Applying for registration when you hold EU community rights

This page gives those EEA nationals and others an indication of whether they are eligible for GCC registration.

To gain registration for the GCC on the basis of your practise in another EU member state, you must be able to show that:

  1. You hold exempt person status; and

  2. Your chiropractic qualification is eligible for recognition by the GCC. You can find out about this here.

Please note that this guidance is not legal advice. This is a complex and developing area of law and if you have any questions about your rights under European law, please consult an appropriately qualified lawyer. This GCC is not able to give legal advice. 

Exempt person status

If an EEA/ Swiss national or family member is entitled to live and work in any EEA state or Switzerland, we say that he or she has ‘exempt person status’. The rules that state the groups of people who have exempt person status is EU Directive 2004/38/EC.

Important: Even if you have a right to live and work in the UK under Directive 2004/38/EC, you do not automatically have a right to call yourself a chiropractor in the UK. This is because recognition of qualifications is covered by a different EU directive (Directive 2005/36/EC). Further information about this is given here.

This means, if you can show to us that you have exempt person status, you will still need to show you are eligible for registration with the GCC because you practise as a chiropractor in another EEA state or Switzerland.

What is Directive 2004/38/EC?

The rights of all EU citizens and their family members, to move and live freely in a member state, not the state of which they are a national, is set out in Directive 2004/38/EC.

How do I know if I have exempt person status?

The following list gives details for those who may qualify as an exempt person. You can read more information about these groups further down this page. This includes:

  • the circumstances under which applicants to the GCC are entitled to be treated as exempt persons

  • suggested documents to show exemption.

Important: this is not an exhaustive list and the responsibility lies with you to provide sufficient evidence to the GCC to prove your entitlement.

To qualify, a chiropractor must either 

  • a national of an EEA state or Switzerland (other than the United Kingdom)

  • a national of the United Kingdom who is seeking access to, or is pursuing, the profession by virtue of an enforceable community right; or

  • a person who is not a national of an EEA state or Switzerland, but who can be treated no less favourably than a national of a EU state for the purposes of access to and pursuit of the profession, because he or she has an enforceable community right.

 

I am a national of an EEA State or Switzerland (other than the United Kingdom)

Am I an exempt person?

If you are a national of an EEA member state or Switzerland, you are likely to be an exempt person.

What documents must I send?

If you are a national of an EEA state or Switzerland you will need to send us a certified copy of a valid national identity card or passport issued by an EEA state or Switzerland.

 

I am a UK national

Am I an exempt person?

If you are a UK national, you will only qualify as an exempt person if you can show that you are seeking access to the chiropractic profession because you have an enforceable Community right.

What documents must I send?

To show that you are an exempt person you will need to send us documentary evidence that you are residing in another EEA state or in Switzerland (or were residing before returning to the UK) as either a worker, as self-employed person, as a student, as a self-sufficient person, or because of the three month right to reside under Directive 2004/38/EC.

Evidence can include:-
  • a certified copy of your UK passport

and either
  • a registration certificate or residence card issued by another EEA state or Switzerland proving your residence in that state for at least three consecutive months; or

  • evidence of employment, self-employment, study, or 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.

Important: If the have EU community rights because the person you get those rights from is a UK national, then you will also need to send us evidence of his or her exempt person status.

 

I am not an EEA or Swiss national

Am I an exempt person?

If you are not an EEA/ Swiss national you will only qualify as an exempt person if you can show us that you have enforceable community rights, which entitle you to be treated no less favourably than an EEA/ Swiss national.

To do this you will need to send us documentary evidence that you fall within one of the following groups:

a) You are either:
  • the spouse or registered partner of an EEA/Swiss national, or

  • 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

  • an extended family member of an EEA/Swiss national (as defined in the Immigration (European Economic Area) Regulations 2006)

or

b) You are a person previously falling into one of the groups in (a) 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 (these conditions are described in Articles 12 - 13 of Directive 2004/38/EC).


What documents must I send?

In order to show that you fall within one of the group above, you will need to send us documents to prove your entitlement to be treated as holding Exempt Person Status. This will depend on your relationship with the EEA/Swiss national from whom you get your rights.

It is your responsibility to obtain relevant documents from the appropriate bodies in another EEA state or Switzerland.

Important: If you derive your rights from a UK national, you will also need to send us evidence of his or her exempt person status.


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