The Immigration Rules impact upon Doctors and Nurses in a kaleidoscopic arrangement of shifting parameters.
Changes to the Immigration Rules can result in an individual being unable to progress in his career where new rules require a past conduct that cannot be retrospectively obtained . Neither does the short notice of amended Immigration Rules permit individuals opportunity to adapt to any changes notwithstanding the considerable expense and time invested by an applicant in qualifying as a clinician.
Where compliance with the rules is mastered, the applicant must also ensure that he follows the procedural requirements for making a valid application whose forms change every few months, and which can run to excessive length . The rejection of an applicant as invalid, may render the individual an overstayer. Even if remedied, this may have long term consequences for any future settlement application.
The third concurrent challenge medical professionals face arises from the difficulty of balancing the requirement to make a valid application within time under the Rules, with the anxieties of a Tier 2 Sponsor who may be overly concerned with protecting their own standing with the Home Office, instead of assessing an individual’s rights under Immigration Law. Not all Home Office policies have the force of law, and some have been held to be unlawful.
At MAGNE & CO, we recognise that a clinician's own practice is sufficiently demanding in of itself. We match a care to ensure any application is properly submitted with a long established understanding of legal principles and apply these on our client’s behalf who are faced by an overbearing bureaucracy.
Case Study - Shifting Goalposts