You can apply for ILR as a Turkish Businessperson 28 days before completing 5 years residence in the UK under Turkish Businessperson visa or in combination with stay under Tier 1 Entrepreneur visa. An application for ILR as a Turkish Businessperson is made in accordance with requirements as set out in Appendix ECAA Settlement of the Immigration Rules. An application for ILR as a Turkish Businessperson can only be submitted through standard service as the Home Office UKVI do not offer priority or super priority service for such application.
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Requirements For ILR As A Turkish ECAA Businessperson
A person applying for ILR as a Turkish ECAA Businessperson visa must meet the following requirements as set out in Appendix ECAA Settlement of the Immigration Rules:
Valid Application Requirement
An applicant applying for ILR as a Turkish ECAA Businessperson visa must submit a valid application for ILR from inside the UK in accordance with requirements for a valid application as set out in Appendix ECAA Settlement of the Immigration Rules.
Immigration Status Requirement
The applicant's current leave to remain in the UK must be as an ECAA business person.
Qulifying Period Requirement
The applicant must 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:
- the ECAA business person; or
- the Tier 1 (Entrepreneur) Migrant category.
Suitability Requirements
The applicant must not fall for refusal under Part 9: grounds for refusal.
Knowledge of English Language and Life in the UK
The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
Business Requirements
The Secretary of State must be satisfied on the balance of probabilities that:
- 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
- the business or businesses upon which they are relying on for any of the qualifying period is/are viable; and
- the applicant genuinely intends to continue operating one or more businesses in the UK.
In making the above assessment the Secretary of State may take into account the following factors:
- the evidence the applicant has submitted;
- the viability and credibility of the source of the money used to set up or invest in the business or businesses;
- the credibility of the financial accounts of the business or businesses;
- the credibility of the applicant’s business activity in the UK, including when they had leave as an ECAA business person;
- if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
- any other relevant information.
The Secretary of State may request additional information and evidence to support the above assessment, 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.
Continuous Periods Of Lawful Residence In The UK
References to a “continuous period” “lawfully in the UK” for the purposes of Appendix ECAA Settlement mean residence in the UK for an unbroken period with valid leave, and for these purposes a period shall be considered unbroken where:
- 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:
- assisting with a national crisis; or
- assisting with an international humanitarian or environmental crisis overseas; or
- 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);
- the applicant has existing limited leave to enter or remain upon their departure and return except that:
- 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
- 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
- the applicant has any current period of overstaying disregarded where paragraph 39E of the Immigration Rules applies.
Except for periods where the applicant had leave as:
- an ECAA business person;
- a Tier 1 Migrant other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant; or
- 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.
The continuous period will be considered as ending on whichever of the following dates is most beneficial to the applicant:
- the date of application;
- the date of decision; or
- any date up to 28 days after the date of application
Also, 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.
How Can We Help?
Our specialist team of immigration solicitors can provide expert immigration advice and legal representations on fixed fee basis in relation to your ILR application. Our fixed fee for your ILR application will cover all the work of our immigration solicitors on your ILR application until a decision is made by the Home Office UKVI on your ILR application. The casework to be carried out by our immigration solicitors in relation to your ILR application will entail the following:
- Advice on requirements: Our immigration solicitors will advise you on the relevant requirements you have to meet for your ILR application to succeed.
- Advised on documents: Our immigration lawyers will prepare and email you a comprehensive list of supporting documents to be submitted in support of your ILR application;
- Assessment of documents: Our immigration lawyers will assess your documents to make sure that all the documents you provide in support of your ILR application are in accordance with the requirement of the Immigration Rules.
- Completing application form: Our immigration lawyers will complete the relevant application form for your ILR application.
- Booking an appointment with the application centre: After the online submission of your ILR application, our immigration lawyers will book your appointment with the application centre for you to enrol your biometrics.
- Preparing a detailed cover letter: Our specialist immigration solicitors will prepare a detailed cover letter in support of your ILR application explaining how all the legal requirements are met for the approval of your ILR application.
- Uploading documents online: Before the biometrics enrolment date, our immigration lawyers will upload online all the supporting documents to be considered in support of your ILR application.
- Follow up work: Our immigration lawyers will carry out all the follow up work until decision by the Home Office UKVI on your ILR application.
Our One-Off Services For Immigration Applications
Our immigration solicitors can also provide a wide range of one-off legal services for UK visa and immigration applications. Using our one-off services can help those who do not want to use our full service for the immigration application. You can use one of the following one-off legal services offered for UK visa and immigration applications:
- One-Off Immigration Advice and Consultation
- Immigration Documents Checking Service
- Application Form Completion Services
- Preparing Cover Letter For Immigration Application
- Uploading Supporting Documents Online
Our Fixed Fees For ILR As A Turkish Businessperson
- Our immigration solicitors will charge a fixed fee ranging from £1,500 to £3,000 (no VAT) for your application for ILR as a Turkish Businessperson. The agreed fixed will depend on the complexity of the application and the volume of work involved in the ILR application.
- Our fixed fee for the application does not cover any disbursements e.g. UKVI fee for the application and the applicant has to separately pay the Home office UKVI fees for the application.