The European Community Association Agreement (ECAA) allows Turkish nationals to found themselves as a worker or in a business in the UK under the Ankara agreement.
ECAA Self-Employed (Business) Visas
Turkish nationals can apply to remain in the UK if they want to become self-employed and set up a business under the Turkish ECAA business category. For the Home Office to be satisfied that the applicant is eligible for this, the applicant must:
- Have genuine intention to set up a viable business in the UK;
- Have the skills and capacity necessary to set up the projected business;
- Have the required funds to set up and run the business; and
- Have the ability to make sufficient profit to support themselves and their family without the need for an additional employee in the UK.
In accordance with the Home Office’s guidelines, if the applicant meets the above criteria, the applicant will be granted leave to remain in the UK for an initial period of 12 months. The applicant may then submit an application to extend his/her leave under the same visa category, provided that they meet similar eligibility measures as above: (1) the business must have been already established; (2) there is enough funds to run the business; and (3) the profits must be sufficient enough to support the applicant and his/her family without a need of an additional paid work. If these measures are met, additional leave of 3 years will be granted.
The requirements for this visa are more generous than those offered to other non-EU citizens wanting UK work permits or wanting to establish a business in the this is because:
- There is no minimum investment requirement and no job creation requirement
- There is no English language requirement
- The application is free
- This category is exempt from the health surcharge
After 4 years, a Turkish national visa holder has been able to apply for indefinite leave to remain (ILR) in the UK. Under Immigration rules, a visa holder must reside lawfully in the UK for 5 years before being able to apply for ILR. But this route to ILR is presently deferred because of 2 court judgements from earlier in 2017. These are the cases of Aydogdu and Alagoz, Turkish nationals. In these cases, the Court decided that for technical reasons, which is no relation to Brexit, there is no route to settlement via the Turkish ECAA business category for either main applicants or their dependents.
Currently, there is clearly at the very least uncertainty about the right to ILR from the Turkish ECAA business visa. This remains the case, even though the Home Office’s own guidance dated 15 October 2015 states that an individual who has lawfully remained in the UK for 4 years as a self-employed person may apply for ILR (unless there are enough reasons to refuse it).
ECAA Turkish Worker Visas
A Turkish national who is legally employed in the UK is also allowed to apply for a visa extension to stay lengthier here. In order to be eligible for an extension of leave, the applicant must already have a valid visa in the UK which permits him/her to work legally in the UK. The applicant must also have worked for the same employer for a continuous period of one year preceding the application. If the Home Office considers the applicant eligible, the applicant will be allowed to remain in the UK as a Turkish ECAA worker. However, the applicant needs to be aware that under this category, the applicant will not be able to apply for indefinite leave to remain in the UK.
The applicant under this category (i.e. worker) is permitted to change employers after working 3 continuous years with the same employer, as long as they continue to work in the same profession.
If, however, a person has breached UK immigration laws, he/she will not be able to work in the UK as an ECAA worker.
