Employment restriction on Tier-1 DEPENDANT Visa extesion

[ankoos]

Hi,

I had my HSMP Visa in Feb 2008 and my wife came to the UK in July 2008 under "Visa to join Spouse" type. I had no restriction on employment in my HSMP Visa nor did my wife's visa had any restrictions of " No employment as Doctor in Training" at that time.

When we had our visas extended under Tier1 in Feb 2010, I had this restriction of "No employment as Doctor in Training" on my extension-visa stamp. My wife's visa also got renewed as Tier-1 (Dependant) Partner, BUT WITH THE SAME RESTRICTION.

My wife is an overseas dentist and she has recently cleared her statutory exam (Overseas Registration Exam) and got herself registered with the General Dental Council (GDC).

PROBLEM:

In order for her to practice dentistry under NHS, she needs to do Vocational Training (VT) first. However, due to the "No Employment as Doctors in Training" visa restriction, she is unable to apply for the VT jobs.

Questions:

1) Since her original Dependant visa stamp didn't have any such restriction on it but the extension-visa HAS it, IS IT POSSIBLE TO GET THAT RESTRICTION REMOVED FROM THE VISA STAMP?

2) If yes, on what grounds and what is the procedure for that?

3) Although I am not a doctor/dentist etc so the restriction doesn't affect me but would I have to send my passport too along with my wife's passport in order to get it rectified?

4) who to contact regarding this and what is the timeline to get it rectified, if possible?

PLEASE HELP.

regards

[push]

Hi,

I had my HSMP Visa in Feb 2008 and my wife came to the UK in July 2008 under "Visa to join Spouse" type. I had no restriction on employment in my HSMP Visa nor did my wife's visa had any restrictions of " No employment as Doctor in Training" at that time.

When we had our visas extended under Tier1 in Feb 2010, I had this restriction of "No employment as Doctor in Training" on my extension-visa stamp. My wife's visa also got renewed as Tier-1 (Dependant) Partner, BUT WITH THE SAME RESTRICTION.

My wife is an overseas dentist and she has recently cleared her statutory exam (Overseas Registration Exam) and got herself registered with the General Dental Council (GDC).

PROBLEM:

In order for her to practice dentistry under NHS, she needs to do Vocational Training (VT) first. However, due to the "No Employment as Doctors in Training" visa restriction, she is unable to apply for the VT jobs.

Questions:

1) Since her original Dependant visa stamp didn't have any such restriction on it but the extension-visa HAS it, IS IT POSSIBLE TO GET THAT RESTRICTION REMOVED FROM THE VISA STAMP?

2) If yes, on what grounds and what is the procedure for that?

3) Although I am not a doctor/dentist etc so the restriction doesn't affect me but would I have to send my passport too along with my wife's passport in order to get it rectified?

4) who to contact regarding this and what is the timeline to get it rectified, if possible?

PLEASE HELP.

regards

Annex D of the Guidance Notes should give you the answer. My read of it does not look promising.

Annex D - Evidence required toto be permited toto work as a doctordoctor or dentist in training.
Where an applicant was last granted leave which was not subject to a condition restricting their employment and they were employed during this period as a doctor in training or on an NHS foundation programme or:
Where they have obtained a degree in medicine or dentistry from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System they can apply to be exempted from the condition prohibiting this type of employment.

[geriatrix]

Had your wife joined a training post while her HSMP leave was valid and at the time of extension of stay continued to remain employed in the training post, she would have been exempt from this restriction under Tier 1.

The restriction cannot be removed now.


regards