# The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019, Paragraph 51: Qualifications begun before IP completion day – extended period for applications under the Swiss citizens’ rights agreement


(1) This paragraph applies in relation to a qualifying applicant.
(2) In this paragraph, a “qualifying applicant” means an individual who—
(a) is a national of the United Kingdom or Switzerland, or a third country national who was, immediately before IP completion day, by virtue of any enforceable EU right entitled to be treated no less favourably than a national of either state, for the purposes of access to and pursuit of a regulated profession;
(b) wishes to access and pursue a regulated profession in the United Kingdom on a permanent basis, whether in an employed or self-employed capacity;
(c) has obtained a relevant qualification;
(d) if that relevant qualification was obtained in a third country, has three years’ professional experience in the profession concerned in the territory of Switzerland and certified by a competent authority in Switzerland; and
(e) if that relevant qualification is a professional qualification obtained in an EEA State, is legally established in Switzerland, unless the individual is a Swiss national.
(3) In this paragraph, “relevant qualification” means —
(a) a professional qualification obtained in an EEA State or Switzerland before IP completion day;
(b) a professional qualification started in an EEA State or Switzerland before IP completion day but completed after IP completion day;
(c) a third country professional qualification recognised by a competent authority in Switzerland pursuant to Article 2(2) of Directive 2005/36/EC before IP completion day;
(d) a third country professional qualification for which an application for recognition pursuant to Article 2(2) of Directive 2005/36/EC has been submitted to a competent authority in Switzerland before IP completion day, where that application is successful after IP completion day.
(4) In this paragraph—
“Directive 2005/36/EC” means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as it had effect immediately before IP completion day;
“competent authority”, “professional qualification” and “third country” have the meanings in regulation 2(1) of the 2007 Regulations as they had effect immediately before IP completion day.
(5) Where a qualifying applicant makes an application to a competent authority for recognition of a relevant qualification before the end of the period of four years beginning with IP completion day, the provisions of the 2007 Regulations continue to apply on and after IP completion day as those Regulations had effect immediately before IP completion day, but subject to the modifications specified in sub-paragraph (6), in relation to—
(a) the application concerned; and
(b) any appeal under regulation 36 of the 2007 Regulations against a decision made under regulation 34 in relation to that application.
(6) The modifications to the 2007 Regulations are as follows—
(a) the United Kingdom is to be treated as falling within the definition of “relevant European State” in regulation 2(1);
(b) regulation 5 is to be read as if—
(i) in paragraph (5), for “another relevant European State which regulates that profession” there were substituted “Switzerland”;
(ii) for paragraph (7), there were substituted—
“(7) A competent authority must provide applicants with all information about the requirements, procedures and formalities they need to complete to gain access to and pursue their regulated professions.”;
(c) in regulation 6(4), the definition of “applicant” is to be read as meaning a qualifying applicant as defined in sub-paragraph (2) of this paragraph.

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Source: https://www.legislation.gov.uk/uksi/2019/312/schedule/1/paragraph/51 (the official version)
Page: https://openlegislation.uk/recognition-of-professional-qualifications-amendment-etc-eu-exit-regulations-2019/schedule-1/paragraph-51
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.