The European Communities (Recognition of Professional Qualifications) (First General System) Regulations 2005

Right to practise in the United Kingdom

5.—(1) Subject to regulation 6, a designated authority for a regulated profession may not, on grounds of inadequate qualifications, refuse to authorise a migrant to practise the profession on the same conditions as apply to someone who holds the diploma required of native applicants, if—

(a) the migrant holds the diploma required in another relevant State for the practice of a corresponding profession regulated by that State, the diploma having been awarded in a relevant State; or

(b) the migrant produces evidence that he holds formal qualifications which satisfy the requirements of sub-paragraph (2) below and either—

(i) the qualifications were awarded on completion of regulated education and training; or

(ii) the migrant has within the ten years immediately prior to his application pursued a corresponding profession for at least two years full-time (or equivalent duration part-time) in a relevant State in which the profession is not regulated.

(2) Formal qualifications satisfy the requirements of this sub-paragraph if they are:

(a) formal qualifications awarded by a competent authority in a relevant State which—

(i) show that the migrant has successfully completed a post-secondary course of at least three years' duration (or equivalent duration part-time) at a university or an establishment of higher education or an establishment of equivalent level in a relevant State;

(ii) show the migrant has successfully completed any additional professional training required; and

(iii) prepared the migrant for the corresponding profession;

or

(b) formal qualifications awarded by a competent authority in a relevant State on the successful completion of education and training within the relevant State, and recognised by a competent authority in that State as equivalent to the qualifications specified in sub-paragraph (2)(a) of this regulation; provided that notification of such recognition has been duly given in accordance with Article 3(b) of the Directive.