GMC Registration EC Rights

[mamalik80]

Hi All,
I wonder if anyone has got answer to this question on the immigration board or if someone has been faced with this situation.

I am a British National married to non EEA national who is a doctor. I was working (self-employed) in an another EU country last year for a period of over three months and my wife also accompanied me but not for more than three months. We came back together. Whist I was self-employed in another EEA state I got myself registered with local municipal and then also got residence documents both for myself and my wife. I also got my daughter registered with local municipal who is also British national.
My wife was with me so we applied for residence card and got that residence card. My wife also has ILR and will be British in a month or so.
On our return we applied to GMC for provisional registration under EC rights which got refused due to the fact that my wife visit to this EEA state was transitory plus was not over three months. When we applied to GMC we provided them with below documents (Spanish Documents translated in English)
1) Registration Documents both me and my wife
2) Permanent residence card of my wife issued by Spain
3) Utility receipts
4) Tenancy Agreement around 6 months
5) Accountant Letter confirming my self-employment of nearly 6 months
6) House Bills. Gas / Electric / Water
7) Travel Tickets
8) Bank Statements
9) Tax Documents
All this evidence submitted and GMC still failed to recognise my wife’s ec rights. Then I went to SOLVIT and My advice Europe and both said that my wife benefits from EC rights.
I went back to GMC who are adamant that she does not. Referred to Surrinder Singh ruling and many other likes from UKBA / General Dental Council etc that my wife derives her EC rights from myself and herself does not need to exercise any rights. Just to make case stronger she has also got Spanish residence card. GMC still failed to recognise her EC rights etc. Totally outrageous by GMC.
I went back to GMC to ask for appeal and there is no appeal for this situation as they have not refused the registration.
She has passed her FY1 and now has a Job in NHS but does not hold a registration and is doing the IELTS. She passed her clinical assessment has had IELTS passed with equivalent GMC score but expired etc etc. She has although failed PLAB due to mitigation circumstances.

Now before my wife gets her British Passport I was thinking is there any last thing I can do to make it worthwhile also GMC have said they are asking for “exercise by a UK national's spouse of an enforceable Community right within the UK” what document can I get from UKBA in relation to that without effecting her British Nationality Application.

Any advice would be great on this.

Regards
Ali

[EUsmileWEallsmile]

Your wife could apply for a UK residence card. This would show “exercise by a UK national's spouse of an enforceable Community right within the UK”.

[mamalik80]

Yes, I have thought about that but that takes nearly six months and her application for british citizenship (neutralization) is with UKBA. Would it not have any effect on that.

[mamalik80]

Just been on the phone with UKBA Liverpool regarding the residence card and unfortunately she can not have that as per them because she is not under immigration control in UK. She has a Residence Permit Stamp (ILR) on her passport and as per them that is sufficient enough to prove her right of residence.

GMC totally baffle me. I cant believe this. I have given them everything which proves my wife's existence of EC rights but they are saying that my wife only stayed with me for two months and that is transitory period, but surely non-EEA national family members can not exercise EC rights they derive those from EEA national in this case me being british national who has worked in another member state for over five months and during some of that period my wife was with me and also she got her permanent residece card issued by another member state.

[EUsmileWEallsmile]

It does seem to be a bit of a nonsense. As I understand matters IRL and RC can both co-exist.

[mamalik80]

I know it is total nonsence from GMC. This is what they said about residence card for my wife.

"However, it is not in itself proof of actual residence. And what we are talking about here is the exercise by a UK national's spouse of an enforceable Community right within the UK. The circumstances in which nationals of a relevant European state benefit from enforceable Community rights within their home state are very limited (the focus of the legislation is on facilitating movement from one member state to another). And, as we have explained, we do not consider those limited circumstances apply in this case."

I am not sure what kind of document I can get from UKBA as I can not do any of the EEA 1,2,3,4 forms plus with my wife she has ILR so that should be good enough.

I was thinking if I could get something from SOLVIT UK etc not sure. I really want this to work cos its just insane excuse from GMC part.

[JayB]

I'm not sure if you've managed to resolve your problem. If you haven't, then have you tried speaking to a lawyer and submitting a legal letter specifying the clauses of the Medical Act under which your wife is an "exempt person" and can benefit from your EC rights?

[cradley_h]

Hi
I'm in a similar situation, was wondering whether you got your situation resolved or not.


Regards
H

[Assingh55555]

Hi
I'm in a similar situation, was wondering whether you got your situation resolved or not.


Regards
H

Hi
Were you able to secure a registration ?
Need your help

Regards
Assingh

[noajthan]

Pointless resurrecting such aged topics.
Member in question last visited forum almost 3.5 years ago.