Tweet
Hi,
I am a qualified dentist, having completed my qualification in the UAE, with a university that is recognized and approved by the Royal College of Surgeons in Ireland. I have also completed an internship in the UAE. My nationality is Pakistani, and I am married to a British National.
I have registered initially with the GDC (General Dental Council) in the UK and am trying to obtain exempt person status so that I can actually apply for jobs and practise.
Please see attached the 'Guidance on Exempt Person status.pdf'.
I would be applying through paragraph 3 - I have given paragraph 2 and 3 below as both are relevant as I will explain after the excerpt. The whole document is attached however.
--------------------------------------------------------------------------------------------------------------------------------------
2. A UK national with enforceable EU rights
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 EU right. In order to demonstrate this, you will need to provide the GDC with documentary evidence that:
1) You hold an appropriate European diploma as defined in Schedule 2 to the Act, or hold a qualification which entitles you to be assessed under the General System Regulations(see note1); AND/OR
2) You are (or were) residing in another EEA state or in Switzerland as either a worker, self-employed person, student or self-sufficient person, or pursuant to the three month right to reside under Directive 2004/38/EC; AND/OR
3) You have a different enforceable EU right.
You are required to provide the GDC with:-
• A certified copy of your valid UK passport; and
• Proof of residency (e.g. a registration certificate, tenancy agreement or residence card issued by another EEA state or Switzerland proving your residence in that state for at least three consecutive months) OR proof of the other enforceable EU right (such as qualification) on which you are relying; and (if relevant)
• Either:
o Proof of employment (e.g. a letter from an employer or certificate of employment) or,
o Proof of self-employment (e.g. a set of self-employed accounts or letter from an accountant) or
o Proof of student status (e.g. a letter from the educational establishment attesting to attendance, enrolment or completion of a course), or
o Proof of 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.
3. A non-EEA/non-Swiss national
If you are not a national of an EEA state or Switzerland you will only qualify as an exempt person if you can demonstrate that you are, by virtue of an enforceable EU right, entitled to be treated no less favourably than a national of an EEA state or Switzerland for the purposes of access to and pursuit of the profession of dentistry or a profession complimentary to dentistry. In order to do so, you will need to provide the GDC with documentary evidence that you fall within one of the following categories:-
You are either:
i. the spouse or registered partner of an EEA/Swiss national, or
ii. the direct descendant under the age of 21, dependent, or dependant relative in the ascending line of an EEA/Swiss national or of their spouse or partner, or
iii. an “extended family member” of an EEA/Swiss national (as defined in the Immigration (European Economic Area) Regulations 2006) AND
note1 The European Communities (Recognition of Professional Qualifications) Regulations 2007 (SI 2007/2781)
You are accompanying or joining an EEA/Swiss national who is residing in the UK either as a worker, as a 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.
OR
You are a person previously falling into one of the categories above who has retained their rights under Directive 2004/38/EC rights following the death or departure of the EEA/Swiss 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.
In order to demonstrate to the GDC that you fall within one of the categories above, you will also need to provide the GDC with the relevant documents listed in the Table of Documents at Annex A (attached), depending on your relationship with the EEA/Swiss national from whom you derive your rights. It is your responsibility to obtain the necessary documentation from the appropriate bodies in another EEA state/Switzerland.
Please note: If the EEA national from whom 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 paragraph 2 above).
--------------------------------------------------------------------------------------------------------------------------------------
A. So basically, I would apply under paragraph 3.i as his spouse
B. Then, as per the note stating Please note: If the EEA national from whom 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 paragraph 2 above). I would therefore then need my husband to prove HIS exempt person status
C. Therefore, back to paragraph 2 as that would be his requirement to prove his exempt status. He has recently completed his CIMA qualification and is a Qualified Management Accountant therefore I would think he would meet paragraph 2.1) You hold an appropriate European diploma as defined in Schedule 2 to the Act, or hold a qualification which entitles you to be assessed under the General System Regulations(see note1);
D. Note1 is: note1 The European Communities (Recognition of Professional Qualifications) Regulations 2007 (SI 2007/2781)
The relevant document, i.e. The European Communities (Recognition of Professional Qualifications) Regulations 2007 (SI 2007/2781) is found at https://www.legislation.gov.uk/uksi/.../contents/made
In Schedule 1 there is listed The Chartered Institute of Management Accountants as a body that fulfills this criteria as far as I understand.
Now I previously applied for this exempt person status for myself and my spouse utilising his degree in Mathematics and MSc Accounting & Finance (both completed in the UK) but was told it did not meet the criteria for him being of exempt person status as per 2 1).
However now that he has a CIMA qualification, I am hoping this qualifies him as exempt under 2. 1). I am just seeking advice though as I'm afraid of another rejection and possibly being blacklisted (not officially I wouldn't think, but they may think I'm wasting their time when i'm genuine) in some way for merely trying to get the status I feel I meet.
Trawling through all this is quite headache inducing, and I am really hoping someone can advise and let me know if i've interpreted everything correctly please and should feel confident about applying for this and supplying all the relevant documentation the GDC need.
Thank you to anyone who took the time to read all that, and can advise.
I am a qualified dentist, having completed my qualification in the UAE, with a university that is recognized and approved by the Royal College of Surgeons in Ireland. I have also completed an internship in the UAE. My nationality is Pakistani, and I am married to a British National.
I have registered initially with the GDC (General Dental Council) in the UK and am trying to obtain exempt person status so that I can actually apply for jobs and practise.
Please see attached the 'Guidance on Exempt Person status.pdf'.
I would be applying through paragraph 3 - I have given paragraph 2 and 3 below as both are relevant as I will explain after the excerpt. The whole document is attached however.
--------------------------------------------------------------------------------------------------------------------------------------
2. A UK national with enforceable EU rights
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 EU right. In order to demonstrate this, you will need to provide the GDC with documentary evidence that:
1) You hold an appropriate European diploma as defined in Schedule 2 to the Act, or hold a qualification which entitles you to be assessed under the General System Regulations(see note1); AND/OR
2) You are (or were) residing in another EEA state or in Switzerland as either a worker, self-employed person, student or self-sufficient person, or pursuant to the three month right to reside under Directive 2004/38/EC; AND/OR
3) You have a different enforceable EU right.
You are required to provide the GDC with:-
• A certified copy of your valid UK passport; and
• Proof of residency (e.g. a registration certificate, tenancy agreement or residence card issued by another EEA state or Switzerland proving your residence in that state for at least three consecutive months) OR proof of the other enforceable EU right (such as qualification) on which you are relying; and (if relevant)
• Either:
o Proof of employment (e.g. a letter from an employer or certificate of employment) or,
o Proof of self-employment (e.g. a set of self-employed accounts or letter from an accountant) or
o Proof of student status (e.g. a letter from the educational establishment attesting to attendance, enrolment or completion of a course), or
o Proof of 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.
3. A non-EEA/non-Swiss national
If you are not a national of an EEA state or Switzerland you will only qualify as an exempt person if you can demonstrate that you are, by virtue of an enforceable EU right, entitled to be treated no less favourably than a national of an EEA state or Switzerland for the purposes of access to and pursuit of the profession of dentistry or a profession complimentary to dentistry. In order to do so, you will need to provide the GDC with documentary evidence that you fall within one of the following categories:-
You are either:
i. the spouse or registered partner of an EEA/Swiss national, or
ii. the direct descendant under the age of 21, dependent, or dependant relative in the ascending line of an EEA/Swiss national or of their spouse or partner, or
iii. an “extended family member” of an EEA/Swiss national (as defined in the Immigration (European Economic Area) Regulations 2006) AND
note1 The European Communities (Recognition of Professional Qualifications) Regulations 2007 (SI 2007/2781)
You are accompanying or joining an EEA/Swiss national who is residing in the UK either as a worker, as a 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.
OR
You are a person previously falling into one of the categories above who has retained their rights under Directive 2004/38/EC rights following the death or departure of the EEA/Swiss 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.
In order to demonstrate to the GDC that you fall within one of the categories above, you will also need to provide the GDC with the relevant documents listed in the Table of Documents at Annex A (attached), depending on your relationship with the EEA/Swiss national from whom you derive your rights. It is your responsibility to obtain the necessary documentation from the appropriate bodies in another EEA state/Switzerland.
Please note: If the EEA national from whom 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 paragraph 2 above).
--------------------------------------------------------------------------------------------------------------------------------------
A. So basically, I would apply under paragraph 3.i as his spouse
B. Then, as per the note stating Please note: If the EEA national from whom 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 paragraph 2 above). I would therefore then need my husband to prove HIS exempt person status
C. Therefore, back to paragraph 2 as that would be his requirement to prove his exempt status. He has recently completed his CIMA qualification and is a Qualified Management Accountant therefore I would think he would meet paragraph 2.1) You hold an appropriate European diploma as defined in Schedule 2 to the Act, or hold a qualification which entitles you to be assessed under the General System Regulations(see note1);
D. Note1 is: note1 The European Communities (Recognition of Professional Qualifications) Regulations 2007 (SI 2007/2781)
The relevant document, i.e. The European Communities (Recognition of Professional Qualifications) Regulations 2007 (SI 2007/2781) is found at https://www.legislation.gov.uk/uksi/.../contents/made
In Schedule 1 there is listed The Chartered Institute of Management Accountants as a body that fulfills this criteria as far as I understand.
Now I previously applied for this exempt person status for myself and my spouse utilising his degree in Mathematics and MSc Accounting & Finance (both completed in the UK) but was told it did not meet the criteria for him being of exempt person status as per 2 1).
However now that he has a CIMA qualification, I am hoping this qualifies him as exempt under 2. 1). I am just seeking advice though as I'm afraid of another rejection and possibly being blacklisted (not officially I wouldn't think, but they may think I'm wasting their time when i'm genuine) in some way for merely trying to get the status I feel I meet.
Trawling through all this is quite headache inducing, and I am really hoping someone can advise and let me know if i've interpreted everything correctly please and should feel confident about applying for this and supplying all the relevant documentation the GDC need.
Thank you to anyone who took the time to read all that, and can advise.
Comment