 CITIZENS OF TURKEY
Turkish citizens establishing themselves in business
Under the European Community Association Agreement (ECAA) with Turkey, you have certain rights if:
- you are a Turkish citizen; and
- you want to apply to establish yourself in business in the United Kingdom.
If you meet these requirements, you can apply to enter the United Kingdom in the 'Turkish ECAA business' category, or to switch into this category from a different category if you are already here legally.UKBA will consider your application under the business provisions that were in place in 1973.
The UK Border Agency has changed its policy on the dependants of Turkish citizens who are already legally in the United Kingdom.
The policy changed on 1 June 2009, when we expanded the definition of dependants who can apply for permission to extend their stay in the United Kingdom under the terms of the European Community Association Agreement (ECAA) with Turkey. The definition has been brought into line with the definition of family members under the points-based system for immigration.
A 'dependant' is now defined as the husband, wife, civil partner, unmarried partner, same-sex partner or child of a person with valid permission to stay under the ECAA.
You will be affected by this change if you made an application under the terms of the ECAA on or after 1 June 2009.
Eligibility
If you are a Turkish citizen and you want to establish yourself in business in the United Kingdom, you can apply to come to or remain here under the 'Turkish ECAA business' category.UKBA will consider your application under the business provisions that were in force in 1973.
However, you cannot benefit from the ECAA if you have breached United Kingdom immigration law in order to be able to apply to establish yourself in business in UK.
How to apply
To qualify for a visa as a Turkish ECAA businessperson, you must show that:
- you have the skills and ability to establish in your proposed business;
- you will be bringing sufficient funds to establish your business;
- you will be able to bear your share of the costs of running the business (its liabilities); and
- your share of the profits will be enough to support you and any dependants you have without you needing to find other employment for which a work permit would normally be required.
If you want to join an existing partnership or company, you must also:
- show that you will have an active part in running the business;
- show that there is a genuine need for your services and investment; and
- provide previous years' accounts for the business.
If you meet these requirements, you will be given permission to come to the United Kingdom as a Turkish ECAA businessperson for 12 months.
This section explains how Turkish citizens may benefit from the European Community Association Agreement (ECAA) with Turkey if they are already working legally in the United Kingdom.
If you are a Turkish citizen who is legally employed in the United Kingdom because you have a visa that gives you permission to work, a decision by the Association Council of the ECAA has given you certain rights. You may:
- apply for further permission to stay in the United Kingdom after you have worked here for one year, so that you can continue to work for the same employer (if a job is available);
- change employers after you have been working here for three years, if you are continuing to work in the same occupation; and
- work in any type of job for any employer after you have been working here for four years.
If your application is successful, UK Bordering Agency will give you permission to stay as a Turkish ECAA worker.
You will not be able to apply for permission to stay in UK permanently (known as 'indefinite leave to remain').
You cannot benefit from the ECAA if you have breached United Kingdom immigration law in order to be able to work. If this is the case, you will need to meet the requirements of the current immigration rules - this means that you will need to apply under Tier 2 of the points-based system.
To apply for permission to stay in the United Kingdom as a Turkish ECAA worker, you should complete application form ECAA 1 Turkish Employed
There are two ways of applying to extend your permission to remain as a dependant:
- a Turkish ECAA worker or Turkish ECAA businessperson can include their dependent(s) on their own application form; or
- the dependant can apply separately using application form ECAA 3 Turkish Dependant.
If you are applying separately for settlement, you will need to meet the requirements for coming to join a person living permanently in the United Kingdom.
Dependants applying for permission to remain in the United Kingdom may be penalised if they are not lawfully present in the United Kingdom when the application is made.
Who qualifies as a dependant?
You qualify as a dependant if you are the husband, wife, civil partner, unmarried partner, same-sex partner or child of a person who has valid permission to be in the United Kingdom under the ECAA.
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