Quick Question!

[Majeztic]

Does a family member of a EU citizen with a RC for family members have EC rights?? and If not how can one obtain this EC right??

[Ben]

Does a family member of a EU citizen with a RC for family members have EC rights?? and If not how can one obtain this EC right??

What do you mean by do they have "EC rights"?

Why not ask the question you're really asking?

[Majeztic]

this is a reply I got today from GMC in UK:

Thank you for your email of 3 September 2009.



If you believe you benefit from an EC right, we strongly advise you to seek professional advice from a lawyer specialising in rights for nationals of European states and those with an enforceable Community right. We cannot advise you and it is your responsibility to demonstrate to us that you have such a right.

Under certain circumstances "exempt persons" can benefit from the provisions of the Medical Act but you should be aware that this is an extremely complex area.
If you have any other queries please contact us again and we will do our best to help.




Yours sincerely

[Obie]

Are you seeking to access to health care or to register as a Professional doctor.

What was you query about, that led to the response you received?

[Majeztic]

Yes,I seeked to register at the general medical council in the uk,

[Obie]

Article 2
Scope
1. This Directive shall apply to all nationals of a Member
State wishing to pursue a regulated profession in a Member
State, including those belonging to the liberal professions,
other than that in which they obtained their professional qualifications,
on either a self-employed or employed basis.

Whiles directive 2004/38EC states:

Article 24
Equal treatment
1. Subject to such specific provisions as are expressly
provided for in the Treaty and secondary law, all Union citizens
residing on the basis of this Directive in the territory of the
host Member State shall enjoy equal treatment with the
nationals of that Member State within the scope of the Treaty.
The benefit of this right shall be extended to family members
who are not nationals of a Member State and who have the
right of residence or permanent residence.

I suspect your situation is not within the scope of the later quoted directive, therefore i suspect you will have to fight a little bit to have you qualifications recognised and secure registration.

If however, you qualification was obtained from a member state, the possibility of you getting registered is quite high.

Perhaps you should consider contacting SOLVIT UK for further assistant, should you effort at convincing them prove futile.

[Majeztic]

actually i have qualified from a member state,i am currently working germany as a Doctor,I had no problems whatsoever obtaining a work permit plus registering here,but i dont know whats the problem with the UK.And i told them this already and they know.

[Obie]

I will suggest you contact SOLVIT using the link i provided above.

They should be able to get the matter clarified for you.

[Majeztic]

thanks obie for ur advice,i have contacted them,i will see what they say.

[Majeztic]

This what I got from Solvit:

Good morning

We do not provide advice on EU law, and the GMC would not provide you with immigration advice, but I shall give you a little information.

As the non EU spouse of an EU national you have the right to reside and to work in the Member State where your wife is legally resident, as your rights derive from the right of your wife to reside with her family members you would have no right to reside and work in the UK if your wife was not legally resident in the UK.

Your wife can be legally resident if she is dependent on you and your income, she has to demonstrate that she is employed, self employed or self sufficient and able to support herself, which she can demonstrate if she is dependent on you financially.

If you have questions about your immigration status, then you should seek advice from the Home Office or from an immigration adviser. If you have questions about your eligibility under the professional qualification legislation, you can obtain clarification of your EU rights from the German regulatory body, although there is guidance also available on the GMC website.

Christine Korcz
UK SOLVIT Centre
Direct line: 020 7215 2833

[Ben]

This what I got from Solvit:

..

This is correct. The nutshell is, if your EU national family member is lawfully resident in the UK, you have the right to live and work there too. If not, you don't.

[Majeztic]

Does this apply only for the UK or for all other member states e,g Norway,sweden etc...

[Ben]

Does this apply only for the UK or for all other member states e,g Norway,sweden etc...

Directive 2004/38/EC applies to all Member States of the EU, the EEA and Switzerland (by association).

[86ti]

Directive 2004/38/EC applies to all Member States of the EU, the EEA and Switzerland (by association).

Actually, it doesn't apply to Switzerland. They have a separate bilateral agreement concerning the free movement with the EU. Mostly, but not completely the same. For instance, Switzerland doesn't (can't) accept residence cards as visa ersatz as it is not mentioned in this agreement. There are some other minor points. We have discussed this in some other thread earlier.

[Obie]

The way is see things is this. OP is unable to register as a Professional in the UK, because the GMC are not satisfied he is covered under the directive that covers professional qualification. This does not seem to have anything to do with the freedom of movement act neither do i think directive 2004/38EC supersedes that directive. It specifically state national of a member state.

My point of contention is this- if your qualification was obtained from a member state and you benefit from freedom of movement, then surely they should exempt you from the fact that the scope of the directive is for Union citizens and not their family member.

Lots of community workers encounter problems with member states reluctance to recognise their qualification, and SOLVIT have been able to resolve these matters in a timely and satisfactory manner. I am therefore stunned at their reluctance to proceed with it on this occasion.

I think you EEA family member should proceed with complaining at the SOLVIT branch of the country she was originally residing or a citizen of. They would be able to solve it with UK SOLVIT, surely.

That matter is certainly within the remit of SOLVIT.