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Recent Immigration change?

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Hi all,

Most IMG are disappointed with the recent DOH and Home Office statements regarding IMG. Could some one explain to us how it will affect people who have permanent residence permit and British Citizens who graduate from Overseas. The statements appear to favour only Local and EU graduates not necessirly citezens or those with Indefinite Leave to remain.

Could this not clash with the government's race equalities law?

Can people with Permamanet Residence or British citizens who graduate overseas sue DOH or local trusts for favouring local graduates on job allocation?

Regards

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Hi,

That's an interesting question and hope some one can answer this.

These people definitely won't need work permits so does that mean they have equal opportunities at least in theory with British/EU citizens?

Also curious if people with permanent residene/ILR will be treated the same as British/EU citizens when they apply for jobs?

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Personally, I think anyone who doesn't require a work permit should not be discriminated against -in either shortlisting or appointment.

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then that includes people already on HSMP

they dont need another permit

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The recent changes mainly target Immigration, so at the end of the day what matters is whether you are a British/EEA national or non-EEA and not whether you got trained in Dundee or Delhi. The European Union has a Treaty agreement which allows nationals of all EEA nationals free migration within the EEA and apply for prospective employment. Being an EEA national essentially gives you some kind of universal work permit within the EEA. The Treaty also states that non-EEA nationals(this include all other countries including USA, Australia, NZ- so not necessarily racist) should be employed only when one cannot find someone from EEA national.

    Ok what does this mean and why is it so difficult for non-EEA national. The home office will process a work permit only if the employer is able to prove that he cannot find a suitable candidate from EEA after advertising the job in 2 UK newspapers and 2 EU newspapers. Obviously with huge unemployment and over-education in the eastern european countries this will be impossible. But companies like Oracle, Shell employ solicitors who scan the home office immigration document day and night to find legal loop holes. Thats why you see so many Indian IT professionals working in Uk despite numerous unemployed IT graduates in Germany. I cant imagine NHS managers doing this atleast with the current financial deficits. Of course these companies are not like NHS and they only pay a fraction of the actual salary to Indian IT guys.

    So if you have any kind of permit then getting a job in UK will be much easier. I know many of my friends' spouses never had problems in getting engineering jobs, though there are much brighter Indian engineers whom have to leave after doing their Masters in Britain - simply because the prospective employer wont process a work permit. There is strong evidence that many technical companies actually prefer Indian graduates than EEA candidates in UK, though it will be very difficult for Indians to progress after a certain level - racism is blatant in these companies. These rules only plagued non-medical sectors till now. This is cited as one of the main reasons why foreign doctors enjoy very little racism from local colleagues when compared to other sectors8-).

     This means non-EEA nationals with some kind of permit should be treated equally with EEA nationals. But unfortunately the medical personnel are not used to these kind of rules and they might not even shortlist non-EEA candidates though they may have Indefinite leave to remain! Thats how non-EEA spouses of EEA passport holders get shortlisted over other non-EEA candidates with HSMP etc, though technically there is no difference between both of them :'(

Hope this helps

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