Ankara Agreement Visa has some turmoil in relation to Article 50 and Brexit and many of our clients are asking how they can obtain settlement status in the UK.
- Who can be qualified for Settlement status in ECAA visa?
In order for a Turkish ECAA business person to be granted indefinite leave to remain in this category, the following criteria need to be met.
- be a Turkish ECAA business person;
- have resided in the UK for a continuous period of 5 years under either the Turkish ECAA business person category, the Tier 1 (Entrepreneur) category or a combination thereof;
- have last been granted leave as a Turkish ECAA business person;
- meet the knowledge of English language and life in the UK requirement in Appendix KOLL;
- continue to run the business(s) s/he relies upon to be regarded as a Turkish ECAA business person and intends to continue running a viable business in the UK;
- have been able to support any family members with them without recourse to public funds to which they are not entitled;
- not fall for refusal under the General Grounds for Refusal.
- When Applicant can apply for Indefinite Leave to Remain?
Applicant can apply for ILR up to 28 days before you will reach the end of the qualifying period. If you apply earlier than that, your application may be refused. The qualifying period will be 5 years immediately before the date you apply for ILR or the 5 years immediately before the date the ILR application is decided, depending on which is most beneficial for the applicant. If you have spent more than the required time in the United Kingdom, then Home Office should only consider the most recent 5 years as applicable.
- What is qualifying period on Ankara Visa?
An applicant may only qualify under the ILR route for ECAA business persons if you have spent a continuous period of 5 years in the UK, of which the most recent period of leave must be as a Turkish ECAA business person and the rest made up of a combination of leave as either:
- a Turkish ECAA business person
- a Tier 1 (Entrepreneur) migrant
This means that you must have been resident in the UK, with valid leave in one of the above categories, for an unbroken period of 5 years.
- How Home Office calculating the continuous period?
The continuous period is to be calculated to end on whichever of the following dates is most beneficial to the applicant:
- the date of application
- the date of decision
- any date up to 28 days after the date of application – this means that an applicant may apply up to 28 days in advance of accruing their 5-year continuous period
- How many days the applicant must be in the UK during the 5-year period
Applicants applying for ILR are able to have up to 180 days of absence from the UK in a 12-month period during each year of the qualifying period.
When calculating whether the individual has had 5 years’ unbroken residence in the UK, the following factors must be considered:
- the applicant must not have been absent from the UK for more than 180 days during any 12-month period during the continuous period:
- however, any absence from the UK which is for the purpose of assisting with a national or international humanitarian or environmental crisis overseas shall not count towards the 180-day limit
- it is for the applicant to provide sufficient evidence to satisfy the Secretary of State that their absence from the UK was for this purpose
- if the applicant has left the UK and returned during the qualifying period, then they must have had existing leave to enter or remain upon their departure and return. There are 2 exceptions to this requirement:
- if the individual’s leave lapsed while they were outside the United Kingdom, then provided they made a further application for entry clearance within 28 days of that leave lapsing and prior to 6 July 2018 and that application was subsequently granted, the period without leave shall be disregarded if, after 6 July 2018, the applicant makes an application for further entry clearance during a period in which they have continuing limited leave which is subsequently granted, the period spent outside the UK with continuing leave and pending the applicant’s re-entry into the UK shall be disregarded
- periods of overstaying will be disregarded only in the circumstances detailed in the Overstaying: exceptions section.
Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).
For further information or to discuss your personal circumstances in a private consultation, please contact us at firstname.lastname@example.org or call +44 207 993 63 46