N v Her Majesty's Revenue and Customs (CHB): [2021] UKUT 28 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Mitchell on 31 January 2021.

From:
HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
Published
3 March 2021
Categories:
European Union law
Sub-categories:
European Union law - free movement
Judges:
Mitchell, E
Decision date:
31 January 2021

Read the full decision in .

Judicial Summary

A conventional street musician or 鈥榖usker鈥�, who solicits donations from passers-by, cannot be treated as a self-employed person for the purposes of Council Directive 2004/38/EC, and cannot, therefore, establish a right to reside as a self-employed 鈥榪ualified person鈥� under the Immigration (EEA) Regulations 2006. A conventional street musician cannot satisfy the test for self-employment in Jany (ECJ Case C-268/99) due to the absence of any agreement as to remuneration.

Updates to this page

Published 3 March 2021