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Freedom of Establishment and Free Movement of Services Regulations 2019

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  • Freedom of Establishment and Free Movement of Services Regulations 2019

    Dear UKCEN,

    Is it correct that the proposed Freedom of Establishment and Free Movement of Services Regulations 2019, should they be approved, would apply to those EU citizens with a Settled or Presettled status also?

    I'm rather worried, as I am self-employed and this would make it rather difficult for me to support myself.

  • #2
    This legislation merely removes automatic rights granted under EU law, it does not remove anything granted under UK law. For example, non EU nationals are able to run a business and/or be self-employed in the UK if they have the right visa to do so, or if they have ILR, which places no restrictions on activity. Clearly, removing this right from EU and Swiss nationals who also have status here would be discriminatory.

    If you look at the text of this document: http://www.legislation.gov.uk/ukdsi/2019/9780111188545/pdfs/ukdsiem_9780111188545_en.pdf

    ...it says:

    Why is it being changed?

    2.10 Section 4 of the European Union (Withdrawal) Act 2018 provides that the rights which flow into domestic law by virtue of section 2 (1) of the European Communities Act 1972 will continue to be recognised and available in domestic law. This includes the substance of directly effective rights in relation to free movement of services and establishment. If the UK does not exit the EU under the terms of a Withdrawal Agreement (i.e. a ‘no deal’ scenario), elements of reciprocity contained within directly effective rights of establishment and free movement of services, as derived from Articles in the TFEU, the EEA Agreement, FMOPA, the Ankara Agreement and the Additional Protocol, would cease to function effectively in the UK.

    2.11 To address any inoperability and to ensure UK law continues to function effectively, with legal clarity, and that the UK is compliant with its World Trade Organisation (WTO) obligations, including the General Agreement on Trade in Services, these rights need to be disapplied.

    2.12 These directly effective rights of establishment and free movement of services would appear to have limited practical effect, post-exit in a no deal scenario. It is anticipated that disapplication of these rights will have limited direct or practical impact on EU, European Economic Area European Free Trade Association (EEA EFTA), Swiss or Turkish nationals or EU, EEA EFTA, Swiss or Turkish businesses post-Exit. Unless changes to UK law are made in specific areas, the removal of these rights is not expected to prevent those EU, EEA EFTA, Swiss or Turkish nationals who are operating businesses or providing services immediately before exit day from continuing to be able to do so immediately after exit day (where they retain residence rights).
    Please see text highlighted above. First of all, this would only apply in the event of no deal, as stated above. As we all know, this isn't very likely to happen now the government has sent the extension request to the EU in case the deal is not passed by Parliament this week as expected.

    Furthermore, 2.12 clearly says this wouldn't have any practical impact on individuals or businesses.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Copperplate Please refer to this post, which should explain everything: UKCEN Citizenship and Residence for European Nationals and their families

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        Thank you, that's very helpful to know.
        Does Pre-Settled status give us the same rights to self-employment and business ownership, or just Settled Status?

        Comment


        • #5
          Originally posted by Copperplate View Post
          Thank you, that's very helpful to know.
          Does Pre-Settled status give us the same rights to self-employment and business ownership, or just Settled Status?
          Pre-settled status gives full rights, the main difference is that it's only temporary (valid for 5 years), the one thing doesn't give is a right to reside for the purpose of benefits claims, claimants would still need to rely on another right to reside (such as worker).

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment


          • #6
            Thanks for clarifying!

            Comment


            • #7
              Hi there,

              A lot of people, including me, are presently worried about this again, and there's potential for a panic - now that no deal looks pretty likely, how are things for us with Settled and Pre-Settled Status in regards to owning a business and being self-employed?
              It would be great to have this clarified, please.

              Comment


              • #8
                Originally posted by Copperplate View Post
                Hi there,

                A lot of people, including me, are presently worried about this again, and there's potential for a panic - now that no deal looks pretty likely, how are things for us with Settled and Pre-Settled Status in regards to owning a business and being self-employed?
                It would be great to have this clarified, please.
                This has been clarified time and time again, I don't even know why it's still being questioned. Settled and pre-settled status allows people to be self-employed or run a business in the UK as well as everything else such as work, access public funds, etc. The rights of EEA nationals and their family members are provided by these statuses under the EUSS, not by those regulations which have now become irrelevant, since we have left the EU and our rights no longer come from provisions under EU law, that's the whole point of the EUSS, to replace rights previously given by EU law, with rights granted under UK domestic law.

                The problem with the internet, and social media in particular, is that anybody can post things and make them sound like actual facts even though a lot of the stuff posted on social media is little more than personal perception and opinion, and, unfortunately, even the mainstream media often publishes such opinions and perceptions under misleading headlines to attract attention and clicks.

                Also bear in mind that we have already left the EU with a deal, so none of the "no deal" issues are relevant now. The "no deal" people keep referring to is a trade deal between the UK and the EU, this has no effect on the Withdrawal Agreement which has already been signed by all sides and is legally binding, regardless of the outcome of the trade negotiations. The EUSS is also part of the Withdrawal Agreement, so none of that is affected by trade deals which refer to tariffs and movement of goods and services, not citizens rights, already covered in the Withdrawal Agreement.

                I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                Comment


                • #9
                  I deleted this post when we finally left with a deal, as it was no longer relevant, but seeing that, thanks to social media, people are still going on about this, I have just restored it with a note. One simply mustn't believe all the stuff posted on social media! The vast majority of it is very personal and not at all factual.

                  UKCEN Citizenship and Residence for European Nationals and their families

                  I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                  Comment


                  • #10
                    Thanks. I thought I'd ask to make sure, as people still feel anxious about this. Thanks for reposting the clarification as well. I'll pass it on.

                    Comment


                    • #11
                      Originally posted by Copperplate View Post
                      Thanks. I thought I'd ask to make sure, as people still feel anxious about this. Thanks for reposting the clarification as well. I'll pass it on.
                      The problem is how things are portrayed on social media, yesterday I came across a FB page (which, like all pages as opposed to groups, is public), where they had posted the MPs' response on this matter, but with the complete opposite interpretation attached to it! This is a huge problem with social media, since anyone can post their own views and interpretations, which is great from a free speech perspective, but very concerning when people fail to identify them as such and think what is posted is actual fact. I posted quite a few comments to clarify this on the page in question under the relevant thread, I just hope they are not removed, as pages are under the full control of their owners who set them up, so you can see why we have huge problems with misinterpretation of the facts on social media!

                      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                      Comment


                      • #12
                        Yes, I think I know which thread you mean; I posted the statement you sent me the link for, but it got removed by an admin, claiming I violated the rules. I'm sure I didn't, but it casts doubt for me on how truthfully things are represented.

                        Comment


                        • #13
                          Originally posted by Copperplate View Post
                          Yes, I think I know which thread you mean; I posted the statement you sent me the link for, but it got removed by an admin, claiming I violated the rules. I'm sure I didn't, but it casts doubt for me on how truthfully things are represented.
                          Indeed, that's the issue with social media, since admins have full control over what's posted and what isn't, and groups/pages are set up for a specific purpose, anything else that doesn't fit in with the perspectives, perceptions and opinions of the admins gets removed, and those who make the posts also get removed from the groups sometimes, even when the posts are factual and reliant on official sources.

                          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                          Comment

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