A conventional street musician or `busker’, 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 `qualified person’ 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.
Citations:
[2021] UKUT 28 (AAC)
Links:
Jurisdiction:
England and Wales
European, Immigration
Updated: 06 October 2022; Ref: scu.659498