Can a Non-EEA National Married to an EU National be added to the GMC under EC fact sheet 3a(ii)?

Question: I am a Nepalese passport holder who qualified as a doctor in a NON-EEA country. My husband is now a British citizen. He became an EC citizen after living in France for 3 months. I have been living in the UK for 3 months and have a 2-year spouse sponsored visa.

Am I eligible to register with the General Medical Council based using the EC rights mentioned in fact sheet 3a (ii)? I believe I can because that document refers to ‘the spouse registered under the law of an EEA state’. However, I am not sure what that statement actually means.

Answer: Whether the GMC will register someone in this situation depends, in part, on whether they recognise that your husband having lived in France for 3 months means that he does indeed benefit from full EC rights. Another factor that could affect their decision is whether you lived in France with him for those three months. Rulings from previous cases that have been taken to the European Court of Justice make this relevant to whether you can register or not.

It is important to realise that the GMC guidelines are complex. The only way to give a definitive answer is to look at the facts of your situation, and do so in detail. GMC guidelines and citizenship rules and regulations are complex, so you need to seek help from a solicitor before proceeding with any application.

Historically, those that apply to be added to the GMC in this way struggle to get their application approved. Applications of this nature are gone through with a fine toothcomb. There are many, many reasons for these kinds of applications to be rejected and even a small issue or doubt about a candidate’s right to register will normally lead to a rejection.  If there is a grey area, the GMC will usually rule against you. Many who work in the industry see this as proof that the GMC prefers all applicants to go through the Professional and Linguistic Assessments Board (PLAB).

To maximise your chances of a successful application you really do need to seek expert legal advice. At Hylton Potts, we can offer that legal advice and do so for a competitive fixed fee.