Legal News

Ministers are expected to vote on compulsory English language checks for EU migrants who come to the UK to work in the NHS.

The Daily Mail reports that ministers are aiming to close a loophole in the law, which enabled the EU to block the measures to ensure NHS workers from abroad were sufficiently fluent in English.

From March, it is expected that EU migrants wishing to work in the health service will sit a compulsory English language test if they are unable to prove to medical regulators that they have adequate English language skills to enable them to communicate with NHS colleagues and patients. It is not clear whether the tests would involve sitting a written English paper or consist of an oral English language test.

The EU had claimed that such a test would “infringe” EU principles of freedom of movement with EU member states for workers.

Last year doctors from the EU who came to Britain were required to sit a language test if they could not prove they were sufficiently fluent in the English language. This will now be rolled out to other NHS staff from the EU, including nurses, midwives, pharmacists, dentists and other dental professionals and technicians.

The Nursing and Midwifery Council (NMC) is charged with carrying out English language tests for nurses and midwives from EU member states, who want to work in the health service in the UK.

Language tests are already conducted by the NMC for applicants from non-EU countries who wish to come and work in the NHS. Currently, NHS hospitals are not allowed to employ staff who are not registered with the NMC.

The General Dental Council is expected to test dentists from the EU in their language skills – and the General Pharmaceutical Council will oversee language tests for pharmacists from EU member states.

Health Minister Dan Poulter said the new English language requirement for EU health workers joining the NHS would help improve patient safety – and protect elderly or frail patients who may have difficulty understanding a health worker with poor English language skills. Health workers who have poor English may also not be able to understand patients – including when they are in pain or need a drink of water or toileting.

Mr Poulter said:

“These new powers will make it easier for regulatory bodies to carry out checks to ensure healthcare professionals have the necessary knowledge of English.”

A spokesman for the Department of Health said:

“Regulatory bodies such as the Nursing and Midwifery Council already carry out rigorous language testing of foreign healthcare professionals from outside the EU, so it makes sense to allow regulatory bodies to check applicants from inside the EU also.”

Duncan Lewis Immigration Solicitors

Duncan Lewis immigration solicitors can advise migrants from the EU and from non-EU countries on a wide range of UK immigration law, including right to work in the UK, five-year work permits, student visas and visa overstays.

Duncan Lewis is also a leading Legal Aid solicitors and can advise migrants on:

• Asylum and asylum appeals
• British citizenship
• Illegal entry to the UK
• Fast-track detention
• Human Rights Act.

For expert legal advice on UK immigration law and the right to work in Britain, call Duncan Lewis immigration solicitors on 020 7923 4020.