Technical Guidelines for the Competent Authorities for the Recognition of Professional Qualifications after the end of the transition period (31/12/2020)

 

According to the Withdrawal Agreement, the United Kingdom is no longer an EU member state as of 01/02/2020. During the transition period until 31/12/2020, UK nationals enjoy the continuation of their rights as if they were still EU citizens. 

The transition period enables both, EU citizens and UK nationals to continue exercising their rights under Union law in each other's territories. During the transition period the rules governing the Recognition of Professional Qualifications (Directive 2005/36/EC as amended Directive 2013/55/EE) is applied with regard to both UK nationals, as well as to the qualifications acquired in the UK. By the end of the transition period, the professional recognition of UK nationals as well as the qualifications acquired in the UK shall be governed by the national policies/rules of the Republic of Cyprus and the legislation regulating each profession.

 

However, based on the Withdrawal Agreement, different scenarios of recognition of professional qualifications that might occur during the examination of applications by the competent authorities, are the following:

 

1. UK qualifications of EU27-Member State and UK nationals recognized in EU27 before withdrawal date (01/02/2020)

Decisions on the recognition of UK qualifications in any EU27 Member State, based on the Directive 2005/36/EC as amended by the Directive 2013/55/EE for the Recognition of Professional Qualifications, taken before the withdrawal date were not affected.

 

2. UK qualifications of EU27 and UK nationals who applications for recognition in EU27 were still pending at withdrawal date (01/02/2020) 

The competent authorities are advised to take into consideration the fact that the application was made while the UK was still a Member State, and therefore, the provisions of the EU legislation were applied.

 

3. EU27 nationals holding UK qualifications obtained before the withdrawal date applying for recognition in EU27 after withdrawal date

 

The competent authorities were advised to encourage citizens (based on the Brexit Preparedness Notice on Professional Qualifications of the European Commission published on 21^st June 2018) to submit their applications for recognition of their UK qualifications before the end of the transition period. However, competent authorities were advised to take into consideration the fact that the qualification was acquired while the UK was still a Member State, and therefore, the provisions of the EU legislation were applied.

 

4. EU27 nationals holding UK qualifications obtained after withdrawal date (01/02/2020)

 

As of withdrawal date, Directive 2005/36/EC as amended by Directive 2013/55/EE was not applied to UK nationals and UK qualifications, and UK became a third country. Hence, the applications for recognition shall be governed by the national policies/rules of the Republic of Cyprus and the legislation regulating each profession. However, it was advised that the minimum training conditions for the 7 sectoral professions be respected by any national recognition decision.  

 

5. UK nationals seeking first recognition of their UK qualifications (whenever acquired) in the Republic of Cyprus, after withdrawal date

 

The applications for recognition shall be governed by the national policies/rules of the Republic of Cyprus and the legislation regulating each profession. However, it is advised that the minimum training conditions for the 7 sectoral professions be respected by any national recognition decision.  

 

6. UK nationals providing temporary or occasional services (Title ΙΙ Directive 2005/36/ΕΚ) in the Republic of Cyprus, after the end of the transition period (31/12/2020)

 

UK nationals legally established in the UK or any other EU27 Member State will not be able to provide temporary or occasional professional services in the Republic of Cyprus under EU law rules, as of the end of the transition period. The provision of professional services shall be governed by the national policies/rules of the Republic of Cyprus and the legislation regulating each profession.  

 

7. EU nationals legally established in the UK providing temporary or occasional services (Title ΙΙ Directive 2005/36/ΕΚ) in the Republic of Cyprus, after the end of the transition period (31/12/2020)

 

EU nationals legally established in the UK will have no rights under EU law to provide temporary or occasional professional services in the Republic of Cyprus under EU law rules, as of the withdrawal date. The provision of professional services shall be governed by the national policies/rules of the Republic of Cyprus and the legislation regulating each profession. 

 

 

Department of Labour,

Ministry of Labour, Welfare and Social Insurance

Assistance Centre for the

Recognition of Professional Qualifications