Visas: Turkey

Home Office written question – answered at on 11 September 2018.

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Photo of Caroline Lucas Caroline Lucas Co-Leader of the Green Party

To ask the Secretary of State for the Home Department, pursuant to the Answer of 19 April 2018 to Question 136142 on Visas: Turkey, if he will make it his policy to extend the transitional arrangements for Turkish business people who applied for settlement before 16 March 2018 to holders of a European Community Association Agreement visa for Turkish business persons that did not apply for settlement before that date, but who have been living in the UK for up to four years under the immigration rules in force since 1973.

Photo of Caroline Nokes Caroline Nokes The Minister for Immigration

New Immigration Rules were announced on 15 June that enable Turkish business persons, workers and their family members who are in the UK under the European Communities Association Agreement (ECAA) to apply for indefinite leave to remain (ILR). The new rules which took effect from 6 July, mean that Turkish workers and business persons can now apply to settle in the UK after five years’ residence as an ECAA business person or ECAA worker (or in equivalent Points Based System routes, as long as the most recent period of leave was under the ECAA).

In the case of Aydogdu, the Upper Tribunal confirmed that the ECAA “standstill clause” under which 1973 Immigration Rules are applied to Turkish businesspersons did not apply to ILR in the UK, as ILR is not necessary to give effect to the UK’s obligations under the ECAA. The Government does not intend to extend transitional provisions to those Turkish business persons resident in the UK but who did not apply for settlement before 16 March 2018 because it is open to them either to apply for ILR under the new rules, or to extend their limited leave to remain as an ECAA business person free of charge.

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