Hello again,does it make any difference if my partner achieved citizenship through HSMP,and if he has worked in the EEA country aswell?
Thankyou for the prompt reply, almost a year ago we had enquired about the same to GDC, and gdc had asked us if my partner had worked in the EEA country for more than 3 months, at that time my partner had not worked in the EEA country so we had then left this exempt route.
Just to fill in a bit of a background, i have already got a settlement visa for 2years to join my partner in the united kingdom,which would be extented for 1 year and then am eligible for british citizenship.
My partner had achieved full registration through ORE examination and is currently working as a general dental practitioner here in uk.
so do you think my registration would be through ore and not through any exempt category?
Correct, assuming you have a Spouse Visa and not an EEA Family Visa.
The GDC could of course decide at any time to apply a different criteria or come to a different conclusion - it is not really a matter of immigration law but rather regulatory requirements. The fact remains, however, that a British Citizen living and working in the UK is NOT exercising Community Rights, regardless of whether they have worked elsewhere in the EEA for any particular period of time.
IF your partner had been living and working outside the UK but in the EEA and you had obtained a EEA Family Visa and then come to the UK (Surinder SIngh route) then the GDC MIGHT have considered you to be exempt as your visa would have been granted based on Community Rights being exercised. I believe that you are NOT here on that basis though and thus exemption should not apply.
You might like to also note the following paragraph, with the source linked after:
"Therefore, in the event you can demonstrate exempt person status, this does not lead to automatic registration and does not “exempt” you from the ORE. It gives you the option of applying under the route of an individual assessment in addition to applying for the ORE."
You stated that your settlement visa was granted for 2 years and will be extended for 1 year - I presume you meant that you will get ILR after 2 years and then get Citizenship a year after getting ILR.
In summary, the precise answer would be that the GDC might consider you exempt IF you and your partner had been living and working outside the UK but within the EEA for at least 3 months but they might come back later and cause problems by saying this was done in error as you are not in the UK as a consequence of Community Rights being exercised. Does that make sense?
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