In this blog post, we will be sharing with you the experience we have gained through UK Ankara Agreement applications.
We are a consultancy firm that has handled countless applications on this route, has been able to offer different solutions to unique stories, and has always made it a principle to convey accurate information clearly. With the knowledge that comes with more than 10 years of experience, we are happy to provide practical and lasting solutions, and we sincerely thank you for choosing Visavis.
Turning to our subject, as most people know, the Ankara Agreement application is an entrepreneur residence visa application available only to Turkish nationals, and it gives individuals the right to live and run their own business in the country to which they apply.
This residence visa is essentially based on an agreement signed between the European Community and the Republic of Turkey, which aimed to encourage and help develop commercial and economic progress. Under this agreement, Turkish nationals can apply to countries such as the Netherlands, Germany and Denmark to run their own business. The application and assessment criteria may vary from country to country, and sometimes even between states within a country. However, following the United Kingdom’s departure from the European Union, it is no longer possible to make a new application to the United Kingdom/England under the Ankara Agreement.
For our clients who are already in the United Kingdom with an Ankara Agreement (ECAA Turkish Businessperson) visa and who aim to extend their leave, the adventure is perhaps just beginning, or perhaps continuing at full pace.
As a result of the extension applications made at the end of the first year, your leave can be extended for 1 or 3 years, largely depending on your company’s commercial activities. Provided that you meet the relevant conditions, you can apply for permanent residence, also known as ILR (Indefinite Leave to Remain), at the end of 5 years, and at the end of the 6th year you can become a British citizen through naturalisation.
What You Need to Know About the Ankara Agreement 3-Year Extension: click to read our blog post on this topic.
In the rest of this article, we will share with you, based on our experience, the answers to questions we frequently come across regarding UK Ankara Agreement leave. Please do not hesitate to send us your questions about your extension application process, or to contact us for a complete consultancy experience from start to finish.
I have Ankara Agreement leave, but my spouse/child does not. What do I need to do?
One of the questions we receive most often concerns dependant applications for family members.
Under the current rules, your children who are under the age of 21 and for whom you have taken on legal and moral parental responsibility can live with you in the United Kingdom. A visa application needs to be made for this. Documents showing that you live in the United Kingdom must be submitted with the visa application.
The conditions for your spouse to settle in the United Kingdom are a little different. At this point, you need to prove that you earn a minimum of £18,600 per year. It is also mandatory for your partner who will settle in the United Kingdom to prove that they know English at a minimum of A1 level.
What is the earliest I can make my extension application?
You can make your extension application at the earliest 28 days before the expiry date of your current visa.
Is it possible for me to make my extension application without coming to the United Kingdom?
This is not legally possible. You cannot complete the form for your extension application if you declare that you are not in the United Kingdom. For this reason, you need to be within the country’s borders to make your application. Visavis can guide you on when you should make your application, depending on the circumstances of your file.
Is it possible for me to maintain my leave without coming to the United Kingdom?
If you do not intend to apply for permanent residence at the end of 5 years, there is no specific period you need to spend in the country. However, please remember that being able to support with documents that you are living and working here, so that business-related documents such as those on running the company, commercial activities and a UK client portfolio can be completed, will be in favour of your extension application. We would also like to remind you, importantly, that you should not stay outside the country for more than 180 consecutive days.
Does my ECAA visa allow me to travel to European countries?
Your leave is valid within the borders of the United Kingdom and does not give you the right to enter any other country. If the other countries you wish to visit require a visa, you need to apply for a visa under the rules of those countries.
How long will it take for my extension application to be decided?
Although this period changes from time to time, the average waiting time is a minimum of 4 months. You should bear in mind that this period may vary depending on the characteristics of the file and also on how busy the Home Office is. Expedited processing is not available for this application.
I know people/relatives who applied around the same time as me and have received a decision; why has my application still not been decided?
The Ankara Agreement does not have a points-based assessment system. For this reason, the assessment period may also vary depending on the criteria of the officer assessing the file, their workload, the documents submitted and the overall state of the application. Another factor related to this is the date on which the online form was completed and submitted. Application decisions largely proceed in order of the date on which this form was submitted.
Can I travel abroad / wait in Turkey while my extension application is being assessed?
This is not legally possible. You need to remain within the borders of the United Kingdom throughout the assessment period. Otherwise, your application is treated as “withdrawn”, in which case it is not possible for your period of stay to be successfully extended.
Can I apply for an extension after my leave has expired?
Before your current leave expires, you must complete and confirm the online application form, which is the first stage of your extension application, on the gov.uk website. Applications that are not made on time will cause you to become an “overstayer”.
Is there an income level I need to reach?
Although your company making a profit will of course be to the benefit of your business visa, there is no target figure that must be met across the visa. An important factor at this point is that the income you earn is able to support you by UK standards. Visavis stays in contact with your accountant throughout the application period and closely monitors the balance between your income and expenses.
I received furlough; should I stop the services I provide in this case?
This can vary depending on the period for which you received furlough. The financial support you benefited from is provided for the days on which you were unable to provide services and carry out your work. For this reason, it is important that our clients who received furlough support for the days they did not work declare their income in a way that is consistent with this.
Will I be called for an interview?
It is almost impossible to give a definite answer to this question. Where the officer assessing your file cannot understand something, or cannot find answers to their questions in the documents submitted, they may call you for an interview. However, this does not mean that every applicant will be called for an interview. If you are called for an interview, Visavis will invite you to a short training and orientation session on the questions and topics that may be raised at the interview.
What can I do if my extension application is refused?
If your extension application is refused, it is not possible for you to apply again. However, within 2 weeks of the day you receive the decision, you can challenge the decision and request an Administrative Review.