Immigration and nationality FAQs

Here you can find answers to some of the most frequently asked questions that we deal with. However, this is not an exhaustive list and you should contact the Immigration Advice Service if you can't find what you're looking for or for further advice.

How do I apply for registration as a nurse in the UK?

You need to contact the Nursing and Midwifery Council for a registration application pack - telephone 020 7333 6600, send an email or visit its website. The NMC will assess the overseas nurse's application and will either ask them to undertake the Overseas Nursing Programme (ONP) or the ONP plus a period of supervised practice.

All overseas trained nurses are required to sit the International English Language Test (IELTS) and achieve at least 7.0 in the listening and reading section, at least 7.0 in the writing and speaking section and an overall average score of 7.0 (out of a possible nine). You must pass the IELTS test prior to commencing the Overseas Nursing Programme.

Where will I find details of nursing vacancies?

Details of NHS vacancies can be found on the NHS Jobs website and are advertised in job centres across the UK. You will also find details of nursing vacancies on the following websites: Nursing Standard and Nursing Times.

I am a national of the EU/EEA and I am unclear about my immigration status in the UK

We can offer you advice and information about immigration requirements for European Union (EU) or European Economic Area (EEA) nationals and their families. Please do contact us.

What is the Points Based System (PBS)?

The PBS is the UK Border Agency’s (UKBA) system for managing student and employment migration into the UK. Please note that the work permit scheme no longer exists. It has been replaced by the PBS. If you still hold a work permit and require immigration advice, please contact us.

What part of the PBS applies to me?

If a highly skilled migrant from outside the EEA is already coming to or in the UK under Tier one, they can be employed without an employer needing to sponsor them.

If an employer wants to employ skilled workers from outside the EEA in a permanent or long-term job, they must sponsor them under Tier two. Tier two is the most common basis upon which non-EEA nationals who want to work in the nursing profession apply to work and remain in the UK.

Tier three is currently suspended. This means that an employer cannot employ low-skilled workers from outside the EEA. Tier four relates to students.

If an employer wants to employ skilled workers from outside the EEA on a temporary basis, they must sponsor them under Tier five.

If you hold indefinite leave to remain you do not need permission to work in the UK. Similarly, if you hold discretionary leave to remain or leave to remain as the spouse or partner of a person present and settled in the UK, you do not need permission to work for the duration of your leave to remain.

How do I obtain permission to work and remain in the UK if I am not an EEA national?

Your prospective employer must have a sponsor’s licence under UKBA’s PBS before they can employ skilled workers under Tiers two and five.
Your prospective employers must apply to UKBA in order to issue a virtual certificate of sponsorship to each non-EEA worker who they want to sponsor.
You can apply for relevant entry clearance (from outside the UK) or leave to remain (from within the UK) when you have been issued with a certificate of sponsorship reference number. RCN IAS can advise on applications and submit them to UKBA by post. You can also make applications at UKBA Public Enquiry Offices (PEO).

Do overseas nurses require a new permission to work and leave to remain on changing employment?

Yes. The prospective employer should have a sponsor’s licence under UKBA’s PBS and issue you with a certificate of sponsorship. You must then apply for leave to remain based on your new employment.

If for any reason you cease the employment for which a certificate of sponsorship was issued to you, you no longer have a legal basis upon which you can remain in the UK. Your leave to remain will no longer be valid and you will have to apply for new leave to remain. Please contact RCN IAS immediately if this has happened or if you fear this may happen or if you require further advice concerning this.

You should not resign from the employment you are currently engaged in without seeking advice from RCN IAS.

Can work permit holders undertake supplementary employment?

An overseas nurse who has a work permit and wishes to take work additional to that for which the permit was issued, may do so without further permission from the UKBA, provided the work is:

outside of their normal working hours
no more than 20 hours per week
in the same profession and at the same professional level for which the holder's work permit was issued
not employment by a recruitment agency, employment agency or similar business to provide personnel to a client.

Please note however that if you hold Tier two leave to remain, you are permitted to take up employment without further permission from the UKBA, provided the work is:

outside of your normal working hours
no more than 20 hours per week
in the same profession and at the same professional level for which the certificate of sponsorship was issued.

I need to extend/change status of my visa. Can you help me to obtain the correct visa?

The answers to visa enquiry questions will vary considerably depending on your immigration status, immigration history and personal circumstances. Please contact the RCN Immigration Advice Service for further advice.

Can the RCN help to bring my spouse, partner, civil partner and family to the UK?

We can offer advice to those who want their spouse, partner, civil partner and family to join them in the UK. However, we cannot offer letters of support for the entry of family members and we do not submit entry clearance applications to British Embassies/High Commissions abroad.

Do I have permission to work and remain in the UK while I am awaiting a decision by UKBA on an application?

Yes. The Immigration Act 1971 s3C states that leave to remain continues while a decision on an application is pending with UKBA if the application was made prior to the expiry of leave to remain.

Can the RCN help with British citizenship applications?

Application forms for citizenship can be obtained from the RCN Immigration Advice Service or from the UKBA website. We can provide advice and assistance in making applications for citizenship.

How can I find information about the Life in the UK test?

The Life in the UK test is now required for adults applying for indefinite leave to remain (settlement) in the UK or naturalisation (the first step towards an adult applying for British citizenship). It is mandatory to pass the Life in the UK test or provide evidence to support exemption from this test which the UKBA considers at its discretion. There is a dedicated website on the test, which offers the Life in the United Kingdom: a journey to citizenship handbook, which is the only book needed to complete the test. Visit the Life in the UK test website.

What are my rights of appeal if I am refused leave to remain?

A right of appeal arises if, as a result of a decision by UKBA, you no longer have leave to remain. In cases of refusals by UKBA and if you have been given the right of appeal, RCN IAS can offer advice, but we do not represent at immigration appeals.

Please do also contact us for advice if you have been refused and no longer have leave to remain.

Does RCN IAS give advice on asylum matters?

RCN IAS gives basic asylum advice but may refer you on to alternative legal representatives where appropriate.

Can asylum seekers work?

A person who has applied for asylum in the UK is not permitted to take employment unless expressly given permission to do so by UKBA. Contact the RCN Immigration Advice Service for further advice.

This information was valid on 27 July 2011

Visit the UKBA website.

Useful contacts

On this page you can find contact details and links to relevant websites that offer further advice and information on coming to work in the UK and immigration matters.

Working in the UK

The UKBA website details the various routes open to foreign nationals who want to come and work in the UK. The site is offered by the UKBA, which is a part of the Home Office.

The NHS has a dedicated website to help refugee and overseas qualified health professionals who are settled in the UK find employment in the UK health sector.