New indefinite leave to remain rules for ECCA workers and business persons and their dependents
The European Communities Association Agreement ECAA was set up, under the Ankara Agreement on 12 September 1963, with the general aim of promoting economic relations between Turkey and the European Economic Community and supporting the eventual accession of Turkey to the European Economic Community.
The Government is introducing a new category within the current Immigration Rules that will provide a route for Turkish ECAA business persons, workers and their family members who wish to obtain indefinite leave to remain in the UK. The new indefinite leave to remain provision will recognise time spent as either an ECAA business person or as a worker (or equivalent Points Based System routes), as long as the most recent period of leave was under the ECAA. The eligibility criteria for main applicants in Ankara Agreement include:
- the qualifying period for settlement is five years, in line with other settlement routes;
- the applicant must demonstrate sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL;
- the applicant does not fall for refusal under general grounds for refusal; and
- the applicant must pay the requisite fee as per other settlement routes.
For dependants, children will be granted ILR in line with the main applicant where the relevant criteria are met, whilst spouses, civil partners and unmarried partners will require five years residency, in line with other Points Based System routes, and to meet associated eligibility requirements.
In line with the Points Based System routes, the Government is also introducing a new category, for family members of ECAA workers or business persons to apply for further leave to remain (three years) to enable them to reach the five-year residency requirement. This will enable the main applicant to obtain ILR at the earliest opportunity (five years) and their spouse or partner to qualify subsequently.
Limited leave will also be available to a specified cohort of dependants currently in the UK without leave. This will only apply to individuals who were unable to obtain indefinite leave to remain at the time their ECAA dependant leave expired, due to the two year requirement in the ECAA ILR policy in force before 16 March 2018, and who were unable to obtain further limited leave due to their sponsor acquiring ILR, thereby no longer benefiting from the ECAA provisions.
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