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Indian doctors on HSMP visas granted permission to work & train in the UK

After two long years of hectic lobbying and long courtroom hours the House of Lords finally allowed Indian doctors on HSMP visas to train and work in the UK under the same conditions given to applicants from Britain and the European Union.

This affects between 8,000 and 10,000 Indians currently in the UK on Highly Skilled Migrant Programme (HSMP) Working visas given before April 2006.

''We think this is a landmark victory for doctors from the Indian sub-continent especially from India," said Dr Ramesh Mehta, President of British Association of Physicians of Indian Origin (BAPIO). "We are absolutely delighted and we believe justice has been done."

Thousands of Indian doctors who were working in the UK on a HSMP visa were affected when in April 2006, the Department of Health issued guidelines to hospitals to not employ anyone from outside the European Union unless there was no candidate from within the EU.

Indian and other non-European Union doctors working in the UK soon found themselves in the lurch when the Department of Health, faced with a large pool of UK and EU-trained doctors, directed hospital trusts to give preference to EU doctors.

"The Committee concludes that the changes to the HSMP are clearly not compatible with the right to respect for home and family life under Article 8 ECHR (European Convention of Human Rights) and contrary to basic notions of fairness," said the committee.

The committee recommended that the changes made in April 2006 to the UK immigration rules should be amended so that the changes apply only prospectively, that is to future applicants wanting to work in the UK on the HSMP visa.

Another recommendation was that those already granted leave to remain under the HSMP visa when the relevant changes took effect, should be treated according to the rules which applied before those changes.

If you are interested in living and/or working in the UK, find out which visa you qualify for by doing our free online visa eligibility assessment.

You can also visit Migration Expert's website if you'd like to find out more about visas and immigration to the UK, Canada or Australia.