Under the Ankara Agreement European Community Association Agreement (ECAA) a national of Turkey may apply to enter or stay in the UK to establish and run a business, and, in certain circumstances, for an extension of leave to continue employment in the UK. The Ankara Agreement dates back to 1963 with an Additional Protocol in 1970.
In order to determine the rights granted to Turkish nationals it is necessary to refer to EU law and the provisions of the ECAA. Here is what you need to know if you are a Turkish national business person looking to establish your business in the UK, or if you are a Turkish national seeking employment in the UK.
Self-employed business persons under the Ankara Agreement
Article 41 (1) of the Additional Protocol states: ‘The Contracting Parties shall refrain from introducing between themselves and any new restrictions on the freedom of establishment and the freedom to provide services.’
This has the effect of going back in time and freezing the treatment/rights of Turkish nationals to the moment the UK joined the European Community known as the ‘standstill clause’. It prevents a Member State from introducing any new measure subjecting them to stricter conditions than those which applied at the time when the Additional Protocol came into force with regard to the Member State.
The UK joined the European Community on 1st January 1973, therefore the relevant Immigration Rules at the time that are applicable to Turkish nationals intending to establish a business in the UK are Immigration Rules HC 510 and 509. These rules are far more beneficial than the current Immigration Rules regarding business persons.
Rule 21 headed ‘Businessmen and Self Employed Persons’ states as follows:
‘People admitted as visitors may apply for the consent of the Secretary of State to their establishing themselves here for the purpose of setting up in business, whether on their own account or as partners in a new or existing business. Any such application is to be considered on merits. Permission will depend on a number of factors, including evidence that the applicant will be devoting assets of his own to the business, proportional to his interest in it, that he will be able to bear his share of any liabilities the business may incur, and that his share of its profits will be sufficient to support him and any dependants. The applicant’s part in the business must not amount to disguised employment, and it must be clear that he will not have to supplement his business activities by employment for which a work permit is required.
‘Where the applicant intends to join an existing business, audited accounts should be produced to establish its financial position, together with a written statement of the terms on which he is to enter into it; evidence should be sought that he will be actively concerned with its running and that there is a genuine need for his services and investment’.
This is considerably more favourable than the Tier 1 (Entrepreneur) route as:
Turkish National Workers
The rights of Turkish workers can be seen in a Decision of the Association Council, Decision 1/80 which provides Turkish workers who have been in ‘legal employment’ for a certain period of time with a right to have their permission to work renewed and to have their right of residence renewed in line with the right to work.
Turkish workers can only benefit from Article 6 (1) if they satisfy the requirements in terms of legal employment and being a worker as follows;
Duncan Lewis Business Immigration Solicitors
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Our Business Immigration team continue to be ranked by Legal 500 with the 2019 edition praising their practice, representing ‘SME clients on a range of matters such as the PBS, sponsorship licence applications, and compliance [and acting] for high-net-worth individuals from Asia, Russia and the Middle East on Tier 1 and investor visas.’
As leading immigration specialists we advise on business immigration, right to work in the UK, Tier 2 visa applications, student/graduate visas, spousal visas and visa overstays. We are also able to advise businesses and individuals on any changes to UK immigration law during Brexit negotiations and after 29 March 2019, post-Brexit.
For expert legal advice call Duncan Lewis immigration solicitors on 033 3772 0409.
