ECAA1- Turkish employed to PR - Unusual case-please advise

[ITGraduate]

Hi There,

Many Thanks for your quick reply. I called that number but the guy said he doesnt work on that team anymore.

After much persuasion he got us the fax number for passport hotline.

Not sure if the fax number will help

I'm going to call my MP today

Thanks,

Jafar

[gulity machine]

Hi Serr,
I am in sort of a small situation as yours and thinking about challenging ILR route for ECAA1 holders. Back in months ago you mention that someone took the case to high court and you were in touch with the solicitor. I was wondering whether you any updates for this case or not? Would be grateful if you could inform us about any outcomes.

Thanks alot

[gnr]

Hi Serr,

I have got similar situation as you I have been residing in the UK since 30 Sep 2007.I had a student visa from Sep 2007 to Jan 2009.On January 2009, I have been granted to Post Study Work visa and started working on May 2009.After my post study work visa expired I could not switch into Tier 1 as my annual earning was below the qualified level and could not get Tier 2 either as the government limited the number of sponsorship for my company on that year.The only option was for me to apply for ECAA 1. I got my first ECAA 1 on Dec 2010 valid until May 2012.Second term was from May 2012 to May 2013.My current extension is from May 13 to May 16.

To summarize my visa status up to know is :

Sep 2007 - Jan 2009 (Student Visa)
Jan 2009 - Jan 2011 (Post Study Work) (started work on May 2009)
Jan 2011 - May 2012 (ECAA 1st Term)
May 2012 - May 2013 (ECAA 2nd Term)
May 2013 - May 2016 (ECAA 3rd Term)

I would be appreciated if you could advise me that my situation allow me to apply for ILR and further citizenship if the high court decide ECAA visa can turn into ILR .

Thanks,

Regards,

[noluck]

Hi There,

I'm too at a similar situation. Can you update the outcome of your case hearing?

Cheers

Any news?

[ITGraduate]

Hiya,

my wife got the Indefinite but through 10 yrs of legal stay in the UK

She got ECAA 1 for 1 yr
Then extended for 2 yrs
Then for 1 yr
Then for 3 yrs again

Didnt take it to court as wasnt sure what to do. Just waited until 10 yrs was completed and got ILR

I am british so applied for citizenship for my wife. she will have british passport in 3 weeks

Let me know any queries please

thanks,

ITGRADUATE

[noluck]

The high court case will be heard mid may and i will post when i know the outcome...

Is there any outcome yet?

[noluck]

Turkish employed ECAA person may get ILR referring to below data
Total number of ECAA ILR applications despatched between 31/12/2012 - 31/12/2013

Case Type
Outcome Rounded Number of Cases
BUS under EC Association Agreement - ILR Granted 960
BUS under EC Association Agreement - ILR Refused 55
BUS under EC Association Agreement - ILR Rejected 50
BUS under EC Association Agreement - ILR Other 80


Total number of ECAA ILR applications from applicants who had previously applied under Turkish Employed ECAA - LTR



Case Type
v Outcome v Rounded Number of Cases
BUS under EC Association Agreement - ILR Granted 15
BUS under EC Association Agreement - ILR Refused *
BUS under EC Association Agreement - ILR Rejected *

[Stefan-TR]

Turkish employed ECAA person may get ILR referring to below data [...]

"BUS under EC Association Agreement" most likely refers to a Turkish Businessperson visa. In that category "You can apply to settle in the UK if you’ve had a Turkish Businessperson visa for 4 years."

[noluck]

Turkish employed ECAA person may get ILR referring to below data [...]

"BUS under EC Association Agreement" most likely refers to a Turkish Businessperson visa. In that category "You can apply to settle in the UK if you’ve had a Turkish Businessperson visa for 4 years."

If you are Turkish employed you can get ILR, as referring to data I have submitted, in 2013, 15 case have been granted with ILR. However it is long process and costly too.

[serr]

The high court case will be heard mid may and i will post when i know the outcome...

Is there any outcome yet?

I havent checked for a few months but not as far as i know.

[serr]

Turkish employed ECAA person may get ILR referring to below data
Total number of ECAA ILR applications despatched between 31/12/2012 - 31/12/2013

Case Type
Outcome Rounded Number of Cases
BUS under EC Association Agreement - ILR Granted 960
BUS under EC Association Agreement - ILR Refused 55
BUS under EC Association Agreement - ILR Rejected 50
BUS under EC Association Agreement - ILR Other 80


Total number of ECAA ILR applications from applicants who had previously applied under Turkish Employed ECAA - LTR



Case Type
v Outcome v Rounded Number of Cases
BUS under EC Association Agreement - ILR Granted 15
BUS under EC Association Agreement - ILR Refused *
BUS under EC Association Agreement - ILR Rejected *

hello,

what is the source of this information? I did an FOI request to UKBA on this months ago and they refused to answer it due to high cost of gathering this information.

do you know if the granted cases actually applied with long residence or without? They could have waited for 10 years and then applied...

[noluck]

Turkish employed ECAA person may get ILR referring to below data
Total number of ECAA ILR applications despatched between 31/12/2012 - 31/12/2013

Case Type
Outcome Rounded Number of Cases
BUS under EC Association Agreement - ILR Granted 960
BUS under EC Association Agreement - ILR Refused 55
BUS under EC Association Agreement - ILR Rejected 50
BUS under EC Association Agreement - ILR Other 80


Total number of ECAA ILR applications from applicants who had previously applied under Turkish Employed ECAA - LTR



Case Type
v Outcome v Rounded Number of Cases
BUS under EC Association Agreement - ILR Granted 15
BUS under EC Association Agreement - ILR Refused *
BUS under EC Association Agreement - ILR Rejected *

hello,

what is the source of this information? I did an FOI request to UKBA on this months ago and they refused to answer it due to high cost of gathering this information.

do you know if the granted cases actually applied with long residence or without? They could have waited for 10 years and then applied...

Hi,

I did FOI several months ago and got replied on 02 April 2014. Also I have spoken to a couple of solicitors, who claim 'anyone has worked 5 year under ECAA Turkish Employed visa' is able to get ILR, however it takes long time and costly too.

Please find below reply given by UKBA

Customer Services Improvement Directorate.
North West Correspondence Team
UK Visas & Immigration
Department 16
The Capital
Old Hall Place
Liverpool
L3 9PP


request-200593-6a2c0a0c@whatdotheyknow.com

2 April 2014
Our Reference: 31003
Dear Sir or Madam
Thank you for your email of 5 March, in which you ask for information regarding Turkish citizens and issues connected to Indefinite Leave to Remain in the UK. Your request has been handled as a request for information under the Freedom of Information Act 2000.
You have requested the following information;
Re: Freedom of Information Request
RE your guidance for ECAA Turkish employed applications and it states ‘‘Under article 6(1) of Decision 1/80 of the Association Council there is no pro-vision for a Turkish employed worker to be granted settlement in the UK after completing four years legal employment in the category, only the free-dom to take up employment with any employer.
You must refer any applications for ILR from Turkish employed workers to the higher executive officer (HEO), senior caseworker who will consider the application with reference to the policy of discretionary leave and leave outside the rules.’’
Your assertion is here under ECAA Turkish employed application no ILR must be issued unless granted outside the rules.

My inquiry 1: Could you kindly indicate those discretionary rules, which lead to ILR,
My inquiry 2: Has Home Office received any ILR application under ‘ECAA Turkish Employed’, if so how many of those applications granted or refused
or rejected. If rejected by Home Office has any Court/High Court granted ILR to applicants?
My inquiry 3: If any EU citizen is eligible for permanent residence after 5 years of work/stay in the UK legally, should Turkish people to be treated the
same, and eligible for ILR referring to; to Article 10(1) of Decision 1/80 reminds that Turkish workers should be treated the same as EC workers
Article 7 of Decision 2/76 clearly provides that:
''The Member States of the Community and Turkey may not introduce new restrictions on the conditions of access to employment applicable to workers
legally resident and employed in their territory".
Article 10
1. The Member States of the Community shall as regards remuneration and other conditions of work grant Turkish workers duly registered as belonging
to their labour forces treatment involving no discrimination on the basis of nationality between them and Community workers.
As you have been made aware by my colleagues in the Freedom of Information team based in Croydon, questions 1 and 3 are being dealt with as
‘Business as Usual’ by the Bulgaria/Romania/Croatia/Turkish ECAA Operational Policy team.
The response to Q2 is provided in table format below;
Total number of ECAA ILR applications despatched between 31/12/2012 - 31/12/2013
Case Type Outcome Rounded Number of Cases
BUS under EC Association Agreement - ILR Granted 960
BUS under EC Association Agreement - ILR Refused 55
BUS under EC Association Agreement - ILR Rejected 50
BUS under EC Association Agreement - ILR Other 80
Of these the following were decided under ‘ECAA Turkish Employed’

Total number of ECAA ILR applications from applicants who had previously applied under Turkish Employed ECAA - LTR
Case Type v Outcome v Rounded Number of Cases
BUS under EC Association Agreement - ILR Granted 15
BUS under EC Association Agreement - ILR Refused *
BUS under EC Association Agreement - ILR Rejected *

In keeping with the Freedom of Information Act, we assume that all information can be released to the public unless it is exempt. In line with normal practice we are therefore releasing the information which you requested via the Home Office website.
I hope that this information meets your requirements. I would like to assure you that we have provided you with all relevant information that the Home Office holds.
If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting a complaint within two months to the address below, quoting reference 31003. If you ask for an internal review, it would be helpful if you could say why you are dissatisfied with the response.
Information Access Team
Home Office Ground Floor, Seacole Building
2 Marsham Street
London SW1P 4DF
e-mail: info.access@homeoffice.gsi.gov.uk
As part of any internal review the Department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. If you remain dissatisfied after this internal review, you would have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.

[serr]

very interesting. i did a very similar FOI request asking similar questions and they refused to reply.

but are you sure these stats relate to Turkish Employed applications? as the word 'BUS' suggests they might relate to turkish businessperson applications which lead to ILR anyway.

i will check with the solicitor about the case that i initially mentioned in this subject and see where its at. Last time I checked it was refused and at the appeal stage at least 6 months ago.

did UKBA reply to your request via email? if so are you able to forward it to me if i pm you my details?

thanks

this may lead to something...

[noluck]

very interesting. i did a very similar FOI request asking similar questions and they refused to reply.

but are you sure these stats relate to Turkish Employed applications? as the word 'BUS' suggests they might relate to turkish businessperson applications which lead to ILR anyway.

i will check with the solicitor about the case that i initially mentioned in this subject and see where its at. Last time I checked it was refused and at the appeal stage at least 6 months ago.

did UKBA reply to your request via email? if so are you able to forward it to me if i pm you my details?

thanks

this may lead to something...

Quote
It indicates Turkish Employed
Total number of ECAA ILR applications from applicants who had previously applied under Turkish Employed ECAA - LTR

if you mail me your mail address I can forward the reply, which i got from UKBA. I can read my private mail

[Ssar]

Hello Serr ,

Have you applied for ILR under Turkish employed ECAA?

[serr]

Hi,

No, I haven't applied to ILR under ECAA. This option does not exist for ECAA employed.

I have applied on 10 years long residence when my 10 years was up.

[ariadne12]

Hi serr and everyone,

First of all thanks for all the posts, I have done all my visa applications by myself and read the posts in this thread on a regular basis, it has probably helped me more than an advisor.

I'm in a similar situation and I'm getting close to end of third indent for ECAA1 Turkish worker visa.
Here is a short summary:
2009-2010 (Masters) Student visa
2010-2012 Post study work visa
2012-2013 ECAA1 first indent
2013-2015 ECAA second indent
2015-2018 ECAA third indent

As you can see, I have got about 1.5 years extension that I need before I qualify for Long Residence settlement.

I have got two questions:
1. Has anyone got further extension on ECAA third indent (following an already given 3years extension)? I hope somebody did, but if not, do you think this is a given/highly likely?
2. I think serr already confirmed but does Turkish worker visa have an adverse effect on long residence application? I know ECAA1 guide says it does not lead to indefinite leave to remain but SET (LR) guide says visa type does not matter.

Thanks for your answers in advance,
Selen

[PhDstudentintheUK]

Hi serr,

I wanted to check if you heard about the result of your ILR application.

My other question was about your Turkish worker visa employment. In this visa type, were you able to work for different employers? I know it says for the first indent that you can continue to work in the same job with the same employer, and in a similar job category but for a different employer in the second indent. However, this statement from Home Office's document of ECAA Turkish employed applications confused me:

"Article 6(1) requires one year or more of continuous legal employment. If employment is not continuous then the application must be refused. However, this requirement does not stop workers from having more than one employer at the same time.
Workers who have more than one employer but who can show they have been in continuous legal employment for the appropriate period with one of these employers will meet the requirement."

So, can I interpret it in a way that I can work, let's say, in two jobs?

I will be very if you or anyone with experience can comment on that.

Regards,

[Obie]

The law is clear. You are not precluded from being with more than 1 employer, however you must be with the relevant employer on the basis of the visa grant, for the whole period.

[PhDstudentintheUK]

Hi Obie,
Thanks for your time and reply.
Kind regards

The law is clear. You are not precluded from being with more than 1 employer, however you must be with the relevant employer on the basis of the visa grant, for the whole period.

[PhDstudentintheUK]

Hello everyone and Obie,

I have a further question about multiple employer.

As far as I know, the applicant can work in different jobs, but one of these jobs should be relevant to be eligible for visa grant. My question is if this is the case for the first time applicants? I mean can you continue working in two different jobs once you have been given 2-year Turkish worker visa after you have worked for one year?

In my case, I am a part-time working student at the moment, and when I finish my first year at work, I will apply to Turkish worker visa. Then, while working in the same job with the same employer, I was planning to do some extra work at another employment. So, I am wondering if this will still be ok with the law?

Kind regards

[Dantean]

Turkish worker visa. Then, while working in the same job with the same employer, I was planning to do some extra work at another employment. So, I am wondering if this will still be ok with the law?

The Home Office staff guide document says:

under the first indent of article 6(1) of decision 1/80, a Turkish worker can be granted permission to work for the same employer after one year’s legal employment, if a job is available

and the biometric residence permit will say in the REMARKS section:

RESTRICTED WORK
COMPANY NAME HERE

So although you need not have worked solely for that employer during the qualifying year, the permission granted to continue working seems to be for that employer only. At least that is how it is worded.

[Dantean]

2. I think serr already confirmed but does Turkish worker visa have an adverse effect on long residence application? I know ECAA1 guide says it does not lead to indefinite leave to remain but SET (LR) guide says visa type does not matter.

That is correct. ECAA1 visas can be part of SET LR applications. There is no adverse effect.

The ECAA1 guide says it does not lead to ILR because having that visa does not lead directly to ILR, unlike ECAA2 which does after 4 years. But periods of either can be included in LR, as can any legal visa, including visitor visa.

[Obie]

ECCA 1 can be added towards long residence.

ECCA 2 which is for Self-Employed Turks, had its own pathway to settlement, but that too can be added towards long residence.