ILR based 10 years Long Residence with 241 days gap

[TRworkerILR]

Hi everyone,

I would appreciate your comments on the matter below.

Categorically, ECAA Turkish Worker visa does not lead to settlement different than ECAA Businessperson or any other work visa. However, I believe this has now changed or should be changed.

The judge of the Aydogdu v Home Office*** case stated that there is no evidence of why settlement applications from both Turkish workers and businesspeople should be based on different rules.

Also, in the same case, both the judge in his "conclusions" and the representative of the Home Office, Ms Rhee QC, agreed on that the settlement applications of Turkish nationals who exercise their rights derived from Ankara Agreement should be assessed under the Immigration Rules.

It is now known that the Home Office (still) grants settlement status to ECAA Turkish Businessperson visa holders once they have completed four and/or five years under that visa.

Based on the facts above, should the ECAA Turkish Worker visa holders enjoy the same rights with the ECAA Businessperson visa holders and receive settlement status after spending four or five years under the Worker visa?

***Aydogdu Case (R (on the application of Aydogdu) v Secretary of State for the Home Department [2017] UKUT 00167 (IAC))

[TRworkerILR]

Hi everyone,

I'd appreciate your comments on this matter.

I have been living in the UK since July 2007, have had two tier 4 visas and three ECAA Turkish Worker visas in that period. Although I have completed ten years, actually more that, in total I have one single gap 241 days in 2009. I left the UK on 31/01/2009 and was planning to come in May 2009. However, my father in law had a stroke in March 2009, and I had to postpone my return until he got well and that was September 2009.

When I left the UK on 31/01/2009, I had a valid visa and when I came back on 29/09/2009 I again had a valid visa which had a start date of 28/09/2009.

So, my questions are:

1) Shall I start calculating my ten years long duration from July 2007 or September 2009?
2) If my residence from July 2007, is my father in law's health problem can be recognized as a compassionate reason why I was away from the UK for 241 days, and do I have reasonable grounds to make an ILR application based on long residence?

Appreciate your comments and feedback.

E.

[CR001]

1) Shall I start calculating my ten years long duration from July 2007 or September 2009?

September 2009, when you returned to the UK.

2) If my residence from July 2007, is my father in law's health problem can be recognized as a compassionate reason why I was away from the UK for 241 days, and do I have reasonable grounds to make an ILR application based on long residence?

Unlikely to be successful.