Questions regarding EU law and GDC registration

[drbuda2005]

Hi everyone!

I have some questions regarding my first registration as a Dentist with GDC(General Dental Council)in the UK,which I really appreciate if you can give me some advises.

I'm from Turkey(Non-Eu)citizen,and my wife is British(have got UK spouse visa),I studied dentistry in Hungary and graduated last September.

when I contacted GDC for registration,they said,even you are graduated from EU country(Hungary)because you are not EU national you can not be registered directly.As my wife is British,and I am family member of British citizen,they advised us to live outside of UK,in another EU country for at least 3 months,to be considered as an EXEMPT PERSON and equivalent to European Citizens(if my partner was any other EU country citizen than British,I could register straight away without these headaches to move and live in other EU country for 3 months!!!).
This link is for people who are considered EXEPMT PERSON by GDC( http://www.gdc-uk.org/dentalprofessiona ... rsons.aspx

Then we moved to Hungary and lived there for three and half months and now we want to come back to the UK.My wife started a course during this period and she has got registration card and resident card,utility bills(Gas,Electricity,Telephone and internet),school certificate,bank statements(shows almost everyday shopping),rental contracts and payments as a proof of living for this period.

When I called GDC,they said you have to show us documentary based which shows your wife is an EXEMPTED PERSON.

Would you please kindly advice me in this matter regarding list of documents you think are necessary and may be enough to show to GDC as proof of living in Hungary,to be considered as an exempt person?


I really appreciate your kind help.


Allen

[Directive/2004/38/EC]

Then we moved to Hungary and lived there for three and half months and now we want to come back to the UK.My wife started a course during this period and she has got registration card and resident card,utility bills(Gas,Electricity,Telephone and internet),school certificate,bank statements(shows almost everyday shopping),rental contracts and payments as a proof of living for this period.

Did she work in Hungary? Paid employment of any sort?

Interestingly the link you provided to GDC provides a more liberal interpretation of the law than UKBA. See highlighted below

I am a UK national - am I an exempt person?

If you are a UK national, you will only qualify as an exempt person if you can demonstrate that you are seeking access to or are pursuing the profession by virtue of an enforceable Community right. In order to demonstrate this, you will need to provide documentary evidence that you are residing in another EEA state or in Switzerland (or were so residing before returning to the UK) as either a worker, as self-employed person, as a student, as a self-sufficient person, or pursuant to the three month right to reside under Directive 2004/38/EC. In order to do so, you are required to provide:-

a certified copy of your UK passport; and
a registration certificate or residence card issued by another EEA state or Switzerland proving your residence in that state for at least three consecutive months; or
evidence of employment, self-employment, study, or self-sufficient residence in another EEA state or Switzerland, or of other residence for no less than three months in another EEA state or Switzerland.
Please note: If the EEA national from who you derive your rights is a UK national, you will also be required to provide evidence of his/her exempt person status (in accordance with the paragraph).

[drbuda2005]

No,she started a course in university for this period!as GDC said she can either work or study or be self sufficient!

[elugray]

No,she started a course in university for this period!as GDC said she can either work or study or be self sufficient!

drbuda2005,
I am also applying for a GDC full registration as an exempt person,the only difference with your case is that i qualified as a dentist from a non eu country all the same i wrote to them a while back with all documentation why i should be registered and i got a registration package sent back to me for more information and that is the stage i am in now trying to get all the requirements together which is quite extensive.
As regards your case i think the only huddle you will be facing is proving that you lived with your spouse outside of UK in europe and are returning back under singh,once you apply for eea2 and you have it at hand the rest is purely acadermics

[drbuda2005]

elugray

Thanks for your comment,would you please PM me,the requirements they asked for?

I have to mention I already have got 2 years UK Spouse visa,and I don't need to live with my spouse to return to the UK under singh.

According what I have understood till now,my wife should provide "document based proofs" as evidences of residing in another EEA(outside UK)to be considered as an exempt person,then I wold be able to drive rights as her spouse.

Now the only thing I am really worry about,is that when I talked with GDC,they said you should send us documentary based evidences,to convince the officer who has no idea about you and your wife,that you have lived in another EU country for at least 3 months.As UK is part of EEA,and on the border British citizens do not get any stamp on their passports,it is not easy to show you were living in another country for whole 3 months.
Now what we could collect as evidences are:Rental contract,payments,gas and electricity and internet bills,Bank statement,school certificate.

Also GDC asked us to provide a covering letter quoting EU Directive 2009/39/EC and EEA family member rights,but unfortunately till now I couldn't find any legal adviser,to help me in this matter.

[Directive/2004/38/EC]

Nice that GDC says that you are covered by the rules even though your wife did not work.

When did you apply for your spouse visa? Before this time in Hungary?

[drbuda2005]

To Directive

According to "If you are a UK national, you will only qualify as an exempt person if you can demonstrate that you are seeking access to or are pursuing the profession by virtue of an enforceable Community right. In order to demonstrate this, you will need to provide documentary evidence that you are residing in another EEA state or in Switzerland (or were so residing before returning to the UK) as either a worker, as self-employed person, as a student, as a self-sufficient person, or pursuant to the three month right to reside under Directive 2004/38/EC." you can be as an exempted,either as a worker or student or even self sufficient person.

I've got my spouse visa 1 year ago and have no problem from that aspect for living and working in the UK.

As I said,the only concern I have is regarding sufficient documents we can provide them as proof of living and also format of a covering letter which has some quotes of the law regarding EC rights and Directive law that support my case.If any one can help in my case,I really appreciate that.

[Directive/2004/38/EC]

I am just making a point of this because your wife was not doing the things required by Singh (i.e. Working). Good news if the GDC does not mind...

[drbuda2005]

Thanks Directive,

Does any one have advises regarding sufficient documents needed as proof of living in other EU country and regarding covering letter format?

Thanks

[EUsmileWEallsmile]

What documentation do you have? Did you apply for a residence certificate perhaps? If not, what other docs support the fact that you lived in another ms together?

[drbuda2005]

Thanks for your comment

My wife started a course during these 3 months. she has got,Rental contract and rental payments, Registration card and Resident card,utility bills (Gas,Electricity,Telephone and internet)contracts and payment receipts,school certificate,bank statements(shows almost everyday shopping),we also asked the officer in the border to stamp date of entering to Hungary and will ask to stamp the passport when we are back to the UK,also some less important documents like monthly tickets of traveling,and library card as proof of living for this period.

[Directive/2004/38/EC]

Do want proof is there that you were in Hungary at the same time?

[drbuda2005]

To Directive:
No they don't need proofs that I lived with her,as she should be considered an exempt person(British national)and I will drive my rights as a family member of her after GDC accepted her as an exempt person.
Even I have proofs that I've live with her most of this period of time,but I am sure it is not needed for them.

[drbuda2005]

Hi,is there any body who could help me to have a sample of covering letter for GDC application?Is it necessary to quote "Directive 2004/38/EC law" in my covering letter,that according to it GDC suppose to register me as an exempt person?

Thankss

[turuturu]

My wife is an European National (British) with a dentist degree from a third country (Venezuela), she has obtained the official recognition of her title in Spain in 2009, "in accordance with the provisions of the Article 2.2 of the directive 2005/36/EC, and also proved more than 3 years professional practice in Spain in accordance with the Article 3.3 of the directive 2005/36/Ec", taken from a official certificate given by the competent authorities in Spain.

article 2.2 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.

Article 3.3 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.
From the articles above:

1- )Can de General Dental Council denied her application, following the Directive 2005/36/Ec ?

2.-) Can her qualification be recognized directly as her degree has been recognized for another European Country, and she has a certificate from the competent body from Spain, stating ” She has been working in Spain for more than 3 years and comply with the Annex V, point 5.3.2 of the Directive on recognition of professional qualifications ?

[Directive/2004/38/EC]

turuturu, please do not post in multiple threads

[turuturu]

[quote="Directive/2004/38/EC"]turuturu, please do not post in multiple threads[/quote]

Ok Sorry

[volverine2]

Hi All,

Does anyone know anybody who was able to successfully get full registration with GDC as an exempt person? Preferably a case where the dentist is a non-EU citizen qualified in a non-EU country, married to an EU citizen (not UK, but I think that doesn't matter too much as long as dentist's spouse is an EU citizen). Similar to elugray's case above.

Thanks!

[Umkholoud]

Hello I'm really happy to find this forum as I'm in need for help and was feeling so alone in this.
I am an Eu ( Netherlands) citizen married to an Eu national (British) who is also resident in Netherlands, and the mother of his daughter who were also born in Netherlands. He has been living here since late 2011 till now and worked here for almost two years.
I am a dentist graduated from a non Eu country, and would like to practice dentistry in uk as my husband is planning to return.
I want to apply for exemption ( I knew about my rights very recently after I have given part one ORE), I really need advice on the documents I need to provide in the first step to support my claim for exemption. Thanking you
As I understood I need to proof his exempt status. The problem is they don't provide EU nationals with a residence card but a stamp on their passport which is written in Dutch. But on the other hand he is registered in the local home office, has an address with all bills, health insurance card, and as I said proof of work for almost two years.
Please advice if I can apply for exemption and wht documents should I provide.. Thanking you

[mirette]

Dear all,

I am writing to enquire about my status an exempt person for GDC registration.

I am a UK national, my BDS is from a non- EU dental school (Egypt)- 2009 .
I have done postgraduate training in the UK - finishing up with a master's degree from Kings College London- 2014.
I have already passed ORE part 1 in 2012 : but I was made aware that there might be a decent chance i would qualify for registration otherwise, if I am exempt.

I would like to apply for registration in the GDC as an exempt person, however the guidance seems a little bit vague according to the website ; if you are a UK national and have lived for 3 consecutive months in an EEA country and can provide proof of that then you are considered exempt, however being exept does not automatically qualify you for registration. I would appreciate some help to clarify a few points before I plan for residence in another EEA country...


1) what kind of documentation/ proof is accepted to prove residence in another EEA country to gain exempt status by virtue of anenforceable community right. ie is proof of rent , bank statements enough...?
2) what are the factors they take into account to accept your registration in the GDC, once you prove you are an exempt person.?
and what are the chances (from anyones experience) based on my circumstances that I would get accepted or rejected..
3) how long does the process normally take to get feedback...?
4) Do I need to contact a solicitor or lawyer to guide with the application...?

Kindly share any similar experiences..

Thank you ,
Amira

[SSALI]

Hi there,
I am a non EU qualified dentist. Did my bachelors degree from Pakistan and been living in this country for sometime now. I have applied for British citizenship recently and soon will receive my passport. I have taken ore exams too but did not pass my part 2. I would like to know if some one can guide me for UK directive 2004/38/EC. And which EU country is suitable in order to pursue some kind of relevant work. Any kind of help in this regard will be really appreciated.
Kind regards,
Salman.
Email: ssali80@hotmail.com

[SSALI]

Hi there,
I am a non EU qualified dentist. Did my bachelors degree from Pakistan and been living in this country for sometime now. I have applied for British citizenship recently and soon will receive my passport. I have taken ore exams too but did not pass my part 2. I would like to know if some one can guide me for UK directive 2004/38/EC. And which EU country is suitable in order to pursue some kind of relevant work. Any kind of help in this regard will be really appreciated.
Kind regards,
Salman.
Email: ssali80@hotmail.com[/quote]

[MP1989]

Hello everyone,

My situation is similar to that of drbuda2005. I am a non eu citizen married to a UK citizen currently living in the UK with my spouse visa. I got my dental degree in Spain, where my husband currently is, doing his last year of studies. I wish to register with the gdc as an exempt person. Will I need to move to Spain for 3 months with my husband or will it be enough that he has been living there since September 2014. Any answer will be greatly appreciated! Thank you!!

[sky222]

Hi drbuda, I am in the same situation as you (with non-eu qualification) but can benefit from EU directives as exempt person. I have contacted GDC but they were not helpful and advised me to ask professional lawyer help , I cannot afford cost of getting a lawyer and really need some advice on the exempt person route of registration. Your help and advice will be much appreciated. Could you please leave your e-mail or any contacts so that I could contact you regarding the process of the application.
Thanks


drbuda2005,
I am also applying for a GDC full registration as an exempt person,the only difference with your case is that i qualified as a dentist from a non eu country all the same i wrote to them a while back with all documentation why i should be registered and i got a registration package sent back to me for more information and that is the stage i am in now trying to get all the requirements together which is quite extensive.
As regards your case i think the only huddle you will be facing is proving that you lived with your spouse outside of UK in europe and are returning back under singh,once you apply for eea2 and you have it at hand the rest is purely acadermics[/quote]

[sky222]

Hi Amira ,
I am in the same situation as you (with non-eu qualification) but can benefit from EU directives as exempt person. I have done the same kind of degree and I think we are in the same boat. I have contacted GDC but they were not helpful and advised me to ask professional lawyer help , I cannot afford cost of getting a lawyer and really need some advice on the exempt person route of registration. Your help and advice will be much appreciated. Could you please leave your e-mail or any contacts so that I could contact you regarding the process of the application.
Thanks