Understanding the Ankara Agreement ECAA for Turkish Nationals
The Ankara Agreement ECAA (European Community Association Agreement) remains one of the most significant immigration routes for Turkish nationals seeking to establish businesses or work in the UK. Despite Brexit fundamentally changing the UK’s relationship with European agreements, existing Turkish nationals continue to benefit from this historic treaty, which provides unique opportunities unavailable to other non-UK nationals.
The agreement, originally signed between Turkey and the European Economic Community in 1963, became applicable to the UK when it joined the EEC in 1973. This created a special framework that allows Turkish nationals to establish businesses and work in the UK under more favourable conditions than standard immigration routes, though the route closed to new applicants following Brexit.
The current framework operates under Appendix ECAA of the UK Immigration Rules, which provides clear pathways for extensions and settlement for existing holders. The official Immigration Rules maintain the essential benefits of the original agreement while establishing structured settlement requirements.
Table of Contents
Legal Framework and Historical Context
The Ankara Agreement ECAA derives its authority from several key legal instruments that continue to shape Turkish nationals’ rights in the UK:
Foundation Documents
- Article 13 of the ECAA: Removes restrictions on freedom of establishment, allowing Turkish nationals to establish businesses and provide services
- Article 41 (Standstill Clause): Prevents member states from imposing new restrictions that are more stringent than those in place when the UK joined the EEC in 1973
- 1973 Business Rules: Domestic UK regulations that govern Turkish business applications, offering more flexible requirements than current business immigration routes
- 1980 Decision 1/80: Additional protocol governing Turkish workers’ progressive acquisition of residence rights
Key Legal Precedents
Several landmark court cases have shaped the current understanding and application of Ankara Agreement ECAA provisions:
- Tum and Dari v Secretary of State (C-16/05): European Court of Justice case establishing that EU member states cannot impose new limitations on Turkish nationals’ freedom of establishment
- Aydogdu v SSHD [2017] UKUT 167: Upper Tribunal case that led to suspension of settlement applications in March 2018
- Bektas Alagoz [2017] CSOH 27: Scottish case confirming the Home Office’s ability to vary settlement rules while complying with the agreement
Current Status Post-Brexit
Following the UK’s departure from the European Union, the status of Turkish nationals under the Ankara Agreement ECAA has evolved significantly. While new applications are no longer possible, the UK has preserved the rights of existing holders through specific provisions in the Immigration Rules.
Who Can Still Apply
The route remains available for specific categories of applicants:
- Existing Holders: Turkish nationals who held valid ECAA permission as of 31 December 2020 can apply for extensions under the same category
- Dependent Children: Children under 21 can still apply to join family members who hold ECAA status, regardless of whether they previously held leave under the route
- Existing Partners: Spouses and partners who were dependants as of 31 December 2020 can apply for extensions but new partners cannot apply from outside the UK
- Settlement Applicants: All existing ECAA holders and their qualifying family members can apply for indefinite leave to remain after five years
Application Forms and Procedures
Since the end of the transition period, specific application procedures apply to ECAA extensions and settlement applications. The Home Office guidance on ECAA extensions provides detailed information on current application requirements and forms.
ECAA Business Route: Requirements and Benefits
The ECAA business route offers Turkish nationals unique opportunities to establish and operate businesses in the UK under significantly more favourable conditions than standard business immigration routes.
Eligibility Requirements for ECAA Business Applications
To qualify for an ECAA business application or extension, Turkish nationals must demonstrate:
- Genuine Business Intention: Sincere intention to establish a viable business in the UK or continue operating an existing business
- Necessary Skills and Capacity: Demonstrated ability and experience to successfully establish and operate the proposed business
- Adequate Funding: Sufficient funds proportionate to their interest in the business, though no minimum investment amount is specified
- Self-Sufficiency: Ability to support themselves and any dependants from business profits without recourse to employment or public funds
- Compliance with Immigration Law: No history of breaching UK immigration laws or other circumstances leading to refusal under general grounds
Key Advantages of the ECAA Business Route
The ECAA business route offers several unique benefits that distinguish it from other UK business immigration options:
- No Minimum Investment: Unlike other business routes requiring substantial capital (£50,000-£200,000), the ECAA route has no minimum investment threshold
- No English Language Requirement: Applications are not subject to mandatory English language testing requirements
- Free Applications: Extension applications under the ECAA route are currently free of charge
- Health Surcharge Exemption: ECAA applicants are exempt from the Immigration Health Surcharge
- Business Flexibility: No restrictions on business type, including property-related businesses that are restricted under other routes
- Investment in Existing Businesses: Permitted to join existing partnerships or companies, unlike some other business routes
Business Plan and Documentation Requirements
While the 1973 rules governing ECAA business applications do not specify formal documentation requirements, practical application success requires comprehensive preparation:
- Business Plan: Detailed plan demonstrating business viability, market analysis, and financial projections, though not formally required by the 1973 rules
- Financial Evidence: Bank statements, funding commitments, or evidence of available capital proportionate to business requirements
- Market Research: Evidence of market demand, competitive analysis, and business opportunity validation
- Qualifications and Experience: Documentation of relevant business experience, qualifications, and capability to operate the proposed business
- Personal Expenditure Evidence: Demonstration of living costs and ability to support family members from business profits
Extension Requirements and Timelines
ECAA business holders receive initial permission for 12 months, with subsequent extensions typically granted for three years. Extension requirements include:
- Established Business: Evidence that the business has been successfully established and is operational
- Adequate Funding: Continued availability of sufficient funds to operate the business effectively
- Profitable Operations: Business generating sufficient profits to support the applicant and family members without additional employment
- Business Accounts: Formal business accounts or detailed financial records demonstrating business performance
ECAA Worker Route: Employment Progression and Rights
The ECAA worker route provides Turkish nationals with a structured pathway to long-term employment and eventual settlement in the UK, with progressive rights that increase over time.
Initial Worker Requirements
To qualify for ECAA worker status, Turkish nationals must:
- Existing Valid Leave: Hold valid permission that allows legal employment in the UK (such as Tier 2, Skilled Worker, or other work categories)
- Continuous Employment: Have worked for the same employer for at least one continuous year preceding the application
- Legal Compliance: No breaches of UK immigration laws or conditions of previous permission
- Employer Sponsorship: Continued employment with the sponsoring employer during the application process
Progressive Employment Rights
ECAA worker status provides increasing employment flexibility over time:
- Years 1-3: Must work for the same employer who sponsored the initial application
- After 3 Years: Can change employers within the same profession or occupation
- After 4 Years: Can work in any occupation with any employer, providing complete employment flexibility
- Settlement Eligibility: Can apply for indefinite leave to remain after five years of continuous residence
Extension Requirements for Workers
ECAA worker extensions require demonstration of continued lawful employment and compliance with work requirements specific to their stage of progression under the route.
Settlement Pathway: Indefinite Leave to Remain Requirements
Both ECAA business persons and workers can apply for indefinite leave to remain (settlement) after meeting specific residency and other requirements. The official settlement guidance provides comprehensive information on current requirements and application procedures.
Core Settlement Requirements
All ECAA settlement applicants must meet the following fundamental requirements:
- Five Years Continuous Residence: Completed five years of lawful residence in the UK under qualifying categories
- Current ECAA Status: Most recent period of leave must have been granted under the ECAA worker or business route
- Knowledge Requirements: Demonstrated sufficient knowledge of English language and life in the UK in accordance with Appendix KoLL
- Financial Independence: Ability to support family members without recourse to public funds
- Good Character: No circumstances leading to refusal under general grounds for refusal
- Immigration Compliance: No current breaches of immigration laws or overstaying
Qualifying Periods and Categories
The five-year qualifying period can include time spent in various immigration categories, provided the most recent leave was under the ECAA route:
- ECAA Worker or Business Person: Time spent under either ECAA category counts toward the qualifying period
- Tier 2 Categories: Previous time as Tier 2 (General), Tier 2 (Minister of Religion), or Tier 2 (Sportsperson) migrants
- Work Permit Holders: Time spent under the previous work permit system
- Skilled Worker Route: Recent time under the current Skilled Worker immigration route
Family Member Settlement Provisions
Dependent family members can also apply for settlement, though requirements vary depending on their relationship to the main applicant:
Partner Settlement Requirements
- Five Years Continuous Residence: Must have lived continuously with the ECAA sponsor for five years
- Relationship Requirements: Ongoing genuine relationship as spouse, civil partner, or unmarried partner
- English Language and Knowledge of Life: Must meet the same KoLL requirements as main applicants
- General Grounds: Must not fall for refusal under character or conduct provisions
Child Settlement Provisions
- Automatic Grant: Children typically granted ILR in line with the main applicant where relevant criteria are met
- Age Requirements: Must be under 18 or demonstrate continued dependency if over 18
- Family Unit: Must remain part of the family unit and not be leading an independent life
- Parental Settlement: Both parents must have settlement or be granted it simultaneously unless exceptional circumstances apply
Application Process and Current Procedures
The application process for ECAA extensions and settlement follows specific procedures established for Turkish nationals, with particular requirements that differ from other immigration routes.
Extension Application Process
ECAA extension applications must use updated forms and procedures introduced following Brexit:
- Application Forms: Must use updated ECAA-specific application forms introduced after 31 December 2020
- Supporting Documentation: Business accounts, employment records, and evidence of continued compliance with route requirements
- Biometric Requirements: Provision of biometric information (fingerprints and photograph) as part of the application process
- No Application Fee: ECAA extension applications currently remain free of charge
- Processing Times: Standard processing times apply, though priority services may be available
Settlement Application Requirements
Settlement applications under the ECAA route involve more comprehensive documentation and higher fees:
- Application Fee: £3,029 per person for indefinite leave to remain applications
- Biometric Information: Fingerprints and photograph required for each applicant at no additional cost
- English Language Test: Approved English language qualification demonstrating B1 level proficiency or above
- Life in the UK Test: Successful completion of the official Life in the UK test
- Processing Time: Standard processing time of six months from application submission
- Travel Restrictions: Must not travel outside the UK, Ireland, Channel Islands, or Isle of Man during processing
Required Documentation for Settlement
Comprehensive documentation is essential for successful settlement applications:
- Passport and Immigration History: Valid Turkish passport and complete immigration history showing qualifying periods
- Continuous Residence Evidence: Documentation proving continuous lawful residence for five years
- Employment or Business Records: Comprehensive evidence of employment or business activities throughout the qualifying period
- Financial Independence: Bank statements and financial records demonstrating ability to support family members
- Relationship Evidence: Marriage certificates, birth certificates, and other documentation for family member applications
Key Court Cases and Policy Evolution
Understanding the legal and policy evolution of the Ankara Agreement ECAA route is crucial for current applicants, as court decisions and policy changes have significantly shaped the current framework.
The 2017 Settlement Crisis
Two pivotal court cases in 2017 fundamentally changed the settlement landscape for Turkish nationals:
- R(Aydogdu) v SSHD [2017] UKUT 167: Upper Tribunal confirmed that the ECAA standstill clause does not automatically confer settlement rights for Turkish business persons
- Bektas Alagoz [2017] CSOH 27: Scottish Court of Session upheld the Home Office’s authority to vary settlement rules while maintaining compliance with the agreement
Policy Response and Current Framework
Following these court decisions, the Home Office implemented significant policy changes:
- March 2018: Suspension of settlement applications for Turkish business persons and their dependants
- July 2018: Introduction of Appendix ECAA providing structured settlement pathway after five years
- December 2020: Preservation of ECAA rights for existing holders following Brexit transition
- Current Position: Stable framework under Appendix ECAA Settlement with clear requirements and procedures
Protected Rights and Future Prospects
Despite Brexit and the closure to new applicants, existing ECAA holders retain significant protections:
- Preserved Extension Rights: Existing holders can continue extending their permission under the same favourable conditions
- Settlement Pathway: Clear route to indefinite leave to remain after five years under current Immigration Rules
- Family Rights: Dependent children under 21 can still join ECAA holders, and existing family members retain extension rights
- Citizenship Prospects: Settlement leads to eligibility for British citizenship after 12 months of indefinite leave to remain
Comparison with Other Business Immigration Routes
The ECAA route’s unique advantages become clear when compared with current UK business immigration options available to other nationalities:
Comparison of UK Business Immigration Routes
| Route | Investment Requirement | English Language | Application Fee | Settlement Timeline |
|---|---|---|---|---|
| ECAA Business (Turkish) | No minimum | Not required | Free | 5 years |
| Innovator Founder | No minimum | B2 required | £1,274 | 3 years |
| Self-Sponsorship | Variable | B1 required | £719-£1,423 | 5 years |
| Representative of Overseas Business | Employer funded | B1 required | £719 | 5 years |
Professional Legal Assistance and Strategic Advice
Given the complex legal history and unique requirements of the Ankara Agreement ECAA route, professional legal assistance is often essential for successful navigation of extensions and settlement applications.
When to Seek Professional Advice
- Complex Business Structures: Applications involving partnerships, multiple businesses, or complex financial arrangements
- Previous Refusals: Cases where previous applications have been refused or where immigration history is complex
- Settlement Applications: Given the high stakes and fees involved in settlement applications, professional guidance maximises success prospects
- Family Complications: Complex family circumstances involving multiple dependants or relationship changes
- Business Viability Concerns: Cases where business performance may not clearly meet extension requirements
Frequently Asked Questions
Can Turkish nationals still apply for new Ankara Agreement ECAA visas?
No, the Ankara Agreement ECAA route closed to new applicants on 31 December 2020 following Brexit. Only Turkish nationals who held valid ECAA permission as of that date can apply for extensions, plus children under 21 who can still join family members.
How much does an ECAA extension application cost?
ECAA extension applications are currently free of charge, and applicants are also exempt from the Immigration Health Surcharge. However, settlement applications cost £3,029 per person.
What is the minimum investment required for ECAA business applications?
There is no minimum investment requirement for ECAA business applications. Applicants must only demonstrate sufficient funds proportionate to their interest in the business and ability to support themselves from business profits.
How long does it take to get settlement under the ECAA route?
ECAA workers and business persons can apply for indefinite leave to remain after five years of continuous lawful residence in the UK, with the most recent period being under the ECAA route. Settlement applications typically take six months to process.
Can ECAA workers change employers freely?
ECAA workers gain employment flexibility progressively: they must work for the same employer for the first three years, can change employers within the same profession after three years, and can work in any occupation with any employer after four years.
Do ECAA applicants need to pass English language tests?
ECAA extension applications do not require English language tests. However, settlement applicants must demonstrate English language knowledge (B1 level) and pass the Life in the UK test as part of their indefinite leave to remain application.
Can family members of ECAA holders apply for settlement?
Yes, dependent partners must complete five years of continuous residence and meet English language requirements. Children are typically granted settlement in line with their parents where criteria are met. Each family member must submit a separate application with individual fees.
What happens if an ECAA business fails or becomes unprofitable?
If a business experiences difficulties, extensions may be granted for shorter periods (12 months instead of three years) to allow recovery. However, the business must generate sufficient profits to support the applicant without additional employment. Persistent business failure may lead to refusal of extensions.
Expert Ankara Agreement ECAA Legal Support
✓ ECAA Extension Applications
Expert assistance with business and worker extension applications, ensuring compliance with complex requirements
✓ Settlement Strategy and Applications
Comprehensive support for indefinite leave to remain applications with strategic preparation and documentation
✓ Business Compliance and Planning
Strategic advice on business structures, compliance requirements, and maximising settlement prospects
The Ankara Agreement ECAA route offers unique opportunities for Turkish nationals, but success requires expert navigation of complex legal and procedural requirements.
With extensions leading to settlement and eventual British citizenship, professional legal guidance ensures optimal outcomes for this valuable immigration route.
Contact Connaught Law Limited for specialist advice on ECAA applications, business compliance, and settlement strategy. Our experienced immigration team provides comprehensive support for Turkish nationals navigating this unique route.
