Students at Queen Mary University of London’s Malta campus (QMUL Malta) have filed for judicial review following a new law that means they are less likely to secure the training places necessary for an NHS career. 

After months of frustration, British medical students overseas are now challenging the Medical Training (Prioritisation) Act 2026 in court, with their lawyers arguing that the law, which came into force in March, breaches their human rights under the European Convention on Human Rights.

Two claimants have brought the case on behalf of 284 current medical students at QMUL Malta, an overseas branch campus of Queen Mary University of London. Students are also affected at other UK branch campuses, including Newcastle University Medicine Malaysia. 

Until recently, studying a General Medical Council-accredited degree at a branch campus of a UK university meant that students would be eligible for the training places necessary to pursue a career in the NHS, on the same terms as those studying in the UK.

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However, following growing concerns about British students losing out on limited training places to foreign-trained doctors, the government changed the law to give priority to those who study medicine in the UK. This includes international students studying in Britain but does not include British citizens studying abroad. 

Students in Ireland, Iceland, Liechtenstein, Norway and Switzerland are also included in the priority group because of existing trade agreements. 

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In a statement, the lawyers representing the students said they had joined QMUL Malta “on the fundamental premise that it would put them on an equal footing with those graduating from medical schools in the UK. The rug has now been pulled from under their feet.”

They said that in past years 97 per cent of QMUL Malta students have typically received a foundation programme place, the first phase of post-graduation training. 

However, in the current round, less than 20 per cent have been offered positions. 

Natalie Cohen, partner at Kingsley Napley, the legal firm representing the students, said the act “has a detrimental impact on the QMUL Malta students who are midway through their degree and whose reasonable expectation to return to the UK to commence their medical training have been dashed”.

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She continued: “They could not have foreseen this change given this legislation was fast-tracked through parliament, with its introduction and royal assent being achieved in under two months. In the absence of any proposed solution by the government or transitional arrangements for the QMUL Malta students, this claim has been issued seeking to protect their ECHR rights.”

Madhu Iyer, a parent of one of the affected students, said: “It is absolutely wrong that the government made this change without taking existing QMUL Malta students into account and that it is prepared to cut off British talent in this way. 

“Our kids have been cut adrift during their studies and face an uncertain future having commenced their studies on assurances of parity.” 

helen.packer@timeshighereducation.com