Immigration Rules Appendix ECAA: Extension of Stay
Appendix ECAA: Extension of Stay
This route is for ECAA workers, business persons and their family members who are in the UK and already hold permission in that capacity and are seeking an extension of their permission.
It also covers children of ECAA workers and business persons who can apply for entry clearance to come to the UK as a dependent child.
A person with permission on the ECAA route can apply for settlement under Appendix ECAA Settlement.
- ECAA 1.1. A person applying for permission to stay on the ECAA route must apply online on the gov.uk website on the specified form “Turkish Businessperson or Worker”.
- ECAA 1.2. An application for permission to stay as an ECAA worker or ECAA business person must meet all the following requirements:
- (a) the applicant must be a Turkish national; and
- (b) the applicant must have provided any required biometrics; and
- (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality: and
- (d) the applicant must be in the UK.
- ECAA 1.3. An application which does not meet all the validity requirements for the ECAA Extension of Stay route may be rejected as invalid and not considered.
- ECAA 2.1. The suitability requirement for the ECAA Extension of Stay route will be met unless:
- (a) the applicant is an ECAA worker, and in respect of conduct before 11pm on 31 December 2020, the decision maker considers it is proportionate to refuse the application on grounds of public policy, public security or public health in accordance with Article 14 of Decision 1/80; or
- (b) the applicant is a Turkish business person, and in respect of conduct before 11pm on 31 December 2020, the application is refused on grounds that it is undesirable to grant it in the light of the applicant’s character, conduct or associations as set out in paragraph 4 of HC510; or
- (c) in respect of conduct after 11pm on 31 December 2020, the applicant falls for refusal as provided for in Section 1 of Part 9 of these rules or ECAA 2.2.
- ECAA 2.2. If applying for permission to stay and in respect of conduct after 11pm on 31 December 2020, the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
ECAA worker requirement for the ECAA route
- ECAA 3.1. To meet the ECAA worker requirement the applicant must:
- (a) have permission as an ECAA worker; and
- (b) have been lawfully employed in the UK for at least 3 years with the same employer; or
- (c) have been lawfully employed in the UK for at least 4 years, including at least 3 years with the same employer and the remaining time in the same occupation.
- ECAA 3.2. The applicant must show that they will continue to be employed in the UK throughout the period of permission requested.
- ECAA 3.3. The requirements in ECAA 3.1.and ECAA 3.2. must be proved by evidence that the applicant:
- (a) holds a valid employment contract with the employer; and
- (b) continues to receive payment for services as part of that contract.
- ECAA 3.4. For the purposes of ECAA 3.1. the following absences will be treated as periods during which the applicant was lawfully employed:
- (a) annual holidays; and
- (b) statutory maternity leave, paternity leave or shared parental leave; and
- (c) statutory adoption leave; and
- (d) sick leave (up to 6 weeks in any 12 months, or longer if there are compelling circumstances); and
- (e) absence due to an accident at work; and
- (f) periods of involuntary unemployment (provided that the applicant registered with the relevant employment authorities and made a reasonable effort to re-join the workforce); and
- (g) jury service; and
- (h) attending court as a witness.
ECAA Business person requirement for the ECAA route
- ECAA 4.1. To meet the ECAA business person requirement, the applicant must meet all the following requirements:
- (a) the applicant must have permission as an ECAA business person; and
- (b) the applicant must have established, or intend to establish, take over or become a partner or director of, one or more genuine businesses in the UK; and
- (c) the business or businesses must be viable; and
- (d) the applicant must genuinely intend to operate, or have genuinely operated, one or more businesses in the UK.
- ECAA 4.2. The applicant must:
- (a) provide evidence that they have invested, or will invest, sufficient funds or assets in the business or businesses in proportion to their interest in the business or businesses; and
- (b) demonstrate that those funds or assets are, and continue to be, their own; and
- (c) demonstrate they can meet their share of the liabilities which the business or businesses may incur; and
- (d) demonstrate that their part in the business or businesses does not amount to disguised employment; and
- (e) demonstrate that their share of the profits of the business is enough to support themselves and any dependants; and
- (f) if they are joining an existing business, provide:
- (i) a written statement of the terms and conditions on which they are joining the business; and
- (ii) accounts for the existing business for the 12 months before the date of application; and
- (iii) evidence that there is a genuine need for their services and investment.
- ECAA 4.3. In assessing whether the requirements in ECAA 4.1. and ECAA 4.2. are met, the factors that will be considered include the following:
- (a) the viability and credibility of the source of the money being used to set up or invest in the business or businesses; and
- (b) evidence of a credible time frame (lasting no more than 11 months) of when money that has not yet been invested in the business or businesses will be invested; and
- (c) the credibility of the financial accounts of the business or businesses; and
- (d) the credibility of the applicant’s proposed business activity in the UK; and
- (e) if the nature of the business requires mandatory accreditation, registration or insurance, whether the accreditation, registration or insurance have been obtained.
- ECAA 5.1. If the decision maker is satisfied that the suitability requirements are met, and either the eligibility requirements for either an ECAA worker or an ECAA business person are met, the application will be granted; otherwise, the application will be refused.
- ECAA 6.1. If the applicant meets the ECAA worker requirement and meets the requirement in ECAA 3.1.(a), and 3.1.(b) but does not meet the requirement in ECAA 3.1.(c), they will be granted permission to stay for up to 12 months.
- ECAA 6.2. If the applicant meets the ECAA worker requirement and meets the requirement in ECAA 3.1.(c), they will be granted permission to stay for up to 36 months.
- ECAA 6.3. If the applicant meets the ECAA business person requirement, they will be granted permission to stay for up to 36 months.
- ECAA 6.4. The grant will be subject to all the following conditions:
- (a) if the applicant meets the ECAA worker requirement and has been lawfully employed in the UK for less than 4 years, work is allowed only for the applicant’s current employer, or in the same occupation with a different employer; and
- (b) if the applicant meets the ECAA business person requirement, work is allowed only for the business or businesses the applicant has established, joined or taken over (but not as an apprentice); and
- (c) no access to public funds (subject to any bi-lateral agreements); and
- (d) study is permitted, subject to the ATAS condition in Appendix ATAS.
- (e) DELETED
- ECAA 6.5. If the application is refused the person can apply for an administrative review under Appendix AR.
Validity requirements for dependent partner and dependent child on the ECAA Extension of Stay route
- ECAA 7.1. A child applying for entry clearance or permission to stay, and a partner applying for permission to stay (a partner must already be in the UK and cannot apply for entry clearance), as a dependant on the ECAA Extension of Stay route must apply online on the gov.uk website on the following specified forms:
| Location of partner or child | Specified form |
|---|---|
| Outside the UK, for a child applying for entry clearance | “Join or accompany a family” on the “Find and apply for other visas from outside the UK” form |
| Inside the UK, for a partner or child applying for permission to stay | If applying at the same time as the ECAA worker, on the form “Turkish Businessperson or Worker” If applying separately, - Dependant partner of a Turkish Businessperson or Worker (ECAA 3 - Dependant Partner), - Dependant child of a Turkish Businessperson or Worker (ECAA 3 - Dependant Child) |
- ECAA 7.2. An application for entry clearance or permission to stay by a dependant on the ECAA route must meet all the following requirements:
- (a) the applicant must have provided any required biometrics; and
- (b) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
- (c) where the applicant is applying for permission to stay as a dependent partner they must be in the UK and have permission to stay as a dependent partner on the ECAA route.
- ECAA 7.3. An application which does not met all the validity requirements for a partner or child on the ECAA Extension of Stay route may be rejected as invalid and not considered.
Suitability requirements for dependent partner and dependent child on the ECAA Extension of Stay route
- ECAA 8.1. The suitability requirements for entry clearance for a dependent child will be met unless the applicant falls for refusal under Part 9: grounds or refusal.
- ECAA 8.2. The suitability requirement for permission to stay as a dependent partner or dependent child on the ECAA Extension of Stay route will be met unless:
- (a) the applicant is the dependant of a Turkish Worker, and in respect of conduct committed before 11pm on 31 December 2020, the decision maker considers it is proportionate to refuse the application on grounds of public policy, public security or public health in accordance with Article 14 of Decision 1/80; or
- (b) the applicant is the dependent of a Turkish business person, and in respect of conduct committed before 11pm on 31 December 2020, the application is refused on grounds that it is undesirable to grant the application in the light of the applicant’s character, conduct or associations as set out in paragraph 4 of HC 510; or
- (c) in respect of conduct committed after 11pm on 31 December 2020, the applicant falls for refusal as provided for under Section 1 of Part 9 of these rules or ECAA 8.3. applies.
- ECAA 8.3. If applying for permission to stay the applicant must not be:
- (a) in breach of immigration laws, except that, where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Eligibility requirements for a dependent partner or child on the ECAA Extension of Stay route
Entry requirement for a dependent child on the ECAA Extension of Stay route
- ECAA 9.1. A person seeking to come to the UK as a dependent child must apply for and obtain entry clearance as a dependent child on the ECAA Extension of Stay route before they arrive in the UK.
- ECAA 9.2. A person applying for entry clearance as a partner or child on the ECAA Extension of Stay route must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Relationship requirement for a dependent partner on the ECAA Extension of Stay route
- ECAA 10.1. The applicant must be the partner of a person (P) and P must have permission as an ECAA worker or ECAA business person on the ECAA route.
- ECAA 10.2. If the applicant and the ECAA Worker or ECAA business person partner are unmarried partners, all of the following requirements must be met:
- (a) they must both be aged 18 or over on the date of application; and
- (b) any previous relationship of the applicant or their ECAA Worker or ECAA business person partner with another person must have permanently broken down; and
- (c) the applicant and their ECAA Worker or ECAA business person partner must not be so closely related that they would not be allowed to marry or form a civil partnership in the UK.
- ECAA 10.3. The relationship between the applicant and their ECAA worker or ECAA business person partner must be genuine and subsisting.
- ECAA 10.4. The applicant and their ECAA worker or ECAA business person partner must intend to live together throughout the applicant’s stay in the UK.
Relationship requirement for a dependent child on the ECAA Extension of Stay route
- ECAA 11.1. The applicant must be the child of a person (P) who has permission as an ECAA Worker or ECAA business person on the ECAA route, or a person who is the partner of P.
- ECAA 11.2. The applicant’s parents must each be either applying for permission, or be present in the UK with permission (other than as a visitor) on the ECAA route unless:
- (a) the parent with permission on the ECAA route is the sole surviving parent; or
- (b) the parent with permission on the ECAA route has sole responsibility for the applicant’s upbringing; or
- (c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant entry clearance or permission to stay, to live with the parent who has permission on the ECAA route.
Age requirement for a dependent child on the ECAA Extension of Stay route
- ECAA 12.1. The applicant must be under the age of 21 at the date of application, unless they were last granted permission as the dependent child of their parent on the ECAA route.
- ECAA 12.2. The applicant must not be leading an independent life.
Care requirement for a dependent child on the ECAA Extension of Stay route
- ECAA 13.1. If the applicant is under the age of 18 at the date of application there must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK legislation and regulations.
Financial requirement for a dependent partner or dependent child on the ECAA Extension of Stay route
- ECAA 14.1. There must be adequate accommodation provided by the ECAA worker or ECAA business person for the applicant.
- ECAA 14.2. Where the applicant is the dependent of an ECAA business person, the profits of the business or businesses must be sufficient to maintain the applicant and any other dependents in the UK.
Decision for a dependent partner or dependent child on the ECAA route
- ECAA 15.1. If the applicant meets the suitability requirements and meets the eligibility requirements for either a dependent partner or dependent child on the ECAA Extension of Stay route, the application will be granted; otherwise the application will be refused.
Period and conditions of grant for a dependent partner or dependent child on the ECAA Extension of Stay route
- ECAA 16.1. The grant will be for a period which ends on the same day as the permission of the ECAA worker or ECAA business person on the ECAA route.
- ECAA 16.2. The grant will be subject to all the following conditions:
- (a) no access to public funds (subject to any bi-lateral agreement); and
- (b) work is permitted; and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
- (d) DELETED
- ECAA 16.3. If the application is refused, the person can apply for an Administrative Review under Appendix AR