TURKISH BUSINESSPERSONS VISA
The Turkish Businesspersons visa is for Turkish nationals who either want to start a new business in the UK or come to the UK to help run an established business.
What are the main eligibility requirements for a Turkish Businesspersons visa?
In order to qualify for leave to come and establish in business in the UK under the Turkish EC Association Agreement (‘Ankara Agreement’), you will need to satisfy UK Visas and Immigration that you are a Turkish national and:
- You have a genuine intention to set up a viable business;
- You will devote sufficient funds or assets of your own to establish your business;
- You will be able to pay your share of the costs of running the business;
- Your part in the business will not amount to disguised employment;
- Your share of the profits will be enough to support you and your family without you needing to have another job or rely on public funds;
- You have not remained in the UK in breach of UK immigration laws
If you want to join an existing partnership or company you will also need to show that:
- You will have an active part in running the business;
- There is a genuine need for your services and investment.
What else do I need to know about the Turkish Businesspersons visa?
It is possible to switch into the Turkish Businesspersons category from another immigration category. However, if you are already running a business in the UK then it is not possible to switch into this category and you should apply for a Tier 1 Entrepreneur visa instead.
Turkish Businessperson visa holders can stay in the UK for 12 months. You may be able to extend your stay for a further 3 years in order to continue operating your business (or for a shorter period of 12 months if there are doubts about the ongoing viability of your business).
On 16 March 2018, the Home Office stopped accepting applications for indefinite leave to remain under the Turkish European Communities Association Agreement (ECAA) Business Persons category. The Home Office has stated that it intends to introduce a new ILR category for current Turkish ECAA business persons into the Immigration Rules. While the requirements of this category are still to be determined, Turkish businesspersons and their dependents can continue to apply for further leave to remain under the ECAA, for up to 3 years at a time.
Turkish Businessperson visa holders can start a new business in the UK or join an existing business which they will have an active part in running. There is no minimum capital requirement and no job creation requirement.
Turkish Businessperson visa holders may be joined or accompanied by their dependents.
How our immigration barristers can help
Our immigration barristers regularly assist Turkish Businesspersons to secure entry clearance, leave to remain and settlement in the UK.
Whether you require expert advice on the requirements of the Immigration Rules, an independent assessment of your prospects of qualifying for a Turkish Businessperson visa or professional assistance with preparing an immigration application, our immigration barristers can help.
We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice as part of a professional and friendly service.
We can also assist with
Applications for extensions of stay as a Turkish Businessperson
You may be able to extend your stay for a further 3 years in order to continue operating your business (or for a shorter period of 12 months if there are doubts about the ongoing viability of your business).
You will need to be in the UK and satisfy UK Visas and Immigration that:
- You have devoted assets of your own to the business;
- You are still able to pay your share of the costs of running the business;
- Your part in the business does not amount to disguised employment;
- Your share of the profits of the business will be sufficient to support yourself and any dependants without recourse to employment or public funds
Applications for settlement as a Turkish Businessperson
You can apply to settle in the UK once you have held a Turkish Businessperson visa for 4 years.
In order to qualify for indefinite leave to remain as a Turkish Businessperson, you will need to satisfy UK Visas and Immigration that:
- You have remained lawfully in the UK for four years as a self-employed person;
- In light of all relevant circumstances it is appropriate to grant indefinite leave to remain.
If granted indefinite leave to remain, there will be no further time restrictions on the length of your stay in the UK or restriction on your employment.
Indefinite leave to remain may be refused where, for example, evidence shows that the business is not trading at the time of the application, or there are doubts as to whether it will continue trading for the next 12 months.
Fresh applications, Administrative reviews and Judicial reviews for Turkish Businesspersons
If your application for a Turkish Businessperson visa has been refused, our immigration barristers can advise on the merits of making a fresh application or challenging the decision.
If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can bring Administrative Review proceedings to challenge the decision.
If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.