Tier 1: professional bodies - not UKNARIC - to judge value of qualifications obtained overseas

Updated by Gherson on Tuesday 20 May 2008. | | | | | | |

Back in May of 2007 on this site we reported that the Border and Immigration Agency (the previous title of what is now the UK Borders Agency or the UKBA) was refusing applications by Iraqi, Nepalese, Sudanese and Filipino doctors (among others) for leave to enter or to remain in the UK under the Highly Skilled Migrant Programme.  The United Kingdom National Academic Recognition Information Centre (UKNARIC) was appointed by the BIA to decide whether qualifications (including doctors’ undergraduate degrees in medicine) awarded by universities in the applicants' own countries were equivalent to the UK standard.  It was assessing the doctors’ qualifications as not being “equivalent”.  

This approach seemed odd - particularly because what were then the applicable immigration rules and associated guidance said that points under the HSMP could be awarded for professional qualifications as well as for academic achievements, and said that where possible it should be the relevant professional body which verified the validity of such qualifications.  The General Medical Council (the “GMC”) regarded the doctors’ professional qualifications as “acceptable”.    If the GMC – whose responsibility extends to overseeing the professional practices of all doctors working in the UK - was satisfied as to the acceptability of the doctors’ qualifications to entitle them to work in the UK, who was UKNARIC to say that the qualifications held by the doctors were not “equivalent” to the UK standard?

Later, in October of 2007, we reported Gherson’s success for three doctors in persuading the BIA to alter its decisions to refuse to extend their leave to remain under the HSMP on the basis that their qualifications, while approved by the GMC, had not been approved by UKNARIC.  The change in the BIA’s position came when Gherson indicated that it had received instructions to pursue a judicial review of the BIA’s decisions.  

Yesterday (19-5-2008) the UKBA announced that when applying for leave to enter or remain as a Tier one (general) migrant (the immigration category in the points based system which replaces the HSMP) applicants should obtain evidence of their professional body’s approval of their professional qualifications.  It explained this as follows:

“…at this time UKNARIC is unable to verify the full range of professional qualifications. We have therefore put transitional arrangements in place for establishing the level of professional qualifications that are not included on the self-assessment tool.

If applicants are unable to find their professional qualification on the self-assessment tool we will instead accept an original letter from the appropriate UK professional body confirming their qualification is equivalent to a UK degree at either Bachelor, Masters or PHD level."

This does seem very much like a victory for common sense.  It will be interesting to see whether what is indicated on the UKBA site to be a temporary solution to UKNARIC’s inability to perform the role for which it was set up will in fact become standard practice.   

As is clear from the articles referred to above Gherson’s solicitors are experienced in assisting professional clients who wish to apply for leave to remain under the HSMP and now under Tier one, and who have in the past faced difficulty in persuading the UKBA of the validity of their professional qualifications.