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A. Valcke
A. Valcke, Solicitor
Category: UK Law
Satisfied Customers: 731
Experience:  14+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
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Attention to A. Valcke - GMC and EC RIGHTS

Resolved Question:

Hi,
I would like to ask you if I qualify as an exempt person and get FULL GMC registration under EC Rights.


I am referring to your post : http://www.justanswer.com/questions/41t7i-i-would-like-to-know-the-details-relating-to-european-community.


Basically, I am the spouse of a French citizen working in London and I have performed my medical qualification outside the EU.

According to the GMC, I need to seek advice from a professional specialized in EC rights. But when I see the EC rights factsheet (http://www.gmc-uk.org/doctors/registration_applications/ec_rights.asp),
I think I fall under that category.


I have applied for the EEA2 residence card (which is still under process) and my husband has the EEA1 residence card.


Do you think I fall under this exempted category if I send a copy of my spouse's EEA passport, our marriage certificate and the certificate of acceptance for the EEA2 residence card? Alternatively, I can get a letter from his employer to proof that he is working here in the UK.

If you need any extra information please do ask, because I want to get this right before I apply to the GMC. I don't want to allow any room for uncertainty because otherwise I will have to spend time to prepare for the PLAB exam and the IELTS.

Thank you.
Submitted: 3 years ago.
Category: UK Law
Expert:  Fran-mod replied 3 years ago.

My name is Francine, and I’m a Moderator for JustAnswer.

I'm sorry you haven't received an answer yet.

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Customer: replied 3 years ago.
Hi Francine, yes I would still like to recieve an answer, but I would prefer if it was from the sollicitor I first contacted.
Expert:  Fran-mod replied 3 years ago.
Hi,

You could edit the subject heading to lead off with his name. For example: "FOR XXXX" That way he'll see the request. If he is available to answer the question he can take it on.

I could also send him a message, but I cannot tell from your post what expert you may have originally thought you contacted. If he was not on line when that request came through, the request would expire and your question would automatically get opened to all other experts. That's why putting the expert's name in the subject heading is useful.

Regards

Customer: replied 3 years ago.
Thank you, XXXXX XXXXX changed the topic and the message slightly.


The solicitor I want to answer my case is A. Valcke because she seems to have dealt with the GMC and the EC rights. If you can please message her.

Thank you
Expert:  A. Valcke replied 3 years ago.
Hello,



The concept of EC rights refers to a situation where an EU citizen benefits from the right to free movement to live, work or study in an EU country (other than their country of origin). The concept also extends to family members (whatever their nationality) who accompany the EU citizen.



1. Your Spouse’s Residence Rights



As an EU citizen your spouse has a right to live in the UK for more than 3 months if (1) your spouse works as an employee or as a self-employed person, or (2) your spouse studies or (3) your spouse is otherwise self-sufficient (your spouse has sufficient financial resources to live in the UK without becoming an unreasonable burden on the social assistance system of the UK and has adequate healthcare cover in place, which both can be as a result of your employment).



This results from Directive 2004/38 as implemented in the Uk by the Immigration (EEA) Regulations.



2. Your Rights of Residence



As the spouse of an EU citizen, you have a right to live in the same EU country as your spouse.



I understand that you have applied for a residence card as the family member of an EU citizen. The residence card should be issued to you within 6 months of submitting your application. During the time you are awaiting the card, you are free to work without the need for a work permit.



3. Recognition of your qualifications



Under current EU mutual recognition rules, recognition of medical qualifications is mandatory only if it was acquired by an EU citizen in a Member State of the EU.



In order to enjoy the benefit of these rules, the citizen must be registered and entitled to practice as a general or specialist doctor in one of the EU member states.



In addition, non-EU family members of EU citizens with a right to residence under Directive 2004/38 also have a right to apply for recognition on the basis of Article 24 (equal treatment).



Since you are residing in the UK, as the family member of a French citizen, you fall within the scope of the EU rules.



Under the EU rules, national authorities are required to recognise qualifications obtained in another EU country. There is a process to follow for your qualifications to be recognised which requires you to submit an application to the relevant regulatory authority.



You also fall within the EU rules if you acquired your qualifications outside the EU but then worked as a doctor in another EU country for at least three years.



This results from Article 3 of Directive 2005/36, your non-EU qualification must be recognised by the UK, if you completed 3 years of practical experience in another EU country which recognised your qualification in medicine.



Article 3(3) states that:
“3. Evidence of formal qualifications issued by a third country shall be regarded as evidence of formal qualifications if the holder has three years' professional experience in the profession concerned on the territory of the Member State which recognised that evidence of formal qualifications in accordance with Article 2(2), certified by that Member State.”



In addition, the GMC is free to recognise non-EU qualifications in other circumstances since Article 2(2) further provides that:



“2. Each Member State may permit Member State nationals in possession of evidence of professional qualifications not obtained in a Member State to pursue a regulated profession within the meaning of Article 3(1)(a) on its territory in accordance with its rules. In the case of professions covered by Title III, Chapter III, this initial recognition shall respect the minimum training conditions laid down in that Chapter.”






A. Valcke (Mr)







































Customer: replied 3 years ago.
Thank you for your answer.

I contacted you because I read on one of your posts that you have advised hundreds of doctors on that issue.

The EC rights factsheet in the GMC website seems quite straight forward (http://www.gmc-uk.org/doctors/registration_applications/ec_rights.asp) and I fall into category 3a and i need to provide the following proof:

1/ either An EEA family permit, residence card or permanent residency card issued by the UK Home Office; or (except in the case of an extended family member) - which is the EEA2 card that I have applied for (is the certificate of application enough?)

2/ or b. Proof that they are the family member of an EEA/Swiss national, i.e.
i. proof of the nationality of the relevant EEA/Swiss national;
ii. proof of the relevant family relationship;

Because I don't have the EEA2 card yet, I was planning to send my spouse's EEA passport,a letter from his employer, a proof of my medical qualification, a certificate of good standing from a relevant health body, and a marriage certificate.

I think that it is clear and simple. I don't understand why the GMC still wants me to contact a solicitor specialized in that area. The only thing the solicitor can do is analyse the situation and send a letter saying that he believes I have EC rights.

Now the question - or the problem - is regarding my qualification that is from outside the EEA.

According to your answer, the only way my qualification is recognized by the GMC is if I worked 3 years in a EEA country (which cannot be achieved as I only finished my qualification 1.5 years ago) or at the discretion of the GMC, according to article 2(2).

But when you check the GMC website, http://www.gmc-uk.org/doctors/before_you_apply/registration_factsheet.asp, you can read:


"Full registration
You need full registration with a licence to practise for unsupervised medical practice in the NHS or private practice in the UK. Generally speaking, doctors who have undertaken a satisfactory period of experience under provisional registration may apply for full registration. Some doctors qualifying from outside the UK may be eligible to apply directly for full registration.

Nationals from the EEA, Switzerland and other doctors with EC rights who qualified outside of the EEA and Switzerland

Doctors applying through this route must have undergone medical training and acquired clinical experience, over a period acceptable to the General Council, which has provided them with a foundation for future practice as a fully registered medical practitioner which is at least as good as the foundation provided by an acceptable programme for provisionally registered doctors."

I have friends that have done the same medical school and were fully registered with the GMC after they have passed the PLAB exam. So, I am confident that the internship we perform at the medical school is an acceptable foundation program for the GMC.

So my questions are:

1/ Have you experienced a similar situation in your past experience of doctors with EC rights qualifying from outside EEA get full registration with the GMC.

2/ Are the documents mentioned above enough if we add a letter from a solicitor to highlight why I have EC rights.

3/ Do you think, now that you know my situation better, that the only way to get a registration through EC RIGHTS is to hope that Article 2(2) is used. "the GMC is free to recognise non-EU qualifications in other circumstances".


Thank you.
Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  A. Valcke replied 3 years ago.
1/ Have you experienced a similar situation in your past experience of doctors with EC rights qualifying from outside EEA get full registration with the GMC.



Yes, I have dealt with doctors in similar situations as your own.



2/ Are the documents mentioned above enough if we add a letter from a solicitor to highlight why I have EC rights.



When you applied for your residence card on form EEA2, the Home Office should have provided you with a certificate of application confirming your conditional entitlement to work in the UK while your card is being processed. You should send the GMC a copy of this letter.



In addition, the GMC has accepted advice provided to doctors by the European Commission's on-line legal information service which is free of charge. Do let me know if you wish to refer your situation to them.



3/ Do you think, now that you know my situation better, that the only way to get a registration through EC RIGHTS is to hope that Article 2(2) is used. "the GMC is free to recognise non-EU qualifications in other circumstances".



Yes, in my view, the GMC is not under an obligation to recognise your qualification under Article 3(3) of Directive 2005/36 since you do not have 3 years of experience gained in another EU country. It is my understanding that the GMC systematically makes use of Article 2(2) and extends recognition to doctors having EC rights of residence who have obtained their medical qualification in a non-EU country.











Customer: replied 3 years ago.
Thank you for answering.

After calling the home office it seems that there are 2 certificate of application for EEA2. One that has written on top attention to employer and one that hasn't. Mine hasn't and they said I cannot work until I am issued the residence card.

For the GMC, again I called them and they said that the only thing they need to know is if I have EC rights, regarding if my qualification is from the EEA or not. So i am bit confused with your answer saying that they are only obliged my qualification if I have practised 3 years in the EEA.

You haven't commented on my previous post on the following : " But when you check the GMC website, http://www.gmc-uk.org/doctors/before_you_apply/registration_factsheet.asp, you can read: "Full registration You need full registration with a licence to practise for unsupervised medical practice in the NHS or private practice in the UK. Generally speaking, doctors who have undertaken a satisfactory period of experience under provisional registration may apply for full registration. Some doctors qualifying from outside the UK may be eligible to apply directly for full registration. Nationals from the EEA, Switzerland and other doctors with EC rights who qualified outside of the EEA and Switzerland Doctors applying through this route must have undergone medical training and acquired clinical experience, over a period acceptable to the General Council, which has provided them with a foundation for future practice as a fully registered medical practitioner which is at least as good as the foundation provided by an acceptable programme for provisionally registered doctors."
Expert:  A. Valcke replied 3 years ago.
Like I said before, the GMC are not under an obligation under Directive 2005/36 to recognise your qualification if you have not practised in another EU country for at least 3 years. However, Article 2(2)gives the GMC the possibility to do so. It is my understanding that the GMC chooses to permit non-EU citizens who benefit from EC rights to apply for recognition of their qualifications obtained outside the EU. The website extract you have quoted confirms this is the case.



As I mentioned before, if the GMC want some kind of confirmation that you enjoy EC rights, I suggest you contact the European Commission's on-line advice service.



As for the certificate of application, the Home Office are under an obligation to issue it to you immediately upon making an application. The certificate is about two pages long and reads in part:


“Family members who are not themselves EEA nationals –

Such persons may engage in employment without a work permit and whilst their application for a Residence Card or Permanent Residence Card is under consideration”



Again, if you have not been given this certificate, , I suggest you contact the European Commission's on-line advice service, to see if they can assist you.







A. Valcke, Solicitor
Category: UK Law
Satisfied Customers: 731
Experience: 14+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
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