Query Self-employment rights

[Lex]

Hi there,

Reading this Freedom of Establishment Regulations briefing - Public Law Project has made me feel physically sick. I am a EU self-employed translator in the UK and the main breadwinner. Will this override the right to self-employment under settled status? I'm so scared.

Thanks in advance.

[Site Admin]

Hi there,

Reading this Freedom of Establishment Regulations briefing - Public Law Project has made me feel physically sick. I am a EU self-employed translator in the UK and the main breadwinner. Will this override the right to self-employment under settled status? I'm so scared.

Thanks in advance.

I have responded to the same question here: Freedom of Establishment and Free Movement of Services Regulations 2019 - UKCEN Citizenship and Residence for European Nationals and their families

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.

[Lex]

Thank you admin. I'm just concerned as there seems to be a lot of panic being whipped up about this on Twitter and in other forums. I'm just trying to understand this, why are people still so worried (including posts by the public law project)? Are they getting the wrong end of the stick? Thanks again!

[Site Admin]

Thank you admin. I'm just concerned as there seems to be a lot of panic being whipped up about this on Twitter and in other forums. I'm just trying to understand this, why are people still so worried (including posts by the public law project)? Are they getting the wrong end of the stick? Thanks again!

A lot of panic is always whipped up on social media about anything! The document itself says it all. It removes automatic rights conferred under EU law, if this didn't happen, then people could still rely on those rights. But as previously discussed, non EU nationals with status in the UK are allowed to be self-employed and run a business, thus it would be discriminatory to remove those rights from EU and Swiss nationals who have status under UK law.

[Site Admin]

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