HSMP rule overturned for overseas doctors:

The Department of Health recently released guidance that overseas doctors already within the UK should not be interviewed for new positions if their HSMP visa was due to expire after 1st August 2007. The clause has now been retracted; primarily due to the hard work of a group formed by the British Association for Physicians of Indian Origin (BAPIO) with the sole intention of fighting this clause.

In an astonishing move during proceedings, lawyers for the Secretary of State told the court that they were ready to concede the point - basically handing BAPIO the win.

The HSMP has been a controversial subject lately, partly due to alterations to the requirements that affect HSMP extension applications as well as any new applications. If an individual applying for an extension does not meet the new points system requirements, they will not qualify for an extension and would need to return home or apply for another immigration category whilst in the UK.

Those failing to qualify because of the new English Language Requirement may be eligible for the transitional arrangements that the Home Office have put in place giving them time to pass the IELTS test before extending their visa.