Can an Indian National use EC Rights to Join the GMC?

Question: I qualified as a doctor and worked for 12 months as a medical intern in India. The medical qualification I have is one of those accepted by the GMC. I arrived in the UK in Sep 2011 to take a non-medical masters course. In Feb 2012, I got married, in the UK, to an Austrian national who has been living and studying in the UK since 2000. I have a Home Office issued Residence Card, which gives me right to reside etc, as the Family Member of an EEA National. Can I register with the General Medical Council using EC Rights? Do I need to provide then with any documentation?

Answer: As a legal spouse of an EC Citizen, you sound like you qualify to register with the GMC under their ‘EC Rights’ clause. Directive 1612/68 and the addition to that directive of 2004/68 affords you free movement rights and citizenship rights. This means that you can work in the same way any other EU citizen can. If an EU national does not have to go through a test or additional take and additional qualification to work as a doctor, neither should you. As long as your qualification is indeed one of those recognised by the GMC and you have the normal proof of your qualification, you should be able to register with the GMC. To do so you will definitely need to provide the GMC with a copy of your qualification and your marriage certificate. However, it makes sense to pull together additional documentation as well, such as proof of your work in India, arrival in the UK, visas and proof of residence. Keep them to hand just in case you need them.

It looks like you qualify, but you should still make your application with the help of a legal advisor. The reason for this is that the GMC has a track record of rejecting applications made under EC Rights. They examine all applications in minute detail and will reject for the smallest of reasons. To say they are stringent is an understatement.

Preparing your application with the help of an experienced legal advisor will help you to avoid any pitfalls and get your application approved. At Hylton Potts, we will give you the legal advice you need. We offer this advice and assistance for a competative fixed fee.