A further thread on the EU/UK musicians/visa for paid work issue (the issue is paid work: travelling to sing or play at eg a charity event for free can be done without a visa).
The position that we now have now (no relevant provisions under the TCA) is complicated. For EU musicians visiting the UK see
In essence the UK permits foreign (including EU) nationals to stay up to 30 days to carry out paid engagements, but they must (a) prove they are a professional musician and (b) be invited by an established UK business.
Either condition could be tricky for a young musician starting out and wanting to play gigs. And 30 days isn’t long enough for a part in a show with a run.
Longer stays require a T5 visa - which generally requires you to be in a shortage occupation (play an instrument not played in the UK?) or to have an established international reputation.
For UK musicians visiting the EU, the answer is: it all depends where you are going. 26 different rules (Ireland is no problem because of the common travel area).
The current government tells us that the EU rejected its offer of visa-free travel for musicians under 30 days as part of the list of “Mode 4” permitted services.
Put shortly and simplifying, you find in Annex SERVIN-4 to the TCA a list of things independent professionals from the EU and UK can do in each other’s territory - with qualifications.
The list of independent professionals is here - but note the final sentence, which directs you to a long list of reservations.
Music is not there.
As I understand the current government’s case, the EU refused to add it.
But we do know what the EU did offer because it is in their draft agreement published in March.
What that would have done is set out a baseline position where EU and UK citizens could have done any paid work in each other’s territories for up to 90 days in any 180 days. Music covered along with everything else.
NB though that any EU State could have imposed a visa requirement on UK citizens doing paid work (music, for example) in which case the UK could have reciprocated for that state’s nationals.
One can see that that was lopsided: the UK could only impose visas on citizens of eg 🇧🇪 for work of a certain type if 🇧🇪 went first.
But the UK could have worked on it and obtained a wide ability to go and do temporary work in each other’s territories - including musicians.
But no: that whole section has gone. And the current government doesn’t, I think, deny that it killed it for ideological reasons: an end to freedom of movement must be seen to have been achieved. Despite this, from Johnson in 2016. telegraph.co.uk/politics/2016/…
Another bit of the killed section. Youth exchanges. And wider reciprocal residence and entry provisions.
All to maintain the dogma that the EU must be treated as “foreign” for immigration purposes in the same way as any other foreign state, despite its proximity and the closeness of our links.
That dogma is not, I believe, sustainable. In the medium term, we will need and want better mobility arrangements with our closest neighbours. For musicians, young people wanting short term bar jobs, for retired people wanting to spend the whole winter in Spain and so on.
To return to music: it may well be that the failure to add music to the Annex lists is down to the EU.
But, more profoundly, the UK music sector is here a casualty (among many) of the UK’s refusal to engage with the EU’s offer of a broader mobility framework.
An important task for the next government will be to reopen that discussion and negotiate the broader mobility framework that is in the interests of so many UK citizens, including musicians.
Footnote: Colin is probably right on this. Correct above accordingly. (Same point, but different bits of the SERVIN chapter.)

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More from @GeorgePeretzQC

15 Jan
One might have thought that believers in Brexit would need no prompting as to good ideas as to what can be done outside the EU/EEA. But no.
Read 6 tweets
1 Jan
Problems with that. 1. There is no public appetite for divergent regulation. 2. Both keeping trade going with NI and business pressure point away from divergence. 3. Economic gravity. 4. Need for framework for mobility, security is rather determined by being surrounded by the EU.
5. Scotland.
Like Canada or Switzerland, a close relationship with the elephant next door - and to a large extent on the elephant’s terms - isn’t optional.
Read 4 tweets
1 Jan
While on the topic of Lexit pieces that go off piste when it gets to the detail, some particularly strange passages from Larry Elliot’s piece in the Guardian. theguardian.com/commentisfree/…
Discuss what this is supposed to mean as a claim about the real world, with particular reference to the word “reputation” (and to the fact that many countries in the EU don’t have that “reputation” - let alone the reality).
What are the economic data behind this claim?
Read 5 tweets
1 Jan
This (by a list of authors including @cjbickerton @JamesHeartfield @thephilippics) contains an extraordinarily poor section on subsidy control under the TCA. thefullbrexit.com/uk-eu-deal
The authors appear to have read my analysis of it eurelationslaw.com/blog/the-subsi… (because they link to it). But they don’t seem to have understood it at all - and the quote attributed to me is simply incorrect.
The authors don’t appear to have any understanding of what EU State aid rules actually are. This, they seem to think that this is all new.
Read 14 tweets
28 Dec 20
This is the promised blog post on the subsidy control provisions of the Trade and Cooperation Agreement.
TLDR (though do read). The subsidy control provisions commit the UK to a robust subsidy control regime that is enforceable in court and has an independent authority.
The key concepts of the regime (eg what counts as a subsidy, application to tax measures, principles for clearing or prohibiting subsidies) are very familiar to State aid lawyers, though the State aid terminology is deliberately avoided.
Read 9 tweets
22 Dec 20
This rather silly comment on my letter to the Sunday Times (we aren’t in 2016 any more: move on) is however interesting.
The point of my short letter was simply that all significant trade agreements are about trade-offs: accepting limits on what you can do in return for limiting others’ ability to do things that harm your economy or limit your people’s opportunities.
Talk about “sovereignty” (or, in Lee’s case, erecting the “ever closer union” straw man) is usually designed to hide these trade-offs.
Read 6 tweets

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