Revocation of general EU system of recognition of overseas qualifications guidance
Updated 30 January 2024
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Introduction
This document provides guidance for regulators and chartered bodies in scope of the European Union (Recognition of Professional Qualifications) Regulations 2015 (“the 2015 Regulations”) on the revocation of these regulations.
The 2015 Regulations were EU-derived rules that established a general requirement on regulators and chartered bodies in scope of these regulations to recognise qualifications of equivalent standard obtained in the European Economic Area (EEA)[footnote 1] and Switzerland.
This guidance should be read in conjunction with the legislation detailed in Annex I, as well as guidance on implementing the recognition of professional qualifications provisions (RPQ) of the UK’s free trade agreement with Norway, Iceland and Liechtenstein, which came into force at the same time the 2015 Regulations were revoked.
This guidance does not include information about the impact of revocation of the 2015 Regulations on individual professions. For further details not covered within this guidance, you should check profession-specific information provided on relevant GOV.UK pages or by the devolved administrations, or get in touch with relevant government departments.
Summary
The UK revoked the interim EU-derived system for RPQ contained within the 2015 Regulations under section 5(1) of the Professional Qualifications Act 2022 (PQ Act) on 1 December 2023.
In summary, the changes to regulator activity after revocation of the 2015 Regulations are:
- regulators of professions, which are regulated by law, are no longer be required to have systems in place to recognise EEA professional qualifications. Regulators now have the legal powers to determine their own routes to recognition of their professions, unless sectoral legislation or international agreements applies that has specific requirements for recognition of EEA professionals.
- for example, regulators will now need processes in place to recognise comparable qualifications obtained in Norway, Iceland and Liechtenstein under the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (if in scope of the regulations)
- regulators of professions subject to industry-led regulation (chartered professions) are no longer to be required to have systems in place to recognise EU professional qualifications. They are free to maintain recognition pathways of their own choosing for professional qualifications gained from overseas countries
- regulators and chartered bodies should continue to:
- uphold recognition decisions or determine applications from EEA and Swiss professionals applying to have their qualifications recognised made on or before 1 December 2023
- maintain their arrangements for Swiss professionals in scope of the Swiss Citizens’ Rights Agreement (Swiss CRA) seeking recognition of their qualifications until 1 January 2025 and until 1 January 2026 in respect of temporary service provision
- consider having recognition routes in place for Irish professionals to ensure the UK is upholding its Common Travel Area (CTA) commitments
Further details on these requirements are detailed below.
Background
While the UK was a member of the EU, its system for RPQ was underpinned by EU law contained in the 2015 Regulations. It established a ‘general system’ system’ that enabled EEA and Swiss nationals to have their professional qualifications recognised in the UK and vice versa.
Following the UK’s exit from the EU, a temporary system for recognition of EEA and Swiss qualifications in the UK was put in place, as well as implementing the RPQ terms of the EU Withdrawal Agreement, the EEA European Free Trade Association (EFTA) Separation Agreement and the Swiss CRA. Further details on the applicable legislation for this system are in Annex I.
The Professional Qualifications Act 2022 (‘PQ Act’) received Royal Assent on 28 April 2022. The powers in the PQ Act apply to professions regulated by law. Section 5(1) of the Act created a power for the UK government to revoke this temporary system for RPQ.
The Revocation of the 2015 Regulations
The UK government commenced the provisions of section 5(1) of the PQ Act on 1 December 2023. The Professional Qualifications Act 2022 (Commencement No. 3 and Savings and Transitional Provisions) Regulations 2023 (“the Commencement Regulations”) revoked the 2015 Regulations, subject to transitional and savings provisions.
The revocation of the 2015 Regulations removed the general requirement on regulators and chartered bodies who were in scope of the 2015 Regulations to have systems in place to recognise EEA and Swiss professional qualifications.
Regulators listed in Schedule 1 of the 2015 Regulations, will need to take note of the changes detailed in this guidance. Certain professions (such as Healthcare and Social Care professions, Veterinary Surgeons, Architects, Farriers, Statutory Auditors and Lawyers) are outside the scope of these regulations, and therefore the changes detailed in this guidance shall not affect them.
Professions regulated by law
Professions regulated by law are no longer be required to have general processes in place to recognise professional qualifications obtained from the EEA. Regulators now have the legal powers to determine their own routes to recognition for their professions based on their sectoral needs and taking a new approach to recognising qualifications attained across the world rather than providing preferred status to qualifications attained in the EU.
Regulators should consider whether their current recognition routes are sufficient to address workforce and skills shortages in their professions. Where such shortages exist, powers contained within sections 1 and 2 of the PQ Act can be used to give regulators the legal basis to put in place processes to assess qualifications and experience of overseas professionals to meet unmet demand.
When considering any new approaches to recognising professional qualifications, regulators should consider:
- if there are any sector-specific legislative requirements in place for RPQ that apply after the 2015 Regulations were revoked. Where such legal requirements exist, regulators should ensure they compliant with those regulations. For example, healthcare regulators will still need to follow the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations (2019/593) when recognising EU professional qualifications
- if there are any international RPQ agreements the UK is party to which applies to regulators, such as implementing the RPQ terms of the UK’s free trade agreement with Norway, Iceland and Liechtenstein
- if there are any recognition agreements in place relating to RPQ that regulators are party to and must comply with
Professions subject to industry-led regulations
Professions which are subject to industry-led regulation, such as those which grant chartered status (for example engineers and accountants), that were in scope of the 2015 Regulations are affected differently by the revocation of these regulations to professions regulated by law.
As of 1 December 2023, regulators of these professions are not subject to any legal requirements requiring them to have general systems in place to recognise qualifications gained by EEA professionals. They are free to review and establish their own recognition routes for overseas professional wishing to work in the UK, subject to their own governing rules and any recognition agreements they may be party to.
Continued obligations on regulators and chartered bodies to uphold the UK’s international RPQ commitments
The UK has made international RPQ commitments that apply to some professionals seeking recognition in the UK. These include measures set out in the EU Withdrawal Agreement, the EEA EFTA Separation Agreement, the Swiss CRA and the CTA.
To fulfil these commitments and ensure continuity for professionals already practising in the UK, regulators and chartered bodies will need to continue to:
- recognise applications for recognition made by professionals who hold EEA or Swiss professional qualifications made before 1 December 2023
- accept and determine applications from Swiss professionals in scope of the Swiss CRA after 1 December 2023 until 1 January 2025
- have routes to recognition for Irish professionals, in accordance with applicable legislation
Recognition of EEA and Swiss Professional Qualifications before 1 December 2023
Regulators and chartered bodies should ensure that their systems and processes in place continue to uphold recognition decisions made or determine applications from professionals holding EEA and Swiss professional qualifications applying to have their qualifications recognised made on or before 1 December 2023.
Provisions for Swiss nationals
International RPQ arrangements agreed in the Swiss CRA continue to apply following the revocation of the 2015 Regulations. Regulators and chartered bodies who regulate professions that were in scope of the Professional Qualifications Directive (EU Directive 2005/36/EC) will need to continue their current arrangements for Swiss professionals until the CRA expires at the end of 2024.
Regulators and chartered bodies would need to apply these arrangements for Swiss nationals, as well as nationals established in Switzerland or who have Swiss qualifications (and family members of either who have EU enforceable rights), who had obtained or started obtaining their qualification before 1 January 2021.
Where applicants satisfy the above requirements, and the profession is in scope of the Swiss CRA, regulators should ensure that they continue to accept and determine applications from these professionals until 1 January 2025 in line with their current processes.
Additionally, Swiss service providers with service contracts (to provide services in a regulated profession in the United Kingdom) entered into and performance begun before 1 January 2021, can continue to provide temporary and occasional services in accordance with their contracts up until 1 January 2026.
Under the UK-Switzerland Recognition of Professional Qualifications Agreement there will be new recognition routes for Swiss professionals once this Agreement is implemented into domestic law.
The EU and the CTA with Ireland
The CTA is a long-standing arrangement between the UK and Ireland. Under the CTA, British and Irish citizens can move freely and reside in either jurisdiction and the UK government and the government of Ireland have committed to maintaining the associated rights and privileges of British and Irish citizens. This includes having measures in place to recognise professional qualifications of citizens from these respective states within their jurisdictions, in accordance with their national laws.
To uphold the CTA, regulators in scope of the 2015 Regulations should ensure routes for recognition are in place for specified Irish professionals, in accordance with any applicable legislation. Where any circumstances have been identified that prevent the recognition of Irish qualifications, regulators and chartered bodies should contact the Regulated Professions Policy Team in the Department for Business and Trade.
Specific savings provisions have been incorporated into Part 2 to the Schedule of the Commencement Regulations for Driving Instructors, Motorcycle Instructors, Road Work Operatives and Road Work Supervisors. This maintains the application of the 2015 Regulations to ensure Irish professionals continue to have a route to recognition for these professions.
Regulated Professions Register
For professions where there are changes after 1 December 2023 in how qualifications issued in the EEA are recognised, regulators and chartered bodies should update their profession pages on the Regulated Professions Register. This information is important for professionals seeking to practise in the UK to be able to apply according to the correct process.
Other provisions in the Professional Qualifications Act 2022 for regulators of regulated professions to comply with
Regulators must continue to comply with the other requirements introduced on them through the Professional Qualifications Act 2022. Section 8 places a duty on regulators of professions regulated by law to publish information about requirements to practise. Section 9 and section 10 place a duty on regulators of professions regulated by law to share information with a regulator in another part of the UK or a regulator overseas when requested to do so by the professional.
Contact
For further information or if you have questions on this guidance, please contact [email protected].
Annex I: underpinning legislation
When considering the above guidance, regulators should be read this in conjunction with the legislation detailed below.
The European Communities (Recognition of Professional Qualifications) Regulations 2007 (the 2007 Regulations) originally implemented the EU Directive 2005/36/EC (‘the Directive’) on the RPQ in the UK whilst the UK was part of the EU. These were later revoked when the UK left the EU. However, application of the 2007 Regulations were saved under the 2019 Regulations (see below) for Swiss applicants to continue to apply for recognition of their professional qualifications until January 2025, and Swiss service providers to continue to provide temporary and occasional services until January 2026.
The European Union (Recognition of Professional Qualifications) Regulations 2015 (the 2015 Regulations) revoked the 2007 Regulations. These regulations implemented in part the Directive on the RPQ and established a ‘general system’ that enabled EEA and Swiss nationals to have their professional qualifications recognised in the UK and vice versa. This general system was revoked on 1 December 2023, apart from where specific savings in the Commencement Regulations saved its application.
The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 (the 2019 Regulations), later amended by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (the 2020 Regulations). Following the UK’s exit from the EU, the 2019 Regulations (as amended by the 2020 Regulations) amended the 2015 Regulations to implement a new temporary system for recognition for EEA and Swiss qualifications in the UK and implement the RPQ terms of the EU Withdrawal Agreement, the EEA EFTA Separation Agreement and the Swiss CRA.
The Professional Qualifications Act 2022 (the PQ Act) established powers for the UK to implement the RPQ provisions of international agreements across the UK (section 3) and revoke the temporary system for RPQ (section 5 (1)). It also created a series of legal obligations for UK regulators of professions regulated by law to comply with.
The Professional Qualifications Act 2022 (Commencement No. 3 and Savings and Transitional Provisions) Regulations 2023 (the Commencement Regulations). The Commencement Regulations brought into force on 1 December 2023 section 5(1) of the PQ Act which revokes the interim EU-derived system for RPQ contained in the 2015 Regulations. The Schedule to the Commencement Regulations contains savings provisions to protect application decisions and applications made between 1 January 2021 and 1 December 2023, and preserves the application of the 2015 Regulations for Irish Professionals of professions listed in Part 2 of the Schedule.
The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 implemented the RPQ terms of the UK-Norway, Iceland and Lichtenstein Free Trade Agreement on the 1 December 2023. Regulators of professions that are in scope of those regulations should establish or operate a system for RPQ from Iceland, Liechtenstein and Norway. Guidance for regulators on implementing these regulations are available on GOV.UK.