EU rights for family members of EEA in the UK

[toabetterchange]

I hope you can solve my question in regards with European Directives rights especially Directive 2005/36 : recognition of qualifications

Do you think that family members of EEA national have the same rights in all the Directives( the ones they can benefit)?

Lets say, your(EEA studies) are not recognised, you can have the opportunity of compensation measures ( an aptitude test or adaptation period) in order to be recognised later.

But the question is: should you(family member of EAA) be treated as an EEA as well and have the chance to these measures in case they dont recognise your third national diploma?


Thanks in advance for any idea

[John]

I am not sure I recognise a problem. If the EEA national is studying in the UK then their family members are also entitled to exercise Treaty Rights in the UK.

There is nothing in the Directive about what they need to be studying for, but it does need to be proper study.

[Directive/2004/38/EC]

Do you think that family members of EEA national have the same rights in all the Directives( the ones they can benefit)

Same rights as who?

[toabetterchange]

Do you think that family members of EEA national have the same rights in all the Directives( the ones they can benefit)

Same rights as who?

Same rights as the EEA partner( or as EEA qualified professional).

In a paragragh of the Directive says:

The aptitude test must take account of the fact that the
applicant is a qualified professional in the home Member
State or the Member State from which he comes.

Do you think that the Directive only applies to EEA national that are qualified in the home member/ member state where he/she comes?, what about the family member that are not qualified within the EU? do they have the same right as the EEA ? in this case, right for the aptitude test?

aptitude test’: a test limited to the professional knowledge
of the applicant, made by the competent authorities of the
host Member State with the aim of assessing the ability of
the applicant to pursue a regulated profession in that
Member State



I hope you understand my problem

[Directive/2004/38/EC]

In general the non-EU family member has the same right as the EU citizen. (Assuming the EU citizen is residing legally in the host member state). So yes, the family member can do an aptitude test.

[mcovet]

if your qualification is not from another eu country, i dont see how this directive applies to you, dont confuse the free movement directive with this one.

Do you think that family members of EEA national have the same rights in all the Directives( the ones they can benefit)

Same rights as who?

Same rights as the EEA partner( or as EEA qualified professional).

In a paragragh of the Directive says:

The aptitude test must take account of the fact that the
applicant is a qualified professional in the home Member
State or the Member State from which he comes.

Do you think that the Directive only applies to EEA national that are qualified in the home member/ member state where he/she comes?, what about the family member that are not qualified within the EU? do they have the same right as the EEA ? in this case, right for the aptitude test?

aptitude test’: a test limited to the professional knowledge
of the applicant, made by the competent authorities of the
host Member State with the aim of assessing the ability of
the applicant to pursue a regulated profession in that
Member State



I hope you understand my problem

[toabetterchange]

In general the non-EU family member has the same right as the EU citizen. (Assuming the EU citizen is residing legally in the host member state). So yes, the family member can do an aptitude test.

Thanks Directive for your answer, do you know how could I get confirmation of this kind of rights from these Directive?

[Directive/2004/38/EC]

There is a process whereby any EU citizen (or their family member) gets their qualifications (from outside the EU) recognized by AN INITIAL member state. And then that INITIAL RECOGNITION is recognized (for EU and their family) in OTHER member states.

[Directive/2004/38/EC]

In general the non-EU family member has the same right as the EU citizen. (Assuming the EU citizen is residing legally in the host member state). So yes, the family member can do an aptitude test.

Thanks Directive for your answer, do you know how could I get confirmation of this kind of rights from these Directive?

Please expand your question so I understand what you are asking!

[mcovet]

i think OP means a degree/profession recognised in a 3rd country and then as an eea family member he wants the same being recognised in EU. There are of course processes of recognising those qualifications regardless of EEA association, but the particular Directive wouldn't apply here, IMHO and without doing deep research.

What qualification do you have and what are the processes of recognising them in the UK with/without EEA association?

[toabetterchange]

I mean, how can I get confirmation of the rights as a family member has with regards to the Directive 2005/36/EC, the right of having an aptitude test if the professional qualification is not recognized by a competent body that regulates the profession in a member state,


I hope you understand...

[toabetterchange]

i think OP means a degree/profession recognised in a 3rd country and then as an eea family member he wants the same being recognised in EU. There are of course processes of recognising those qualifications regardless of EEA association, but the particular Directive wouldn't apply here, IMHO and without doing deep research.

What qualification do you have and what are the processes of recognising them in the UK with/without EEA association?

I am a dentist, the General Dental Council dont do automatic recognition cos I have overseas degree, they require that I can have my qualification carefully assessed and if I miss something that the Directive require for the basic training, the GDC will then make me sit for Examaminations. but now I wonder if I can have this specials rights( compensation measures: aptitude test) as well?

[toabetterchange]

somewhere in the Directive says: The aptitude test must take account of the fact that the applicant is a qualified professional in the home Member
State or the Member State from which he comes.

would I be eligible too or only EEA nationals ?

[mcovet]

somewhere in the Directive says: The aptitude test must take account of the fact that the applicant is a qualified professional in the home Member
State or the Member State from which he comes.

would I be eligible too or only EEA nationals ?

You answered your own question, if you had qualified in another Member State, you would qualify, but outside EU countries don't, regardless of your nationality!

Even if an EU national qualified in a third country, his recognition would be governed by internal rules. Having said that, and as Directive suggested above, if another Member State recognises it (i.e. GMC in the UK) then if you went abroad, you would be able to use it there as well via the aptitude test as another Member State (GMC in the UK) had recognised it.

Hope it's clear and hope you get through your process smoothly!

[toabetterchange]

I understand that I cannot be granted automatic recognition but can have individual assessment by the Council even it is from outside EU, but my question; do I have the chance to have the right of a compensation measure like an aptitude test after assessment ?

So what are the rights for family members if they want to work?


Directive/2004/38/EC what do you think?

[Directive/2004/38/EC]

Can an EEA citizen have X? Then you can have X, since you are the spouse of an EEA citizen who is with them!

[toabetterchange]

Can an EEA citizen have X? Then you can have X, since you are the spouse of an EEA citizen who is with them!

Directive: do you know who can confirm this/ any rights ? a EU lawyer? an adviser from the Directive? I need the proof

[Directive/2004/38/EC]

Why do you need proof?

Contact http://ec.europa.eu/citizensrights/

[toabetterchange]

Why do you need proof?

Contact http://ec.europa.eu/citizensrights/

I am still awating for Your Europe Advice message, I need a proof cos the GDC said if my qualification assessment is unsucessful I woould not have the right of a compensation measure; aptitude test ( a special rights for EEA nationals) why not me!

[Directive/2004/38/EC]

have you asked them why they believe you are not allowed the "compensation measure"?

[toabetterchange]

have you asked them why they believe you are not allowed the "compensation measure"?

Yes I did, they said so because the Directive says :

The aptitude test must take account of the fact that the
applicant is a qualified professional in the home Member
State or the Member State from which he comes.

[toabetterchange]

Do you believe I would not benefit because of that?

[Directive/2004/38/EC]

Think of yourself as an EU citizen who has studied OUTSIDE of the EU. So how would you fit in then with that quote?

[toabetterchange]

Think of yourself as an EU citizen who has studied OUTSIDE of the EU. So how would you fit in then with that quote?

Sorry Directive, I am trying to understand, if I am asking silly questions, I just wanted to hear opinions about "rights" of family members regardless where they studied, where they are from, etc.


Thank YOU as always

[Directive/2004/38/EC]

Did I help or are you still having troubles understanding?