Settlement (ILR) for Turkish business persons and Turkish workers allowed

As of July 2018 the UK Home Office introduced new settlement (Indefinite Leave to Remain) route for Turkish business persons, Turkish workers, and their family members. The key requirements are: to have 5 years continues residence with the most recent period in the Turkish visa category, pass the Life in the UK test, meet the English language knowledge and have no general grounds for refusal (i.e. criminal record, good character etc.). Detailed overview of the requirements is provided below.

REQUIREMENTS FOR TURKISH ECAA WORKERS APPLYING FOR INDEFINITE LEAVE TO REMAIN ECAA

The requirements for indefinite leave to remain to be granted to an ECAA worker are that the applicant must: (a) be a Turkish ECAA worker; and (b) have spent a continuous period of 5 years lawfully in the UK, of which the most recent period of leave must have been as a Turkish ECAA worker, in any combination of the following categories: (i) a Turkish ECAA worker; (ii) as a Tier 2 (General Migrant); (iii) as a Tier 2 (Minister of religion) Migrant; (iv) as a Tier 2 (Sportsperson) Migrant; or (v) as a work permit holder; and (c) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and (d) have been able to support any family members with them without recourse to public funds to which they are not entitled; and (e) not fall for refusal under the general grounds for refusal.

REQUIREMENTS FOR TURKISH ECAA BUSINESS PERSONS APPLYING FOR INDEFINITE LEAVE TO REMAIN ECAA

The applicant must: (a) be a Turkish ECAA Business person; and (b) have spent a continuous period of 5 years lawfully in the UK, of which the most recent period of leave must have been as a Turkish ECAA business person, in any combination of the following categories: (i) the Turkish ECAA business person category; or (ii) the Tier 1 (Entrepreneur) Migrant category; and (c) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and (d) have been able to support any family members with them without recourse to public funds to which they are not entitled; and (e) not fall for refusal under the general grounds for refusal; and (e) the business upon which the applicant replies meets the requirement of paragraph ECAA 4.2: The Home Office must be satisfied that: (a) the applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while he had leave as a ECAA business person; and (b) the business or businesses upon which they are relying on for any of the qualifying period is/are viable; and (c) the applicant genuinely intends to continue operating one or more businesses in the UK. In making the assessment in ECAA 4.2, the Home Office must be satisfied on the balance of probabilities. The Home Office may take into account the following factors: (a) the evidence the applicant has submitted; (b) the viability and credibility of the source of the money used to set up or invest in the business or businesses; (c) the credibility of the financial accounts of the business or businesses; (d) the credibility of the applicant’s business activity in the UK, including when they had leave as an ECAA business person; (e) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and (f) any other relevant information.

REQUIREMENTS FOR CHILDREN OF ECAA WORKERS OR ECAA BUSINESS PERSONS APPLYING FOR INDEFINITE LEAVE TO REMAIN ECAA

The Home Office must be satisfied that: (a) the applicant is the child of a parent who has, or is at the same time being granted, indefinite leave to remain as: (i) an ECAA worker or ECAA business person; or (ii) the spouse, civil partner or unmarried partner of an ECAA worker or ECAA business person; and (b) the applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the ECAA Worker or Business Person, or the partner of an ECAA Worker or Business Person who is being granted indefinite leave to remain. (c) the applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if they are over the age of 21 on the date the application is made, they must provide the specified documents and information in paragraph 319H-SD of immigration rules (references to the Relevant Points Based System Migrant should be read to mean the ECAA worker or ECAA business person) to show that this requirement is met. (d) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless: (i) the ECAA worker or business person is the applicant’s sole surviving parent; or (ii) the ECAA worker or business person parent has and has had sole responsibility for the applicant’s upbringing; or (iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care; or (iv) the parent is, at the same time, being granted indefinite leave to remain as an ECAA worker or business person, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant; and (e) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless they are under the age of 18 at the date on which the application is made; and (f) if the applicant is a of an ECAA worker or business person the applicant must provide a full birth certificate, with translations where necessary showing the names of both parents; and (g) all arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations; and (h) the applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of the Immigration Rules applies, any current period of overstaying will be disregarded; and (i) the applicant must not fall for refusal under the general grounds for refusal.

REQUIREMENTS FOR PARTNERS OF ECAA WORKERS OR ECAA BUSINESS PERSONS APPLYING FOR INDEFINITE LEAVE TO REMAIN ECAA

The Home Office must be satisfied that: (a) The applicant must be the spouse, civil partner or unmarried partner of a person who: (i) has indefinite leave to remain as an ECAA worker or business person; or (ii) is, at the same time being granted indefinite leave to remain as a ECAA worker or business person; or (iii) has become a British Citizen where prior to that they held indefinite leave to remain as a ECAA worker or business person; and (b) the applicant must have, or have last been granted, leave as the spouse, civil partner or unmarried partner of the ECAA worker or business person; and (c) the marriage or civil partnership, or unmarried partnership, must be genuine and subsisting at the time the application is made; and (d) the applicant and the ECAA worker or business person must intend to live permanently with the other as their spouse or civil partner or unmarried partner; and (e) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and (f) the applicant and the ECAA worker or business person must have been living together in the UK in a marriage or civil partnership, or in a unmarried partnership, for at least the applicable specified period in line with paragraphs ECAA 6.2 and ECAA 6.3 (please see details further below); and (g) the applicant must not fall for refusal under the general grounds for refusal.

ECAA 6.2. The specified period for spouses, civil partners or unmarried partners of ECAA workers or business persons is a continuous period of 5 years. The 5 year period may consist of a combination of leave as either: (a) the spouse, civil partner or unmarried partner of an ECAA worker or business person; or (b) the spouse, civil partner or unmarried partner of an ECAA worker or business person during a period when the sponsor had leave under another category of these Rules. (a) have been in a relationship with the same ECAA worker or business person for the entire period; and (b) have spent the most recent part of the 5 year period with leave as the spouse, civil partner or unmarried partner of that ECAA worker or business person; and (c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner or unmarried partner of that person at a time when that person had leave under another category of the Immigration Rules; and (d) not have been absent from the UK for more than 180 days during any 12 month period, subject to the following exceptions: (i) where the absence from the UK was for the purpose of assisting with a national or international humanitarian or environmental crisis overseas, provided the applicant is able to sufficiently evidence that this was the purpose of the absence, then this shall not count towards the 180 days; (ii) any absence from the UK during periods of leave granted under the Rules in place before 6 July 2018 shall not count towards the 180 days; and (iii) any time spent lawfully in the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man shall be deemed to be spent as time in the UK.

Kasia Janucik (Senior Associate, Carter Lemon Camerons Solicitors), 20 February 2019 

Contact our lawyers in Carter Lemon Camerons Solicitors for advice on immigration matters. The specialist team at Carter Lemon Camerons Solicitors can assist you with all immigration and business-related matters. Our years of expertise in these areas mean that we can provide tailored solutions for you. For more details, please contact Kasia Janucik, Senior Associate and Aleksandra Kowalska, Registered European Lawyer in our immigration department  at Carter Lemon Camerons or call us on +44(0) 20 7406 1053 (Kasia Janucik) or +44(0) 20 7406 1018 (Aleksandra Kowalska).