If you are a Turkish national, living in the UK or intend to enter the UK, you will be able to do the following:
Be employed in the UK and benefit from the European Community Association Agreement (ECAA).
The Home Office policy is based on Article 6(1) of decision 1/80 of the Association Council established by the European Community Association Agreement (ECAA) with Turkey.
A person can lodge an application as a “Turkish Worker” and to apply under this category, will need to prove that you have legally been working in the UK for at least 1 year. This can be on the basis that you are married to a British citizen or a settled person, or holding a work permit such as a Tier 2 general visa or a student under the Tier 4, who have worked part time during term time and full time during vacation periods.
Suitability of leave to remain in the UK as a Turkish worker
Your application will be considered in line with the general grounds of refusal. As part of the Home Office criminality & security checks, they will need to make sure that your application does not fall for refusal under the general grounds of refusal, such as a criminal offence or a civil dispute being outstanding.
Breach of conditions, deception and fraud
As part of the Home Office checks, issues surrounding your previous stay in the UK such as overstaying, wrong applications or applying deception/fraud will be given due consideration when an application as a Turkish worker is lodged. However, in each case, the Home Office will review the circumstances related to this. For example, if you have overstayed in the UK for more than 28 days, then your application may be refused. The Home Office at the time of the application will consider factual issues related to your application before a decision is made.
Meeting the requirements to qualify for a Turkish worker visa
The Home Office will grant a visa if you meet the following requirements:
You must not fall for refusal under the general grounds of refusal which includes good character, and criminality checks.
The employment in the UK with your employer must be genuine and real. A transaction between you and your employer must exit for a period of 12 months prior to the application as a Turkish worker.
You must be registered with the UK’s labour force and must be able to provide evidences to confirm this.
Your rate of pay including benefits should be in line with the UK’s employment rules and regulations. This includes but not limited to paying taxes, national insurance contributions, and employer’s contribution to your pension etc.
The employment held must be continuous periods.
By meeting the above requirements, the Home Office is likely to grant you a Turkish worker visa. The periods of leave to remain as a Turkish worker that is granted under this policy will depend on how long you have legally worked in the UK:
Between 1 to 3 years, then up to 2 years will be granted to continue working with the same employer.
If you have been working legally in the UK between 3 to 4 years, then visa granted up to 1 year, can change employers but must be in the same occupation.
Where you have worked legally in the UK for more than 4 years, then you will be issued a visa up to 3 years, can work in any occupation for any employers.
Indefinite leave to remain as a Turkish worker
The policy allows a Turkish worker to apply for indefinite leave to remain after 5 years of continuous residency in the UK. The immigration rules now extends to permit periods of leave under other permissible categories to be included as part of the continuous residency.
In addition, you will need to meet the knowledge of life requirements, have been immigration compliant throughout the 5 years period and does not fall for refusal under general grounds of refusal.
Family members of Turkish workers
The immigration rules permits a Turkish worker to sponsor their family members in the UK. Family members can include spouse, civil partners, un-married partners and children under the ages of 21 years. Conditions of their right to stay in the UK including working rights are not automatic and will depend on their own residency prior any permission are granted.
Turkish business person visa
As a Turkish national, you can apply for a visa if you intend to start a new business or intend to take over an established business in the UK. The agreement also known as the Ankara Agreement was set up on the 12th of September 1963. Its purpose was to improve as well as promote the economic relationship between Turkey and the EU.
The policy laws are now part of the current immigration rules, which have included further directions and specified evidences to be met by a Turkish business person when applying for the Turkish business person visa. Now let’s look at some of the requirements for a Turkish national to meet in order to apply for the visa itself.
Meeting the requirements of a Turkish business person
As a Turkish business person, you will be required to demonstrate the following through information and evidences to support your visa application:
You will need to demonstrate that you have a genuine intention to set up a business in the UK.
You will need to identify the opening costs and other business related costs to support the business in the UK. The financial means will need to be evident in the application file.
Able to pay for the operating costs of the business and provide details of your business in the UK.
The personal income from the business to pay for your personal costs in the UK as well as evidences of maintenance to show you can support yourself and your family members in the UK.
Dependants of a Turkish business person
The immigration rules allow a Turkish business person to bring their dependants to the UK. Both partners and children under the age 0f 21 years, can either join or extend their leave to remain in the UK.
Applying for indefinite leave to remain as a Turkish business person
An application for indefinite leave to remain can be applied depending on when your first grant of leave was given. A person granted leave to remain prior to the changes on the 16th of March 2018, can apply for indefinite leave to remain after the completion of 4 years residency.
The current policy for those applying for indefinite leave to remain will be for 5 years residency as a business person. In doing so, you will need to meet the continuous residency requirements, must not fall for refusal under general grounds of refusal, meet the knowledge of life requirements and demonstrate that you have been running the business throughout the periods of residency in the UK.
Taking legal advice on a Turkish worker or Turkish business person visa
ICS Legal can provide legal advice to you if you are a Turkish national and intend to apply on either visa categories. Both categories require information and specified evidences in line with the ECAA regulations. Call us today on 0207 237 3388 or email us at firstname.lastname@example.org.
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