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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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Hello, I am UK national by birth.. I recently got married

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Hello, I am UK national by birth..

I recently got married to a non-eu National at the registrar in Germany. My Wife is Egyptian born by birth. She has studied and qualified at a university in Germany as a medical doctor last May and is in full time employment working in her chosen field for a year now. Her period of study took 7 years where she has stayed in Germany all that time under a shengen visa which still has another 2 years to expire.

We would like to be with each other in the UK and are currently living apart (i.e me in UK and her in Germany) until she finds a Job in the UK..

Since our marriage in Germany we have successfully applied and got granted a marriage VISA from the UK embassy with the work permit. (will end in march, 2012)

As a first step to work in the UK she needs to register herself with the General Medical Council. There is an option, that if she has EC rights then she can go forego the PLAB tests as her primary medical qualification is from an EU Country.

My question is does she have EC rights?? What documents will we need to prove this??

Thank you in advance for your time and help..

Danny
Have you ever lived in Germany or another EEA state for a period of at least 3 months? If so then she may fit under the exemption from the PLAB test on the basis of being a non-UK/EEA spouse of a UK national who has resided in another member state under the citizenship directive exercising a treaty right.



If this is not the case then unfortunately, even though she has obtained her degree from a university in another member state, she does not appear to fall within any other exemptions as it is the nationality that counts and despite her residence, your wife is still considered to be an Egyptian national.



As you are probably aware, the UK is not party to the Schengen Agreement and so her Schengen visa will not permit her travel here and so the spouse entry clearance visa you have obtained will be required. She will of course be able to work on this visa without further permission from the Home Office and once she has completed 2 years on this visa, she will be eligible for Indefinite Leave to Remain. Once she has then completed 1 year with ILR, under the current rules, she will be eligible to apply for British citizenship. Please note that they are due to change the citizenship requirements next year and to a points based system and so the requirements by then may have changed.



I hope this answers you question in which case please Accept. If you require any further information, please ask.





CharlotteSJ and other UK Immigration Law Specialists are ready to help you
Customer: replied 6 years ago.

Hi,

 

Thank you again for the response above.. i have understood what you have written about the GMC and EC rights..

 

I have found some further information on the GMC website that could potentially allow my wife to be "exempt".. we are trying to exhaust all possibilities first before moving as a final result to the plab test..

 

I have found this link http://www.gmc-uk.org/ec_rights_factsheet.pdf_25396620.pdf .. There is a lot of wording in there to understand.. Will you be able to tell us if any points apply to us and wat documentation we will need..

 

Thanks

Dan

These are all the same points that I looked at previously in relation to your case. It is still her nationality that counts. All exemptions apply to EEA nationals and their families. You are not considered to be an EEA national unless you are able to demonstrate that you have resided in another member state as a worker, self employed person, student or self sufficient retired person for at least 3 months. If you can demonstrate this then she can be counted as the spouse of an EEA citizen and so she may be able to forgo the PLAB test. Otherwise she is unfortunately going to have to take it as she does not fall into the exemptions.

 

I hope this answers you question in which case please Accept. If you require any further information, please ask.

 

Customer: replied 6 years ago.

Hi Again,

 

Many thanks for the email above.. I have another few quick questions if you dont mind..

 

My wife has had to renew her visa residency in Germany for another year.. She has been told that she is now eligible to apply for a German passport and to fill in an application form for process..

 

If this is accepted, Do you know whether:

1. she has to submit her Egyptian passport

2. there will obviously be no issue with the GMC for registration but

how will this affect her to apply for a British passport as currently she has a spouse visa in the Egyptian passport.

 

Thanks in advance


Dan

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