EC Rights / GMC Law / GDC Law / Architects / Midwives, Nurses, Pharmacists and Veterinary Surgeons

Hylton-Potts - London Based Law Firm Helping People Across the UK since 1999

Brexit post referendum expert legal advice.

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We help Doctors, Dentists, Architects, Midwives, Nurses, Pharmacists and Veterinary Surgeons get onto the specialist registers, and advise on an appeal if there has been a refusal. We offer fixed fees.
To learn more, why not view to Rodney’s short video on this page.

EC Rights Fixed Fee
Application to GMC or GDC for registration: £1595 including VAT, including EC rights.
It is the same for applications to ARB, NMC, RCN, RPS and RCVS.

We can advise on all issues arising with NARIC

UK NARIC is the designated United Kingdom national agency for the recognition and comparison of international qualifications and skills. It performs this official function on behalf of the UK Government.

For individuals do you want to study, work, or settle in the UK?  We can help you.

Just lurking in Europe for 3 months will not hack it !

The GMC intensely dislike the EC Rights method of getting registered, and will nitpick, and find any excuse to stop a successful application, hence the need for expert advice and attention to detail. They consider it a ‘backdoor route’ by not taking the PLAB, and if there is a grey area they will rule against you.

We can guide you on every step of your application.  However you must have undertaken continuous residence for a minimum period of three months as per Directive 2004/38/EC,before we can file your application for registration based on EC Rights.

You will be required to submit evidence to prove that your stay in the relevant EU country is genuine. Such evidence may include proof of residency and proof of employment or self-sufficiency.

It is not sufficient for you to just physically go to another EC country; the position cannot be contrived. It must arise as a consequence of your natural movements within the EC. The proof has to be put across very skilfully. If the GMC take the view that your movements were not natural, real or genuine, and undertaken solely for the purpose of obtaining registration with them, they will turn you down. That is where we come in.

The GMC also take into account the following factors when considering exemption of the PLAB:

  1. Possession of an acceptable primary medical qualification.
  2. Completion of medical training (often called an internship)
  3. Clinical experience as a fully registered doctor, which is at least as good as that provided by the first year Foundation Program in the UK.
  4. The absence of any concerns about the Doctor’s fitness to practice.

Although, of course, based on law (the Medical Act 1983 as amended) the decision whether or not to register a medically qualified person is always a discretionary one. The Registrar’s discretion is exercised on a case by case basis based on the interpretation and understanding of the law at the time that each decision is made. It is always “if the General Council thinks fit so to direct”.  The onus is on the applicant to satisfy the Registrar that the relevant criteria are met.

The exercise therefore is a mixture of applying the correct law, but also greatly improving your chances of persuading the GMC to exercise their discretion in your favour.

We do a lot of medical/ legal, GDC, GMC, UKFPO, NMC and Hospital Trust work and have an excellent track record of success. We have helped many fine doctors and have great experience with doctors who benefit from an EC right as a British Citizen/or being married or in a civil partnership relationship with one.

To learn more, why not listen to Rodney’s short podcast on the homepage.

Certificates of Completion of Training (CCT)

The Certificates of Completion of Training (CCT) is a legal requirement for all doctors who are practising as a substantive, fixed term or honorary consultant in the NHS. The CCT is awarded to specialist doctors under Annex V (point 5.1.2) of The Directive on Recognition of Professional Qualifications (the Directive) for the UK. The certificate confirms satisfactory completion of specialist training which satisfies the requirements of Article 25 of the Directive (or Article 28 where the speciality is General Practice). If you are unsure if and how this affects you, then please contact us for further information.

We deal with primary care NHS applications.

Contact us if you feel you have been unfairly marked, or given a fail in any examination, including Royal College of Surgeons.

We can help with problems affecting the Royal College of Paediatrics and Child Health –   and the Irish medical Council https://www.medicalcouncil.ie.

We can help with applications for Certificate of Completion of Training (CCT) and Certificate confirming Eligibility for Specialist Registration (CESR)

PROFESSIONAL AND LINGUISTIC ASSESSMENTS BOARD (PLAB)

Fact sheet on rights for nationals of European states and those with an enforceable Community right

Under certain circumstances individuals who are “exempt persons” can benefit from the provisions of the Medical Act.

This is an extremely complex area and this guidance gives only general information. If you believe you benefit from an EC right, you are strongly advised to seek professional advice from a lawyer specialising in rights for nationals of European states and those with an enforceable Community right. The GMC cannot give you advice and it is your responsibility to demonstrate to the GMC the existence of such a right.

We can help – Consult the experts – Call us on 020 7381 8111  or email law@hylton-potts.com and see how we can help you defend your case concerning the General Medical Council laws.

Legal review following failure to pass PLAB exam set by GMC £950 including VAT

Who is an “exempt person”?

There are different ways an applicant may qualify as an exempt person. These are:

1. Nationals of EEA states (other than UK nationals) and Swiss nationals;

2. UK nationals with enforceable Community rights by virtue of having resided in another relevant European state as a worker, self employed person, student or self-sufficient person or (in the case of an EEA state) pursuant to the three month right to reside under the Citizenship Directive;1

3. Those who are not nationals of an EEA state or Switzerland and who are:

a. the spouse/civil partner/partner (for a definition of partner see below) registered under the law of an EEA state of:

i. a non-UK EEA 202 national in the UK as a worker, self-employed person , or self sufficient person, or pursuant to the three month right to reside under the Citizenship Directive;

ii. a UK national having resided in another relevant European state as a worker, self-employed person, or self sufficient person, or (in the case of an EEA state) pursuant to the three month right to reside under the Citizenship Directive;

iii. a EU-83 or EU-24 national in the UK as a self-employed person, or self-sufficient person;

b. the descendant aged under 21 years, dependent descendant or dependent relative in the ascending line of an EEA national as defined in (a) (i)-(iii) above, or of their spouse or civil partner or the extended family member of such a person having been given the right to reside in the UK;

c. the spouse/civil partner/partner of an EEA national in the UK as a student for more than three months or of a UK national having studied for more than three months in another relevant European state, or the dependent child of such an EEA or UK national or their spouse or civil partner;

d. a person previously falling into one of the categories in (a)-(c) above who has retained their Community rights following the death or departure of the EEA national from the UK or following divorce, annulment of marriage or termination of the civil partnership, under the conditions described in Articles 12-13 of the Citizenship Directive.

e. the spouse/civil partner/partner, descendant under 21 or dependent descendant of an EU-8 national working legally in the UK (i.e. for an authorised employer or no longer subject to registration) who is legally residing with the EU-8 national in the UK;

f. the spouse/civil partner/partner, descendant under 21 or dependent descendant of an EU-2 national working legally in the UK (i.e. for an authorised employer or no longer subject to authorisation) who is or has been legally residing with the worker in the UK;

i. since before 1 January 2007; or

ii. for at least 18 months (NB this cannot be before 1 July 2008, or the family member will fall into the previous category);

iii. after 1 January 2009

g. the spouse/civil partner/partner, child under 21 or dependent child of a Swiss national in the UK as an employed worker, a self employed person, a student or self sufficient person.

Proof of exemption

1. EEA and Swiss nationals only need to provide a valid passport or ID card, or a registration certificate or permanent residence card issued by the UK Home Office.

2. UK nationals must provide proof of citizenship and proof that they have a community right, namely:

a. In the case of applicants under sections 3(1)(b), 14A or 15A of the Medical Act, the possession of the relevant European qualification required for registration under those sections; otherwise either

b. a registration certificate or permanent residence card issued by another EEA state, or a Swiss residence permit; or

c. other evidence of employment, self-employment, study, self-sufficient residence in another relevant European state, or of other residence for under three months in another EEA state; or

3. non-EEA family members of EEA or Swiss nationals should provide proof of citizenship and either the documents in (a) below or evidence of the matters in both (b) and one of (c) or (d) , and (e) where relevant:

a. 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)

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;

iii. where required, proof of dependency on the EEA/Swiss national or their spouse or (where relevant) civil partner in the family member’s state of origin or the state from which they have come;

iv. in the case of family members of EU-2 and EU-8 workers, proof that they are residing with the EEA national in the UK;

c. In the case of family members of a non-UK national, proof that the EEA/Swiss national is in the UK as a worker, self-employed person, student or self-sufficient person or, in the case of an EEA national, has been resident in the UK for under three months;

d. In the case of family members of a UK national, proof of the UK national’s exercise of Community rights through;

i. a registration certificate or permanent residence certificate issued by another EEA state or a Swiss residence permit; or

ii. other evidence of employment, self-employment, study, self-sufficient residence in another relevant European state, or of other residence for under three months in another EEA state;

iii. other evidence that the UK national, through residing in the UK, is exercising their right to travel to other EEA states or Switzerland to provide services there.

e. In the case of family members of a non-EEA national claiming to have retained their Community rights following the death or departure of the EEA national from the UK or following divorce, annulment of marriage or

Documentary evidence required

Please note this list is not exhaustive and you should review the examples given that are most appropriate in your individual case.

1. Proof of EEA or Swiss nationality; a valid passport, ID card, or UK Home Office issued registration certificate or permanent residency card.

2. Proof of UK nationality; a valid passport or ID card, or other sufficient proof of nationality, e.g. naturalisation document.

3. Proof of employment; letter from employer or certificate of employment; if relevant, evidence of temporary inability to work, or of involuntary unemployment and registration as a job-seeker, or vocational training. In case of EU-2 and EU-8 workers, there must also be evidence that the employment is authorised, i.e. is in accordance with the EU-2 national’s work authorisation or the EU-8 national’s registration.

4. Proof of self employment; for example a set of self employed accounts or letter from an accountant.

5. Proof of student status; a letter from the educational establishment attesting to attendance or enrolment, or where past attendance is relevant (e.g. UK citizen returning after studying abroad), a certificate or diploma attesting to the completion of a course. In the case of EEA/Swiss nationals in the UK as students for more than three months, proof should also be furnished of medical insurance for the student and their family members together with declaration of sufficient resources;

6. Proof of self-sufficient residence; for periods after three months some evidence of resources (e.g. bank statements, investment certificates) will be needed.

7. Other proof of exercising the right to reside for up to three months in another EEA state; evidence of the purpose of the trip and activities engaged in during the period.

8. Proof of dependency; a certificate of dependency issued by the family member’s state of origin or the relevant European state from which the EEA/Swiss national and family member are coming to the UK, or other evidence that EEA/Swiss national provides material support to the family member on the relevant state.

Partner

9. Directive 2004/38/EC of the European Parliament relates to the right of citizens of the European Union and their family members to move and reside freely within the European Union. The Directive extended the definition of the family to a certain extent.

10. Article 2(2) of the Directive defines “Family member” as meaning the spouse or the partner with whom the EU citizen has contracted a registered partnership.

11. However, Article 3(2) goes on to say that without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host member state shall in accordance with its national legislation facilitate entry and residence for a partner with whom the EU citizen has a durable relationship, duly attested.

12. Article 3 requires the member state to undertake an extensive examination of the personal circumstances of the relationship in order to justify or deny entry or residence to those people who claim to have a durable relationship.

13. The Directive therefore serves to improve the position of unmarried cohabitants as the previous legislation did not require member states to facilitate the entry and residence of a worker’s partner.

14. The Immigration (European Economic Area) Regulations 2006 implemented into the UK the provisions of the Directive.

15. Regulation 7 defines “family member”. The primary category is that of spouse or civil partner but the definition also states at 7(3):

“a person who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card shall be treated as the family member of the relevant EEA national for as long as he continues to satisfy the conditions in regulation 8(2),(3),(4) or (5) in relation to that EEA national and the permit, certificate or card has not ceased to be valid or been revoked”.

16. Regulation 8(5) states that if a person is the partner of an EEA national (other than a civil partner) and can prove to the decision maker that he or she is in a durable relationship with the EEA national, he or she satisfies the condition of a being a “family member”.

17. The Directive and Regulations have therefore updated the definition of the family and now confer EC Right protection upon unmarried cohabitants who are in a durable relationship.

18. Any assessment of whether you are in a durable relationship will be carried out by the member state in which you apply for residence. They will provide you with

As stated previously this is an extremely complex area and this guidance gives only general information. If you believe you benefit from an EC right, you are strongly advised to seek professional advice from a lawyer specialising in rights for nationals of European states and those with an enforceable Community right. The GMC cannot give you advice and it is your responsibility to demonstrate to the GMC the existence of such a right.

Please refer to the EU commission web site for more information and documentation (including a list of which countries are in the EEA and the Citizenship Directive) – http://europa.eu

Other useful links are

SOLVIT – http://ec.europa.eu/solvit/

Citizens Signpost Service (CSS) http://ec.europa.eu/citizensrights/front_end/index_en.htm.

1 Directive 2004/38/EC

2 The 15 pre-2004 EU Member states (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom), Cyprus, Malta and the three non-EU EEA states (Norway, Iceland and Lichtenstein)

3 The eight accession states joining the EU in 2004 (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia)

4 The 2 accession states joining the EU in 2007 (Bulgaria and Romania)

The Psychiatrist –
Sponsorship of overseas qualified doctors – exemption from the PLAB test

The General Medical Council has recently reviewed the arrangements for granting exemption

from the PLAB test to overseas doctors. Although it will still be open to consultants to request

limited registration with the General Medical Council for individual overseas qualified doctors

whom they wish to train, these requests will in the future be made through the appropriate

Royal College in the first instance.

The attention of members of the College is drawn to the following notice which originally

appeared in the December 1993 issue of the General Medical Council News Review.

Advice to consultants wishing to sponsor doctors from overseas for exemption from the PLAB test

If you are planning to arrange for an overseas doctor to come to the United Kingdom for training and wish to obtain exemption from the PLAB test for him or her, you should approach the

appropriate Royal College who will be able to guide you through the process of obtaining registration for the doctor.

Here is a quick check-list which may be helpful.

You should seek advice from the appropriate Royal College about the procedures to be completed and the length of time this will take initiate the process at least six months before the doctor arrives here provide the Royal College with as much information as possible about the doctor’s qualifications and experience – : some primary medial qualifications granted overseas are not accepted by the GMC for any form of registration be in a position to provide the Royal College with details of your knowledge of the doctor’s sponsors overseas ensure that the doctor is advised to bring to the United Kingdom the originals of his or her degree diplomas, medical college certificates (and marriage certificate, if relevant).

You should not allow the doctor to take up employment until the GMC has confirmed the grant of limited registration.

Standard for practice in the UK under full registration

 An applicant for full registration under section 19 of the Medical Act 1983 (as amended) is required to satisfy the Registrar that they currently meet the standard for practice in the UK under full registration. The law places the onus on the applicant to satisfy the Registrar in this regard. As a matter of policy, the Registrar will seek to be satisfied on the basis of robust, objective, independent and verifiable evidence.

The types of evidence which may allow the Registrar to be satisfied in this respect include:

1. Success in a relevant objective test of competence, obtained within the three years prior to the date of application for registration. This might include, for example, a pass in the PLAB test or the award of an approved postgraduate qualification.*  Please note that if an applicant was to take and fail the PLAB test and then reapply for registration without subsequently passing the PLAB test, it may disadvantage that application.

2. At least three years continuous satisfactory medical practice in posts of at least three months duration undertaken within the five years preceding the date of application, including the full twelve months prior to any application for registration.  Objective evidence will be in the form of satisfactory GMC structured reports (preferably from more than one supervising consultant) completed by the supervising consultants and covering the full period of practice. We expect supervising consultants to be able to provide an impartial and unbiased assessment. As such, an applicant should not provide reports completed by family members.

3. Objective evidence of the award of one or more relevant postgraduate qualifications obtained within the three years prior to the date of application for registration. A relevant postgraduate qualification is one which requires the applicant to have a medical qualification in order to be accepted onto the course and which includes some medical practice. Objective evidence will be in the form of the original certificate confirming the award of the qualification along with supervising consultant reports confirming satisfactory medical practice.

Other evidence in addition to that identified above which may help support an application for registration includes:

4. Objective evidence of one or more satisfactory UK clinical attachments undertaken within the 12 months preceding the date of application for registration.  We generally expect such attachments to be of at least three months duration. Evidence will be in the form of GMC structured clinical attachment reports. It is also helpful to receive details of what involvement, if any, the applicant had in attending training sessions, grand rounds and ward rounds.  In addition to a detailed log of such matters it is also helpful if such activities are confirmed by the supervising consultant or the employer.

5.  Objective evidence of continuing medical education (CME) and/or /or continuing professional development (CPD). Examples of acceptable CME/CPD that may be taken into account includes mini-CEX, DOPS, CBDs, BMJ online courses, ALERTS and ATLS. Objective evidence is generally considered to be in the form of certificates confirming attendance at relevant courses, including details of any CPD points awarded and/or confirmation of the successful outcome of any test taken.  Providing a list of medical journals, articles or websites reviewed over a period of time does not provide objective evidence that an applicant currently meets the standard for practice in the UK as a fully registered medical practitioner.

The information contained here is intended as guidance on the types of evidence which may allow the Registrar to be satisfied that an applicant meets the standard for practice in the UK under full registration. It does not guarantee that providing any of the evidence described above, whether on its own or in combination with other evidence, will lead to a decision to grant registration. Any future application will be assessed against the legislation and procedures in place at that time and in light of the evidence and information submitted in support of the application.

*A list of approved postgraduate qualifications can be found at http://www.gmc-uk.org/doctors/registration_applications/acceptable_postgraduate_qualifications.asp

We help Doctors and Dentists get onto the specialist registers, and advise on an appeal if there has been a refusal.
We are particularly skilled at helping doctors including psychiatrists, obtain specialist registration without taking the rather grilling

CCT
Certificate of Completion of training and postnatal

CESR
Certificate of Eligibility for Specialist Registration
The fixed fee is £1495 including VAT, which is less than the fee payable to apply for this Certificate.

Homologation

This is the: granting of approval by an official authority, such as your professional body.

We can help have your degree or  qualification homologated to assist in the process of becoming registered

We can help – Consult the experts – Call us on 020 7381 8111  or email law@hylton-potts.com and see how we can help you defend your case concerning the General Medical Council laws.

ethics:

http://www3.imperial.ac.uk/cpd/courses/subject/medical/ace/
http://www3.imperial.ac.uk/cpd/courses/subject/medical/medeth

http://www.medicalprotection.org/uk/education-and-events/mastering-adverse-outcomes
http://www.the-mdu.com/section_GPs_and_primary_care_professionals/topnav_Our_services_5/nav_Education_and_Training_5/subnav_Medical_Ethics_and_Law_Workshops_2.asp

http://gcptraining.org.uk/

There are also some postgraduate course available in ethics at various universities.

good practice :

http://gcptraining.org.uk/

https://www.rcplondon.ac.uk/events – various
http://www.rcgp.org.uk/learning/courses-and-events.aspx – various

http://www.gmc-uk.org/guidance/good_medical_practice/
maintaining_good_medical_practice_up_to_date.asp

http://masterclasses.bmj.com/

http://www.themdu.com/learn-and-develop/mdu-courses?ViewBy=Date&DateSortBy=Soonestfirst&LocalRole=a327cb59-318d-4a11-8707-f3466fef7454https://www.the-mdu.com/section_GPs_and_primary_care_professionals/topnav_Our_services_5/nav_Education_and_Training_5/subnav_Practice_seminars_3.asp
http://www.the-mdu.com/section_GPs_and_primary_care_professionals/topnav_Our_services_5/nav_Education_and_Training_5/subnav_Professional_Challenges_Workshop_4.asp

http://www.expertology.co.uk/goodpract.php

patient care :

http://www.the-mdu.com/section_GPs_and_primary_care_professionals/topnav_Our_services_5/nav_Education_and_Training_5/subnav_Communication_Skills_Workshop_1.asp

We can help – Consult the experts – Call us on 020 7381 8111  or email law@hylton-potts.com and see how we can help you defend your case concerning the General Medical Council laws.

GMC IOP Conditions Bank – click here to download

Guide to Registration in UK to become a fully qualified doctor

You wish to become a fully qualified doctor, perhaps by undertaking Foundation Year training in the UK

You are aware that International Medical Graduates must undertake the Professional and Linguistic Assessments Board (PLAB) test to demonstrate that they have the necessary skills and knowledge to practice medicine in the UK. However, you have been told that those who have exercised “EC rights” are exempt from this. You wish to know whether you have done so.

We can help you obtain Certificates of Completion of Training (CCT).

Applicable Law

EC Treaty

Immigration (European Economic Area) Regulations 2006

The way forward

If you wish to apply for registration, or you been turned down and wish to apply again we can help. We will provide the General Medical Council with proof of the study and/or work, and ask them to exempt you from the PLAB on this basis. We handle the whole process.

We do a lot of medico/ legal, GMC work, and Hospital Trust work and have an excellent track of success.
In many areas of law, a lawyer can give an opinion on the merits or strength of a case prior to a decision on going ahead.

Unusually in this area of law, the best way to give an opinion on the strength is to actually complete the Application with the supporting documents. To file an Application costs no more, and takes no longer than giving the opinion.

We therefore offer the inclusive guaranteed £1495 including VAT package which might suit you.

Medical Misconduct Lawyer

Rodney Hylton-Potts is highly experienced in defending doctors, and medical students in Medical Practitioners Tribunal Service (MPTS)  proceedings. He has a high success rate in obtaining the very best possible result for doctors, a medical students, in IOP and Fitness to Practice hearings, professional conduct, competence and ill health suspension hearings. He has significant expertise in defending doctors in medical and clinical negligence cases. He can advice on GMC law and procedure, the Medical Act 1983 and GMC Conduct and Health rules.

Hylton-Potts specialises in making representations to the panels following the refusal of registration due to misconduct and Assistant registrar appeals panel.

Top Defence Lawyer for doctors

He fights for his clients. Call for a free consultation and advice in relation to any GMC matter. What have you got to lose?

Contact the team of medico-legal advisers, on the Free Legal Helpline number 020 7381 8111 or email law@hylton-potts.com

Registration with the General Dental Council

We help Dentists get onto the specialist registers, and advise on an appeal if there has been a refusal. If you are having difficulties with your registration with the General Dental Council we can help. We have a very successful track record, in helping clients with registrations and successful appeals. Consult the experts.
GDC Fixed Fee
Application GDC for registration: £1495 including VAT, including EC rights.
To learn more, why not view Rodney’s short video at the top of this page.
Just lurking in Europe for 3 months will not hack it.

The GDC intensely dislike the EC Rights method of getting registered, and will nitpick, and find any excuse to stop a successful application, hence the need for expert advice and attention to detail. They consider it a ‘backdoor route’ by not taking the ORE, and if there is a grey area they will rule against you.

We can guide you on every step of your application.  However you must have undertaken continuous residence for a minimum period of three months as per Directive 2004/38/EC,before we can file your application for registration based on EC Rights.

You will be required to gather evidence to prove that your stay in your chosen EEA Member State is genuine. Such evidence may include proof of residency and proof of employment or self-sufficiency, which place you in your chosen EEA Member State for the minimum three months period required by the GDC.

The GDC take into account the following factors when considering exemption of the ORE:

  1. Possession of an acceptable primary medical  qualification.
  2. Completion of medical training (often called an  internship)
  3. Clinical experience as a fully registered  dentist, which is at least as good as that provided by the first year Foundation Program in the UK.
  4. The absence of any concerns about the Dentist’s fitness to practice.

The decision whether or not to register a medically qualified person without taking the ORE is always a discretionary one. The Registrar’s discretion is exercised on a case by you case basis based on the interpretation and understanding of the law at the time that each decision is made. It is always “if the General Council thinks fit so to direct”.  The onus is on the applicant to satisfy the Registrar that the relevant criteria are met.

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.

The exercise therefore is a mixture of applying the correct law, but also greatly improving your chances of persuading the GDC to exercise their discretion in your favour.

We do a lot of medical/ legal, GDC, GMC, UKFPO, NMC and Hospital Trust work and have an excellent track record of success. We have helped many fine dentists and have great experience with dentists who benefit from an EC right as a British Citizen/or being married or in a civil partnership relationship with one.

By virtue of being a national of EEA State you qualify as exempt from the Overseas Registration Exam (ORE) test and can apply for registration with the GDC via EC-rights.

General Dental Council (GDC) guidance on European Parliament Directive 2004/38/EC and EC Rights

This explains the circumstances under which applicants are entitled to be treated as an exempt person or as an UK national with enforceable community rights and the documents required to prove this entitlement.  The guidance applies to EEA nationals who are moving to work and reside in the UK and the family member is accompanying them.

Please note that this guidance does not constitute legal advice.  Should you have any questions about your rights under EC law, you are strongly advised to consult an appropriately qualified lawyer.  The GDC cannot provide such advice.

 EU Directive 2004/38/EC was implemented on 30 April 2006 and is effective from that date.

What are the European member states?

 

Austria

Greece

The Netherlands

 

Belgium

Hungary 

Norway

Bulgaria

Iceland

Poland

Cyprus 

Ireland

Portugal

Czech Republic

Italy

Romania

Denmark

Latvia

Slovakia

Estonia

Lichtenstein

Slovenia

Finland

Lithuania

Spain

France

Luxembourg

Sweden

Germany

Malta

For the purposes of registration with the GDC, Switzerland is treated as an EEA Member State.

What are the main principles of EU Directive 2004/38/EC?

It is a single, transparent instrument establishing conditions governing the right of EU citizens and their family members to freely move and reside within the territory of the Member States. 

This directive applies to all EU Citizens who move to or reside in a Member State other than that of which they are a national and to their family members.

EU citizens have the right to free movement and residence within the territory of the Member States. However, this right is also granted to their family members.

This directive requires that family members of EU citizens are treated as EU citizens. The specific rights of family members are:

  • Article 24: right of family members to equal treatment as Member State nationals providing they have the right of residence or permanent residence under Article 7.2.
  • Article 23: right of family members to take up employment or self-employment, providing they have the right of residence or permanent residence. 

I am a non-EEA national – am I an “exempt person”?

In order to apply for registration under section 15(4) and 16(2A) or (2B) of the Dentists Act 1984, you will have to demonstrate that you qualify as an ‘exempt person’.  There are different ways an applicant may qualify as an exempt person.  These are:

  • Nationals of EEA states (other than UK nationals) and Swiss nationals; or
  • UK nationals with enforceable Community rights by virtue of having resided in another relevant European state as a worker, self employed person, student or self-sufficient person or (in the case of an EEA state) pursuant to the three month right to reside under Directive 2004/38/EC.
  • Those who are not nationals of an EEA state or Switzerland and who are:
    • the spouse/civil partner registered under the law of an EEA state of:
      • a non-UK EEA national in the UK as a worker, self-employed person, or self-sufficient person, or pursuant to the three month right to reside under Directive 2004/38/EC
      • a UK national having resided in  another relevant European state as a worker, self-employed person, or self sufficient person, or (in the case of an EEA state) pursuant to the three month right to reside under Directive 2004/38/EC;

 

  •  the descendant aged under 21 years, dependent descendant or dependent relative in the ascending line of an EEA national as defined in (a) (i)-(ii) above, or of their spouse or civil partner or the extended family member of such a person having been given the right to reside in the UK;
  • the spouse, civil partner of an EEA national in the UK as a student for more than three months or a UK national having studied for more than three months in another relevant European State, or the dependent child of such an EEA or UK national or their spouse or partner;
  • a person previously falling into one of the categories in (a)-(c) above who has retained their Community rights following the death or departure of the EEA national from the UK or following divorce, annulment of marriage or termination of the civil partnership, under the conditions described in Articles 12 – 13 of Directive 2004/38/EC;
  • the spouse, child under 21 or dependent child of a Swiss national in the UK as an employed worker, a self employed person, a student or self sufficient person.

Rights conferred by this Directive do not extend to a substantive right to have professional qualifications recognised.  If you are entitled to be treated as an exempt person in the UK, you are not entitled to automatic recognition of your qualifications.

I am a UK national or a family member of a UK national – how do I demonstrate that I have enforceable community rights?

For UK nationals, or family members of a UK national who wish to apply for registration via enforceable community rights, the following evidence is required from you, your spouse or family member as appropriate, to prove ‘exempt person’ status:

  • A registration certificate or residence card issued by another EEA state, or a Swiss residence permit proving residence in that relevant EEA state for at least three consecutive months; or
  • Evidence of at least three consecutive months of employment, self-employment, study, self-sufficient residence in another relevant European state.

For documentation confirming your residential status in another EEA member state, it is your responsibility to obtain information from the appropriate bodies in that member state.

I am a UK citizen married to a UK citizen – why am I not an exempt person?

The definition of an ‘exempt person’ in the Dentists Act 1984 specifically excludes UK citizens except where they are seeking access to or pursuing the profession of
dentistry by virtue of an enforceable community right.  You can not derive the right to be treated as an exempt person in the UK from your relationship to a UK national because:

  • Article 3 of directive 2004/38/EC states that the directive shall only apply to those European Union citizens who move to or reside in a member state other than that which they are a national, and to their family members who accompany or join      them.
  • When a UK national remains in the UK he/she is not moving within the EU in order to exercise his/her right of free movement and residence.

What are the consequences in the UK for the treatment of family members’ professional qualifications?

The family member of an EEA national or UK national with enforceable community rights who is a third country national i.e. a non-EEA national, accompanying another member state national who is living in the UK:

  • who has qualifications from the UK, will have a right to equal treatment under Article 24 of Directive 2004/38.  However, irrespective of this directive, all individuals with a recognised dental qualification from the UK are eligible for      registration in the UK irrespective of nationality.
  • who has qualifications from a member state other than the UK, by virtue of Article 24 of 2004/38 is entitled to be treated equivalently to a national of the UK with another member state’s qualifications.
  • who has qualifications from a third country i.e. a non-EEA country, has the right to have those qualifications to be treated equivalently to a national of the UK with a third country qualifications.

A family member who is another Member State national, but has qualifications from a third country, will fall within the EU recognition directives listed in annexe A.

A family member who is a third country national i.e. a non-EEA national, accompanying an exempt person or UK national with enforceable community rights  does not acquire rights via Directive 2004/38 unless the UK national can provide evidence of at least three consecutive months of employment, self-employment, study, or self-sufficient residence in another relevant European state.

What documentary evidence is required to prove that the applicant for registration with the GDC is the family member of an EEA national?

If a non- EEA national applied for registration with the GDC and believe that they are entitled to equal treatment as an exempt person, they must provide the following documents to the GDC to prove their entitlement:

  • certified copy of applicant’s valid passport;
  • certified copy of the passport of the EEA national who the applicant is a family member of;
  • a certified copy of the visa, EEA family permit or EEA family residence card issued by the relevant EEA member state, showing that they are the family member of an EEA national, and have the right to residence/proving residence in that relevant EEA state for at least three consecutive months;
  • If applicable, evidence of at least three consecutive months of employment, self-employment, study or self-sufficient residence in another relevant European state;
  • An original signed and dated letter from the EEA national from whom the applicant derives their rights stating that he/she is moving to work or reside in the UK and that the applicant is joining them.

If you are unable to provide the above documents, the alternative documents you have to provide will depend on your relationship with the EEA national from who you are deriving your rights. These are detailed in the following document:

 Relationship with EEA national (42kb, Word)

How do I find out about working in the UK?

Please note that if you are the family member of an EEA national who has been granted registration by the GDC, you may still require clearance to work in the UK. The GDC is unable to provide advice on this. For advice please contact the Immigration and Nationality Department at the Home Office. You can find out about work permits on the work permits website.

What is a certified copy?

For the purposes of registration the GDC defines a certified copy of a document as one where:

  • the document is a first generation photocopy (i.e. a photocopy of the original document, not a photocopy of a photocopy or of a fax);
  • the person certifying is a Notary Public, Commissioner of Oaths, Justice of Peace or other entitled to practise law or is an authorised officer of an embassy or consulate (a   mayor or police officer cannot certify documents);
  • the person certifying the copy has confirmed in English writing that they have inspected the original document(s) and that the document they are certifying is a ‘true copy of the original’;
  • the copy must bear the contact details of the person certifying, including the name, signature and address; and
  • the person certifying the document is not the applicant themselves, or their spouse.

What documents do you accept as evidence of name change?

We accept the following as evidence of name change:

  • A name change deed poll; or
  • an affidavit signed by the applicant in presence of a solicitor or magistrate confirming change of name and where the solicitor or magistrate has confirmed change of name.  The full name, signature and contact details of both the applicant and  solicitor or magistrate must be provided; or
  • a certified copy of a marriage certificate (to prove change of surname only).

How should my documents be translated?

All documents in a language other than English must be accompanied by translations into English.

  • translations must be from a legally licensed and authorised translator.
  • the translator must confirm in writing that the translation is an exact and direct translation from the original language into English e.g. a document originally in Hungarian and which has also been translated into Greek must be translated into English  from the original Hungarian document and not from the Greek document.
  • the translator’s full name, address, signature and contact details must be provided.

Call us on 020 7381 8111 or email law@hylton-potts.com and see how we can help you defend your case concerning the General Medical Council laws.

A image snippet showing a recent successful outcome to our work;

GDC Success

(click the image to see a PDF copy of the full letter)

Applications to Restore Registrations

We are experts at applications to restore registrations, and have a great success rate. Please contact the experts, on the Free Legal Helpline number 020 7381 8111 or email law@hylton-potts.com

Click here to download the UD4 GMC Application Form

Over 85% of GMC complaints are resolved without proceeding to a Fitness to Practise panel hearing.

  • We have access to a large and most experienced team of medico-legal advisers.
  • Should an incident turn into a claim, we can put in place a team of experts, comprising a doctor, a claims expert, and, if appropriate, a lawyer to provide the very best defence.
  • WE offer expert advice and representation should a doctor, or medical student, find him or her self the subject of a GMC or disciplinary investigation relating to clinical practice.
  • We can help when dealing with the media, from advising the Doctor what to say to issuing statements and speaking on the members behalf.

ADVICE

We offer doctors, dentists and medical students, advice 7 days a week, 365 days a year.

We can help with:

  • Medico-legal and ethical advice
  • Assistance with handling complaints
  • Inquests
  • Disciplinary proceedings
  • Proceedings by the GMC/GDC
  • Criminal investigations into clinical care that has been provided

Contact the team of medico-legal advisers, on the Free Legal Helpline number 020 7381 8111 or email law@hylton-potts.com

Advice

The General Medical Council states that you will only need to pass the PLAB for International Medical Graduates if you fall within the following categories:

  • you are a national of a country outside the UK, EEA or Switzerland who graduated from a medical school outside the UK; OR
  • you are a UK national who has graduated from a medical school outside the UK, EEA or Switzerland; AND
  • you do not have EC rights.1

The GMC has provided guidance on the rights for “nationals of European states” and what constitutes having an “enforceable Community right”. In this guidance, subsection 2 describes those exempt from PLAB. It includes:

UK nationals with enforceable Community rights by virtue of having resided in another relevant European state as a worker, self employed person, student or self-sufficient person or (in the case of an EEA state) pursuant to the three month right to reside under the Citizenship Directive.2

If you have studied/ and or worked in the EU including Ireland and France, and you have exercised your free-movement rights under the Citizenship Directive (Directive 2004/38/EC).

In addition, Regulation 9 of the Immigration (European Economic Area) Regulations 2006, which governs the rights of EU migrant citizens in the UK, treats UK nationals as EU migrants, if they have previously exercised Treaty rights in another Member State. We argue that by analogy, you should be treated as an EU migrant who has been exercising free-movement rights for the purposes of recognition of your qualifications.

We can help with EC Rights Applications and Disciplinary Problems with:

Architects Registration Board (ARB)

Nursing and Midwifery Council

Royal College of Nursing

Royal Pharmaceutical Society

Royal College of Veterinary Surgeons

Complex procedures

This is a reminder of the complexity of the contractual disciplinary procedures that apply to employment in many parts of the public sector, not only the NHS, and the potential legal consequences if they are not followed properly. In light of failures by the trust to follow the applicable contractual procedures, Dr Mezey was twice successful in obtaining an injunction relief from the Court of Appeal: first in relation to her suspension, and second in relation to the continuation of internal disciplinary proceedings.

This case, like recent cases examining if and when employees are entitled to legal representation in disciplinary proceedings, illustrates how careful public sector employers need to be in disciplinary cases.

We can turn this to your advantage. You are not alone.

We specialise in applications for entry to the specialist registrar, and registration appeals and appearances before registration appeal panels. Our expertise includes plastic surgery, general surgery, opposition from the Royal College of Surgeons and demonstrating skill equivalence.

We can help with speciality specific guidance and in relation to PMETB (as it was).

We can advise you in relation to the requirements of good clinical care, maintaining medical practice, teaching, training, appraising and assessing, preparation for a successful application or if refused appeal.

We can help you with both written and oral appeals.

We offer highly competitive fixed fees and expert advice.

GMC docs for download

We can help – Consult the experts – Call us on 020 7381 8111  or email law@hylton-potts.com and see how we can help you defend your case concerning the General Medical Council laws.

We are not doctors, but know that the impact of our legal work can be as important and life changing as that of a surgeon.

We are informal and approachable, but deadly serious about helping you, just like a top surgeon.

Contact the team of medico-legal advisers, on the Free Legal Helpline number 020 7381 8111 or email law@hylton-potts.com

PLAB stands for Professional and Linguistics Assessment Board – (PLAB)

We can advise on exemption from the PLAB test

See gmc-uk.org/EC_rights_factsheet.pdf_30369467.pdf for possible exemptions.

National Foundation Programme

If you need advice on National Foundation Programme applications, refusals or appeals, you have come to the right place.

We can help – Consult the experts – Call us on 020 7381 8111  or email law@hylton-potts.com and see how we can help you defend your case concerning the General Medical Council laws.

If you have a problem over an examination or qualification we can help – Consult the experts – Call us on 020 7381 8111  or email law@hylton-potts.com and see how we can help you defend your case concerning the General Medical Council laws.

The Nursing and Midwifery Council (NMC)

The NMC is the regulator for nurses and midwives in the UK, maintain a register of all of the nurses and midwives in the UK and decide who are able to call themselves a registered nurse or midwife.

They set requirements for nurses and midwives and we take firm action where those requirements have not been met. They can remove a nurse or midwife from our register or

Hylton- Potts are experts on their Fitness to Practise Rules.

If you have a problem with the NMC consult the experts, on the Free Legal Helpline number 020 7381 8111 or email law@hylton-potts.com

Challenging Exam Results

A disappointing result/grade or failure is not the end of the road.  Expert advice and the law can help you.

Examining bodies have duties. We operate highly competitive fixed fees. We are particularly experienced in the Royal College of Surgeons examinations.

Contact us by phone or email for a free expert opinion.

We can help with the Objective Structured Clinical Examination (OSCE ) a clinical skill performance and competence in skills such as communicationclinical examination, medical procedures / prescription, exercise prescription, joint mobilisation / manipulation techniques, radiographic positioning, radiographic image evaluation and interpretation of results. If you feel that you have been wrongly marked, we can advise and draft presentations for £495 including VAT

We can help with a legal complaint following failure to pass the overseas registration examination (ORE) or the  Objective Structured Clinical Examination (OSCE)  set by the GDC, for a fixed fee of £495 including VAT.

We can also help with a legal review following failure to pass the Professional Linguistics Assessment Board (PLAB)  set by the GMC, for a fixed fee of £950 including taxes.

Investigations

If your school, academy, college or workplace needs an independent investigation to assist you in getting at the facts, quickly inexpensively and in a no nonsense clear fashion look no further.

Consult the experts.

For more information telephone 020- 7381- 8111 or email law@hylton-potts.com

UKFPO

We can also help with problems before the The Health and Care Professions Council (HCPC) and are experts at helping social workers and other health professionals, such as members of the British Psychological Society.

We are experts in dealing with problems and appeals with UKFPO, (United Kingdom Foundation Program Office) and have an excellent track of success.

We can advise and handle appeals from a refusal by the UKFPO to award eligibility to apply a Foundation Programme. through the National application process. We can do this for a fixed fee of £1495 including VAT

IRISH REGISTRATION FOR DOCTORS

We can help with applications to the Medical Council of Ireland for registration,  including those based on EC rights, and disciplinary problems.

www.medicalcouncil.ie

IRISH REGISTRATION FOR DENTISTS

We can help with applications to the General Dental Counsel for registration, including those based on EC rights, and disciplinary problems.

www.dentalcouncil.ie

SCOTTISH REGISTRATION FOR DOCTORS AND DENTISTS

We can help with applications to the General Medical Council and General Dental Council in Scotland, for registration, including those based on EC rights, and disciplinary problems.