17It was against that background that the Upper Tribunal (Administrative Appeals Chamber) decided to stay the proceedings and to refer the following question to the Court of Justice for a preliminary ruling:‘In circumstances where a claimant:— is a citizen of Poland;— came to the United Kingdom before her country acceded to the European Union;— established herself in self-employment within the meaning of Article 49 TFEU …;— remained [in the United Kingdom] and continued in self-employment, following accession [of her country to the European Union];— is no longer in self-employment; and— is the primary carer of a child who came to the United Kingdom and entered general education after accession [of the Republic of Poland to the European Union] and after [the claimant] ceased to be established in self-employment,does the claimant have a right to reside in the United Kingdom on the basis that (individually or cumulatively):— Regulation No 1612/68 applies, together with the reasoning of the European Court of Justice in Baumbast and R v Secretary of State for the Home Department (Case C-413/99) [2002] ECR I-7091; Ibrahim and Secretary of State for the Home Department (Case C-310/08) [[2010] ECR I-1065]; and Teixeira (Case C-480/08) [[2010] ECR I-1107];— there is a general principle of EU law that equates the position of workers and the self-employed;— it would impede or deter the freedom of establishment if the claimant did not have a right to reside?’
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