Why use a solicitor for this application?
Ankara Agreement
Turkish nationals may accrue rights to establish a business in the UK under the ‘Turkish European Community Association Agreement 1963’ – also referred to as the ‘Ankara Agreement’.
It enables Turkish nationals to establish a business without having to produce a £200,000 investment as required under the Tier 1 Entrepreneur visa and from having to create jobs for 2 resident workers.
It also allows them to apply for ‘indefinite leave to remain’ to stay in the UK on a permanent basis and sponsor dependants.
If you would like to discuss your potential Turkish European Community Agreement please call a member of the team on 020 7038 3980, complete our online enquiry form or contact us by email at info@rlegal.com
Ankara Agreement
As the Ankara Agreement came into force on 1 January 1973, the UK has to consider the provisions of the immigration rules for businessman effective at that date, which at the time had:
• no requirements for individuals to show £200,000;
• the need to have employees; or
• have been granted a visa to enter in this capacity.
This is known as the ‘stand-still’ clause.
The European Court of Justice in the case of Tum and Dari C-16/15 (2007) upheld Turkish worker rights under the Agreement and confirmed the stand-still provisions with the exception that it does not apply where fraud and abuse can be shown. In such cases the Home Office will apply the Tier 1 Entrepreneur visa criteria.
Procedure
The authorities will examine the merits of the business to determine both whether it is viable and if there is a genuine need for it.
It is possible for an applicant to be served with a questionnaire or to be interviewed by the authorities.
Initial applications were approved for 12 months.
Extensions can be granted for up to 3 years.
Dependants will be granted leave in line with the main applicant.