Immigration Rules Appendix ECAA Settlement

ECAA nationals and settlement

Appendix ECAA: ECAA Nationals and settlement

PART ECAA 1. DEFINITIONS

ECAA 1.1. DELETED

ECAA 1.1. Unless the contrary intention is expressed in this Appendix, the definitions in paragraph 6 of the Immigration Rules shall apply to this Appendix.

PART ECAA 2. CONTINUOUS PERIODS LAWFULLY IN THE UK

ECAA 2.1. References to a “continuous period” “lawfully in the UK” for the purposes of this Appendix mean residence in the UK for an unbroken period with valid leave, and for these purposes a period shall be considered unbroken where:

  1. (a) the applicant has not been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that any absence from the UK for the purpose of:
    1. (i) assisting with a national crisis; or
    2. (ii) assisting with an international humanitarian or environmental crisis overseas; or
    3. (iii) as a result of travel restrictions or serious illness, shall not count towards the 180 days, if the applicant provides evidence that this was the reason of the absence(s);
  2. (b) the applicant has existing limited leave to enter or remain upon their departure and return except that:
    1. (i) where that leave expired no more than 28 days prior to a further application for entry clearance which was made before 6 July 2018 and subsequently granted, that period and any period pending the applicant’s re-entry into the United Kingdom shall be disregarded; and
    2. (ii) where, on or after 6 July 2018, the applicant makes a further application for entry clearance during the currency of continuing limited leave which is subsequently granted, the period spent outside the UK with continuing leave and any period pending the applicant’s re-entry into the United Kingdom shall be disregarded; and
  3. (c) the applicant has any current period of overstaying disregarded where paragraph 39E of the Immigration Rules applies; and
  4. (d) DELETED.

ECAA 2.2. Except for periods where the applicant had leave as:

  1. (a) an ECAA business person;
  2. (b) a Tier 1 Migrant other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant; or
  3. (c) a Tier 1 (Entrepreneur) Migrant;

any absences from the UK during the relevant qualifying period must have been for a purpose that is consistent with the applicant’s basis of stay here, including paid annual leave, or for serious or compelling reasons.

ECAA 2.3. The continuous period will be considered as ending on whichever of the following dates is most beneficial to the applicant:

  1. (a) the date of application;
  2. (b) the date of decision; or
  3. (c) any date up to 28 days after the date of application

ECAA 2.4. References to a continuous period spent with valid leave in the UK include time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, where that leave was granted for an equivalent purpose to one of the categories stated in the relevant paragraph, provided that the most recent period prior to the date of application was spent in the UK with valid leave in the relevant category.

PART ECAA 3. REQUIREMENTS FOR ECAA WORKERS APPLYING FOR INDEFINITE LEAVE TO REMAIN

ECAA 3.1. The requirements for indefinite leave to remain to be granted to an ECAA worker are that the applicant must:

  1. (a) be an ECAA worker; and
  2. (b) have resided lawfully in the UK for a continuous period of 5 years, of which the most recent period of leave must have been as an ECAA worker, in any combination of the following categories:
    1. (i) an ECAA worker;
    2. (ii) as a Tier 2 (General Migrant);
    3. (iii) as a Tier 2 (Minister of religion) Migrant;
    4. (iv) as a Tier 2 (Sportsperson) Migrant; or
    5. (v) as a work permit holder; and
  3. (c) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
  4. (d) have been able to support any family members with them without recourse to public funds to which they are not entitled; and
  5. (e) not fall for refusal under Part 9: grounds

Indefinite leave to remain as an ECAA worker

ECAA 3.2. Indefinite leave to remain will be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph ECAA 3.1 are met.

Refusal of indefinite leave to remain as an ECAA worker

ECAA 3.3. Indefinite leave to remain for ECAA workers is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph ECAA 3.1 are met.

PART ECAA 4. REQUIREMENTS FOR ECAA BUSINESS PERSONS APPLYING FOR INDEFINITE LEAVE TO REMAIN

ECAA 4.1. The applicant must:

  1. (a) be an ECAA business person; and
  2. (b) have resided lawfully in the UK for a continuous period of five years, of which the most recent period of leave must have been as an ECAA business person, in any combination of the following categories:
    1. (i) the ECAA business person; or
    2. (ii) the Tier 1 (Entrepreneur) Migrant category; and
  3. (c) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
  4. (d) not fall for refusal under Part 9: grounds for refusal; and
  5. (e) be relying on a business which meet (s) the requirements under paragraph ECAA 4.2.
  6. (e) DELETED.

ECAA 4.2. The Secretary of State must be satisfied on the balance of probabilities that:

  1. (a) the applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while he had leave as an ECAA business person; and
  2. (b) the business or businesses upon which they are relying on for any of the qualifying period is/are viable; and
  3. (c) the applicant genuinely intends to continue operating one or more businesses in the UK.

ECAA 4.3. In making the assessment in ECAA 4.2, the Secretary of State may take into account the following factors:

  1. (a) the evidence the applicant has submitted;
  2. (b) the viability and credibility of the source of the money used to set up or invest in the business or businesses;
  3. (c) the credibility of the financial accounts of the business or businesses;
  4. (d) the credibility of the applicant’s business activity in the UK, including when they had leave as an ECAA business person;
  5. (e) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
  6. (f) any other relevant information.

ECAA 4.4. The Secretary of State may request additional information and evidence to support the assessment in paragraph ECAA 4.3, and may refuse the application if the information or evidence requested is not received by the Secretary of State at the address specified in the request within 28 calendar days of the date of the request.

Indefinite leave to remain as an ECAA business person

ECAA 4.5. Indefinite leave to remain will be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph ECAA 4.1 are met.

Refusal of indefinite leave to remain as an ECAA business person

ECAA 4.6. Indefinite leave to remain for ECAA business persons is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph ECAA 4.1. are met.

PART ECAA 5. REQUIREMENTS FOR CHILDREN OF ECAA WORKERS OR ECAA BUSINESS PERSONS APPLYING FOR INDEFINITE LEAVE TO REMAIN

ECAA 5.1. The Secretary of State must be satisfied that:

  1. (a) the applicant is the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
    1. (i) an ECAA worker or ECAA business person; or
    2. (ii) the spouse, civil partner or unmarried partner of an ECAA worker or ECAA business person; and
  2. (b) the applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the ECAA Worker or Business Person, or the partner of an ECAA Worker or Business Person who is being granted indefinite leave to remain.
  3. (c) the applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if they are over the age of 21 on the date the application is made, they must provide the specified documents and information in paragraph 319H-SD (except that references to the Relevant Points Based System Migrant are read to mean the ECAA worker or ECAA business person) to show that this requirement is met.
  4. (d) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
    1. (i) the ECAA worker or business person is the applicant’s sole surviving parent; or
    2. (ii) the ECAA worker or business person parent has and has had sole responsibility for the applicant’s upbringing; or
    3. (iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care; or
    4. (iv) the parent is, at the same time, being granted indefinite leave to remain as an ECAA worker or business person, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant; and
  5. (e) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL, unless they are under the age of 18 at the date on which the application is made; and
  6. (f) if the applicant is a child of an ECAA worker or business person the applicant must provide a full birth certificate, with translations where necessary showing the names of both parents; and
  7. (g) all arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations; and
  8. (h) the applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of the Immigration Rules applies, any current period of overstaying will be disregarded; and
  9. (i) the applicant must not fall for refusal under Part 9: grounds for refusal.

Indefinite leave to remain as the child of an ECAA worker or ECAA business person

ECAA 5.2. Indefinite leave to remain will be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph ECAA 5.1 are met.

Refusal of indefinite leave to remain as the child of an ECAA worker or ECAA business person

ECAA 5.3. Indefinite leave to remain as the child of an ECAA Worker or ECAA business person is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph ECAA 5.1 are met.

PART ECAA 6. REQUIREMENTS FOR PARTNERS OF ECAA WORKERS OR ECAA BUSINESS PERSONS APPLYING FOR INDEFINITE LEAVE TO REMAIN

ECAA 6.1. The applicant must:

  1. (a) be the spouse, civil partner or unmarried partner of a person [P] who:
    1. (i) has indefinite leave to remain as an ECAA worker or business person; or
    2. (ii) is, at the same time being granted indefinite leave to remain as an ECAA worker or business person; or
    3. (iii) has become a British Citizen where prior to that they held indefinite leave to remain as an ECAA worker or business person; and
  2. (b) have, or have last been granted, leave as the spouse, civil partner or unmarried partner of the ECAA worker or business person; and
  3. (c) be in a marriage or civil partnership, or unmarried partnership with [P] which must be genuine and subsisting at the time the application is made; and
  4. (d) must intend to live permanently with [P] as their spouse or civil partner or unmarried partner; and
  5. (e) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KOLL; and
  6. (f) have been living together with [P] in the UK in a marriage or civil partnership, or in an unmarried partnership, for at least the applicable specified period in line with paragraphs ECAA 6.2 and ECAA 6.3; and
  7. (g) not fall for refusal under Part 9: grounds for refusal.

ECAA 6.2. The specified period for spouses, civil partners or unmarried partners of ECAA workers or business persons is a continuous period of 5 years. The 5 year period may consist of a combination of leave as either:

  1. (a) the spouse, civil partner or unmarried partner of an ECAA worker or business person; or
  2. (b) the spouse, civil partner or unmarried partner of an ECAA worker or business person during a period when the sponsor had leave under another category of these Rules.

ECAA 6.3. During the specified period the applicant must:

  1. (a) have been in a relationship with the same ECAA worker or business person for the entire period; and
  2. (b) have spent the most recent part of the 5 year period with leave as the spouse, civil partner or unmarried partner of that ECAA worker or business person; and
  3. (c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner or unmarried partner of that person at a time when that person had leave under another category of the rules; and
  4. (d) not have been absent from the UK for more than 180 days during any 12 month period, subject to the exceptions at ECAA 2.

Indefinite leave to remain as the partner of an ECAA worker

ECAA 6.4. Indefinite leave to remain may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph ECAA 6.1 are met.

Refusal of indefinite leave to remain as the spouse, civil partner or unmarried partner of an ECAA worker

ECAA 6.5. Indefinite leave to remain for the family member of an ECAA worker is to be refused if the Secretary of State is not satisfied that each of the requirements of ECAA 6.1 are met.

PART ECAA 7. REQUIREMENTS FOR PARTNER OF ECAA WORKER OR ECAA BUSINESS PERSONS APPLYING FOR FURTHER LEAVE TO REMAIN

ECAA 7.1. The applicant must:

  1. (a) be the spouse, civil partner or unmarried partner of an ECAA worker or ECAA business person who:
    1. (i) has been granted indefinite leave to remain in line with the ECAA guidance in force prior to 16 March 2018; or
    2. (ii) has been granted indefinite leave to remain under paragraph ECAA 3.2 or ECAA 4.5 of this Appendix; or
    3. (iii) has British citizenship having previously been granted indefinite leave to remain under either provision specified in (i) or (ii) of this paragraph; and
  2. (b) have last been granted leave to remain as a dependent of an ECAA worker or ECAA business person; or
  3. (c) having last been granted leave to remain as a dependant of an ECAA business person, is currently in the United Kingdom without leave as, at the time of that leave expiring:
    1. (i) they did not qualify for indefinite leave to remain in line with the ECAA guidance in force prior to 16 March 2018 due to not meeting the 2 years residency requirement; and
    2. (ii) did not qualify for further limited leave to remain as the dependant of an ECAA business person due to that ECAA business person having acquired indefinite leave to remain; and
  4. (d) be living together and in a subsisting relationship with the ECAA worker or business person to whom leave to remain was granted; and
  5. (e) not fall for refusal under Part 9: grounds for refusal ; and
  6. (f) their sponsor has adequate accommodation for the parties and can maintain any dependants without recourse to public funds; and
  7. (g) DELETED.
  8. (h) must not be in the UK in breach of immigration laws except that:
    1. (i) where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; or
    2. (ii) where paragraph ECAA 7.1(c) applies, any current period of overstaying will be disregarded.

Granting further leave to remain as the partner of an ECAA worker or ECAA business person

ECAA 7.2. Leave to remain for up to 3 years will be granted provided that the Secretary of State is satisfied that each of the requirements of ECAA 7.1 are met.

Refusal of further leave to remain as an ECAA worker or ECAA business person

ECAA 7.3. Leave to remain for family members of an ECAA worker or ECAA business person is to be refused if the Secretary of State is not satisfied that each of the requirements of ECAA 7.1 are met.