham as well as the protest in the City. We do not know as to how much the government would listen to us, but hope the organisers would think of all the plans and suggestions we need to have when we present our case. Hope everyone who reads about the protest spreads the word so that we get good number of people on that day.
Lizz

2:12 AM  
Blogger mona said...

Dear Dr. Matthew,

i am highly impressed that someone of your cadre has actually started this and i am sure that all overseas doctors and especially indians are morally obliged to join this as it affects all of us at each stage even if i think that today and for now my position is secure.

I would like to be a part of this and i want to be kept updated if that is not too much trouble to you.

Sincere thanks, YOU HAVE OUR UNTIRING HELP AND UNCESSANT SUPPORT.

Best wishes.

3:11 PM  
Blogger shambu said...

I am halfway through my training. When I asked my Educational Supervisor about the issue, the arrogant, proud & ??HAPPY?? response was,
"We have given enough & more (equal) opportunities till now. NHS was quite rich when it was started, but you people looted us. And now its time for you people to go back"
UNBELIEVABLE but its TRUE, unfortunately I have no proof for this (Well...........I don't roam around with a tape/video recorder!!!!).
Another Consultant's statement with a saddistic laugh "Atlast we are sacking these people out"
Isn't it a disgusting attitude?
Should we still fight to stay & work with people like this?

6:13 PM  

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