Why, what and how Turkish nationals will be affected by recent changes to the standstill clause?

Self-employed Turkish individuals who wish to apply for an entry clearance or extension application within the UK to set up a business or continue to operate their business can chose to apply under Turkish European Communities Association Agreement (ECAA) or most commonly known as “Ankara Agreement”.

Up until 16 March 2018, Turkish businesspersons who were in the UK under the Ankara Agreement could obtain indefinite leave to remain (settlement) after four years of residence. However, in May 2017, in case of Aydogdu, the Upper Tribunal found that the Ankara Agreement’s “stand-still clause” does not apply to settlement applications.

As the result, in line with a new Home Office Policy Guidance, there is no provision for the granting of ILR as of 16 March 2018. Of course, those applicants, who submitted their applications for settlement under the Ankara Agreement prior to 16 March 2018, would still have their ILR applications processed.

We strongly advise Turkish nationals to seek alternative visa options which would lead to settlement in the UK, for example a Tier 1 Entrepreneur route of the Immigration Rules.

Please do not hesitate to contact us for any assistance with your UK immigration matters.