Immigration Rules Appendix ECAA

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Immigration Rules Appendix ECAA

Appendix ECAA: ECAA Nationals and settlement

PART ECAA 1. DEFINITIONS

ECAA 1.1. For the purposes of this Appendix the following definitions apply:

  1. an “ECAA worker” means a person who:
    1. (a) is a Turkish national; and
    2. (b) has been granted leave to remain under the ECAA worker category, which has not been revoked, curtailed or lapsed; and
    3. (c) continues to work lawfully in the UK in line with such leave; and
    4. (d) is registered with the police where required.
  2. an “ECAA business person” means a person who:
    1. (a) is a Turkish national; and
    2. (b) has been granted entry clearance, leave to enter or leave to remain under the ECAA business category, which has not been revoked, curtailed or lapsed; and
    3. (c) the holder continues to operate their business in the UK in line with such leave; and
    4. (d) is registered with the police where required.
  3. “family member” means a person who is:
    1. (a) the spouse of an ECAA worker or ECAA business person; or
    2. (b) the civil partner of an ECAA worker or business person; or
    3. (c) the unmarried partner of an ECAA worker or business person or
    4. (d) the child aged under 21 of an ECAA worker, ECAA business person or their spouse, civil partner or unmarried partner; or
    5. (e) the adult dependant aged over 21 of an ECAA worker, ECAA business person or their spouse, civil partner or unmarried partner; and
    6. (f) has valid leave as the family member of an ECAA worker or Business person; and
    7. (g) is registered with the police where required.
  4. “unmarried partner” means a person who is:
    1. (a) In a durable relationship with an ECAA worker or business person; and
    2. (b) Is resident with the ECAA worker or business person; and
    3. (c) Intends to continue living with the ECAA worker or business person

ECAA 1.2. Unless the contrary intention is expressed in this Appendix, the definitions in paragraph 6 of the Immigration Rules shall apply to this Appendix.

PART ECAA 2. CONTINUOUS PERIODS LAWFULLY IN THE UK

ECAA 2.1. References to a “continuous period” “lawfully in the UK” for the purposes of this Appendix mean residence in the UK for an unbroken period with valid leave, and for these purposes a period shall be considered unbroken where:

  1. (a) the applicant has not been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that any absence from the UK for the purpose of assisting with a national or international humanitarian or environmental crisis overseas shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s);
  2. (b) the applicant has existing limited leave to enter or remain upon their departure and return except that:
    1. (i) where that leave expired no more than 28 days prior to a further application for entry clearance which was made before 6 July 2018 and subsequently granted, that period and any period pending the applicant’s re-entry into the United Kingdom shall be disregarded; and
    2. (ii) where, on or after 6 July 2018, the applicant makes a further application for entry clearance during the currency of continuing limited leave which is subsequently granted, the period spent outside the UK with continuing leave and any period pending the applicant’s re-entry into the United Kingdom shall be disregarded; and
  3. (c) the applicant has any current period of overstaying disregarded where paragraph 39E of the Immigration Rules applies; and
  4. (d) the applicant has any previous period of overstaying between periods of leave disregarded where: the further application was made before 6 July 2018 and within 28 days of the expiry of leave; or the further application was made on or after 6 July 2018 and paragraph 39E of the Immigration Rules applied.

ECAA 2.2. Except for periods where the applicant had leave as:

  1. (a) a Turkish Business Person;
  2. (b) a Tier 1 Migrant other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant; or
  3. (c) a Tier 1 (Entrepreneur) Migrant;

any absences from the UK during the relevant qualifying period must have been for a purpose that is consistent with the applicant’s basis of stay here, including paid annual leave, or for serious or compelling reasons.

ECAA 2.3. The continuous period will be considered as ending on whichever of the following dates is most beneficial to the applicant:

  1. (a) the date of application;
  2. (b) the date of decision; or
  3. (c) any date up to 28 days after the date of application

ECAA 2.4. References to a continuous period spent with valid leave in the UK include time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, where that leave was granted for an equivalent purpose to one of the categories stated in the relevant paragraph, provided that the most recent period prior to the date of application was spent in the UK with valid leave in the relevant category.

PART ECAA 3. REQUIREMENTS FOR TURKISH ECAA WORKERS APPLYING FOR INDEFINITE LEAVE TO REMAIN

ECAA 3.1. The requirements for indefinite leave to remain to be granted to an ECAA worker are that the applicant must:

  1. (a) be a Turkish ECAA worker; and
  2. (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:
    1. (i) a Turkish ECAA worker;
    2. (ii) as a Tier 2 (General Migrant);
    3. (iii) as a Tier 2 (Minister of religion) Migrant;
    4. (iv) as a Tier 2 (Sportsperson) Migrant; or
    5. (v) as a work permit holder; and
  3. (c) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
  4. (d) have been able to support any family members with them without recourse to public funds to which they are not entitled; and
  5. (e) not fall for refusal under the general grounds for refusal.

Indefinite leave to remain as a Turkish ECAA worker

ECAA 3.2. Indefinite leave to remain will be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph ECAA 3.1 are met.

Refusal of indefinite leave to remain as a Turkish ECAA worker

ECAA 3.3. Indefinite leave to remain for Turkish ECAA workers is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph ECAA 3.1 are met.

PART ECAA 4. REQUIREMENTS FOR TURKISH ECAA BUSINESS PERSONS APPLYING FOR INDEFINITE LEAVE TO REMAIN

ECAA 4.1. The applicant must:

  1. (a) be a Turkish ECAA Business person; and
  2. (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:
    1. (i) the Turkish ECAA business person category; or
    2. (ii) the Tier 1 (Entrepreneur) Migrant category; and
  3. (c) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
  4. (d) have been able to support any family members with them without recourse to public funds to which they are not entitled; and
  5. (e) not fall for refusal under the general grounds for refusal; and
  6. (e) the business upon which the applicant replies meets the requirement of paragraph ECAA 4.2.

ECAA 4.2. The Secretary of State must be satisfied that:

  1. (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
  2. (b) the business or businesses upon which they are relying on for any of the qualifying period is/are viable; and
  3. (c) the applicant genuinely intends to continue operating one or more businesses in the UK.

ECAA 4.3. In making the assessment in ECAA 4.2, the Secretary of State must be satisfied on the balance of probabilities. The Secretary of State may take into account the following factors:

  1. (a) the evidence the applicant has submitted;
  2. (b) the viability and credibility of the source of the money used to set up or invest in the business or businesses;
  3. (c) the credibility of the financial accounts of the business or businesses;
  4. (d) the credibility of the applicant’s business activity in the UK, including when they had leave as an ECAA business person;
  5. (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
  6. (f) any other relevant information.

ECAA 4.4. The Secretary of State may request additional information and evidence to support the assessment in paragraph ECAA 4.3, and may refuse the application if the information or evidence requested is not received by the Secretary of State at the address specified in the request within 28 calendar days of the date of the request.

Indefinite leave to remain as a Turkish ECAA business person

ECAA 4.5. Indefinite leave to remain will be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph ECAA 4.1 are met.

Refusal of indefinite leave to remain as a Turkish ECAA business person

ECAA 4.6. Indefinite leave to remain for Turkish ECAA business persons is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph ECAA 4.1. are met.

PART ECAA 5. REQUIREMENTS FOR CHILDREN OF ECAA WORKERS OR ECAA BUSINESS PERSONS APPLYING FOR INDEFINITE LEAVE TO REMAIN

ECAA 5.1. The Secretary of State must be satisfied that:

  1. (a) the applicant is the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
    1. (i) an ECAA worker or ECAA business person; or
    2. (ii) the spouse, civil partner or unmarried partner of an ECAA worker or ECAA business person; and
  2. (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.
  3. (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 (except that references to the Relevant Points Based System Migrant are read to mean the ECAA worker or ECAA business person) to show that this requirement is met.
  4. (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:
    1. (i) the ECAA worker or business person is the applicant’s sole surviving parent; or
    2. (ii) the ECAA worker or business person parent has and has had sole responsibility for the applicant’s upbringing; or
    3. (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
    4. (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
  5. (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, unless they are under the age of 18 at the date on which the application is made; and
  6. (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
  7. (g) all arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations; and
  8. (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
  9. (i) the applicant must not fall for refusal under the general grounds for refusal.

Indefinite leave to remain as the child of a Turkish ECAA worker of ECAA business person

ECAA 5.2. Indefinite leave to remain will be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph ECAA 5.1 are met.

Refusal of indefinite leave to remain as the child of a Turkish ECAA worker or ECAA business person

ECAA 5.3. Indefinite leave to remain as the child of a Turkish ECAA Worker or Turkish ECAA business person is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph ECAA 5.1 are met.

PART ECAA 6. REQUIREMENTS FOR PARTNERS OF ECAA WORKERS OR ECAA BUSINESS PERSONS APPLYING FOR INDEFINITE LEAVE TO REMAIN

ECAA 6.1. The Secretary of State must be satisfied that:

  1. (a) The applicant must be the spouse, civil partner or unmarried partner of a person who:
    1. (i) has indefinite leave to remain as an ECAA worker or business person; or
    2. (ii) is, at the same time being granted indefinite leave to remain as a ECAA worker or business person; or
    3. (iii) has become a British Citizen where prior to that they held indefinite leave to remain as a ECAA worker or business person; and
  2. (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
  3. (c) the marriage or civil partnership, or unmarried partnership, must be genuine and subsisting at the time the application is made; and
  4. (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
  5. (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
  6. (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; and
  7. (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:

  1. (a) the spouse, civil partner or unmarried partner of an ECAA worker or business person; or
  2. (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.

ECAA 6.3. During the specified period the applicant must:

  1. (a) have been in a relationship with the same ECAA worker or business person for the entire period; and
  2. (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
  3. (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
  4. (d) not have been absent from the UK for more than 180 days during any 12 month period, subject to the following exceptions:
    1. (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;
    2. (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
    3. (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.

Indefinite leave to remain as the partner of a Turkish ECAA worker

ECAA 6.4. Indefinite leave to remain may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph ECAA 6.1 are met.

Refusal of indefinite leave to remain as the spouse, civil partner or unmarried partner of a Turkish ECAA worker

ECAA 6.5. Indefinite leave to remain for the family member of a Turkish ECAA worker is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph ECAA 6.1 are met.

PART ECAA 7. REQUIREMENTS FOR PARTNER OF TURKISH ECAA WORKER OR ECAA BUSINESS PERSONS APPLYING FOR FURTHER LEAVE TO REMAIN

ECAA 7.1. The applicant must:

  1. (a) be the spouse, civil partner or unmarried partner of a Turkish ECAA worker or ECAA business person who has been granted indefinite leave to remain:
    1. (i) in line with the ECAA guidance in force prior to 16 March 2018; or
    2. (ii) under paragraph ECAA 3.2 or ECAA 4.5 of this Appendix; or
    3. (iii) has British citizenship having previously been granted indefinite leave to remain under either provision specified in (i) or (ii) of this paragraph; and
  2. (b) have last been granted entry clearance or leave to remain as a dependent of an ECAA worker or ECAA business person; or
  3. (c) having last been granted leave to remain as a dependant of an ECAA business person, is currently in the United Kingdom without leave as, at the time of that leave expiring:
    1. (i) they did not qualify for indefinite leave to remain in line with the ECAA guidance in force prior to 16 March 2018 due to not meeting the 2 years residency requirement; and
    2. (ii) did not qualify for further limited leave to remain as the dependant of an ECAA business person due to that ECAA business person having acquired indefinite leave to remain; and
  4. (d) be living together and in a subsisting relationship with the ECAA worker or business person under whom entry clearance or leave to remain was granted; and
  5. (e) not fall for refusal under the general grounds for refusal; and
  6. (f) their sponsor has adequate accommodation for the parties and can maintain any dependants without recourse to public funds; and
  7. (g) be registered with the police where appropriate; and
  8. (h) must not be in the UK in breach of immigration laws except that:
    1. (i) where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; or
    2. (ii) where paragraph ECAA 7.1(c) applies, any current period of overstaying will be disregarded.

Granting further leave to remain as the partner of a Turkish ECAA worker or ECAA business person

ECAA 7.2. Leave to remain for up to 3 years will be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph ECAA 7.1 are met.

Refusal of further leave to remain as a Turkish ECAA worker or ECAA business person

ECAA 7.3. Leave to remain for family members of a Turkish ECAA worker or ECAA business person is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph ECAA 7.1 are met.

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