Home Office U-turn after Taiwanese NHS doctor ordered to leave UK or face deportation

Despite spending 18 years in the UK, Dr Mu-Chun Chiang was ordered to leave the UK after making an error in her visa application.

In a dramatic U-turn, the Home Office has decided that Dr Chiang is now able to stay in the UK to continue training to become an NHS GP. A furious backlash ensued when Dr Chiang was told she had to leave the UK within 14 days or face arrest and detention.

Applicants seeking a Tier 2 visa (if not certified by the Sponsor) must be able to evidence that they have had at least £945 in their bank account for 90 consecutive days up until one month before submission of the application. However, Dr Chiang’s balance had dipped below the £945 threshold for some of the 90-day period.

Medical groups warned that such a “harsh and ludicrous” application of immigration rules over small errors creates a “hostile environment” and would stop overseas doctors from moving to Britain to work for the understaffed NHS. The Home Office reversed its decision soon after the Royal College of GP’s chair wrote to the home secretary making the case for an intervention.

The Home Office’s U-turn was conveyed to Dr Chiang in an email confirming: “that we have exceptionally reviewed the decision taken on your Tier 2 General Worker Leave to Remain application submitted on 19 June 2019 based upon new evidence submitted after the decision was made. Thank you for your application which has now been approved.”

This article has been produced for general information purposes and further advice should be sought from a professional advisor. Immigration is a complex area of law for both corporates and individuals.  Please contact our Business Immigration / Employment Team at Cleaver Fulton Rankin for further advice or information.

Conor McCrory, Associate, Immigration Law Team, Cleaver Fulton Rankin, Solicitors.

---