Turkish Nationals in the UK who wish to establish a business may do so under the provisions of the Ankara Agreement.
Under this agreement, Turkish nationals seeking leave to remain in the UK will have their applications considered under the less stringent Immigration Rules as they existed in 1973. This is not extended to Turkish citizens who are in the UK unlawfully (although individuals who overstay their visas may still benefit from the earlier rules).
The right to rely on the less stringent Immigration Rules as they were at the time is derived from Article 41 (1) of the Additional Protocol to the Ankara Agreement which gives Turkish nationals the "freedom of establishment". It states:
‘The contracting parties shall refrain from introducing between themselves any new restrictions on the freedom of establishment and the freedom to provide services.’
Individuals who wish to enter or remain in the UK as self-employed persons under the provisions of the Ankara Agreement must show that they have the following:
-a genuine intention to establish a business in the UK;
-possess sufficient funds to establish and run the said business; and
-provide a detailed breakdown of the set-up costs (business plan)
The UK Border Agency may refuse an application if it could lead to public security or health risks.
The benefits of the Ankara Agreement may also be denied to those who have made fraudulent asylum claims or who have unlawfully set up in business in the UK (case of IY (Ankara Agreement – fraud and abuse) Turkey [2008] UKAIT 00081).
If an application is successful, the individual will be issued a visa for a period of 12 months. They can then apply to extend their leave for another 3 years provided they satisfy the criteria. After a total of four years, they may be eligible to apply for indefinite leave to remain in the UK. If the individual has spent four years lawfully in the UK in a business category, then their applications will be considered under the 1973 Immigration Rules. After 1 year of indefinite leave to remain in the UK, individuals may be eligible to naturalise as British citizens.
Family members
The spouse/civil partner and children of an applicant can be dependants on the application and can join/accompany the applicant under the 1973 rules. They are entiled to work in the UK and can access the education system and the NHS service.
How we can help
Our experienced lawyers can help you whether:
-You intend to establish yourself in business;
-You intend to take over an existing business; or
-You intend to join a business (enter into a partnership)
We will advise you as to the documents required, the contents of your business plan and the procedure depending on which route you wish to take and depending on your personal circumstances.
For more information as to whether you qualify to enter the UK or for leave to remain in the UK under the Ankara agreement, please email us at info@ergensharif.co.uk
Alternatively you can email our Turkish speaking Immigration lawyer directly at behice@ergensharif.co.uk .