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ECAA Ankara Agreement - Applying For Settlement
By Geraldine Peterson

Recent changes to policy and the Immigration Rules have brought uncertainty to the settlement regime for Turkish businesspersons (present under the ECAA with Turkey, the ‘Ankara Agreement’) where once the path was clear and – settled!  In this article...

 we look at some of the changes and challenges facing Turkish businesspersons looking to settle in the UK. ECAA Ankara Agreement – Applying For Settlement – Background Until early 2015, relying on paragraph 28 of HC 510, Turkish businesspersons...

Dishonesty and deception in immigration cases
By Victoria Hamblen

Paragraph 322 (1A)  of the Immigration Rules provides a mandatory ground for refusal in the following circumstance: “where false representations have been made or false documents or information have been submitted (whether or not material to the...

 application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.” Paragraph 6...

Brexit: The Future for Turkish Businesspersons and Workers
By Geraldine Peterson

Turkish nationals seeking entry or leave to remain in the UK under the ECAA with Turkey are not immune from the uncertainty surrounding the status of EU nationals after Brexit.  They have already been pitched into uncertainty with regards to settlement, which will...

 be the subject of a further article. Brexit: The Future for Turkish Businesspersons and Workers At the time of writing there is scope for considering that the ECAA provisions will be preserved for a certain period under the transitional arrangements for...

Your Guide to Satisfying the Resident Labour Market Test
By Wendy Barnes

In order to successfully fill a position via a Tier 2 (General) Visa, the sponsor must satisfy the Resident Labour Market Test (RLMT) to establish that there are no settled workers suitable for the position. Settled workers by this definition includes: UK nationals EEA...

 nationals exercising EU Treaty Rights in the UK Citizens of British Overseas Territories (See Tier 2 and 5: guidance for sponsors for exclusions) Commonwealth citizens allowed to enter or remain in the UK under UK ancestry rules on the basis that...

Turkish Businesspersons and Workers under the Ankara Agreement
By Geraldine Peterson

In a previous article we looked at the history of the ECAA with Turkey (the ‘Ankara Agreement’) and the ‘standstill clause’.  In this article we look at the requirements of the Ankara Agreement for Turkish Businesspersons and Workers. Provisions governing...

 Turkish workers – Article 6 (1) of Decision 1/80 Once a worker is already registered as belonging to the UK’s labour force (students, work permit holders, etc), the rights of Turkish workers are set out in article 6(1) of decision 1/80 of the...

Ankara Agreement - ECAA - A brief history and the ‘standstill clause’
By Geraldine Peterson

The ECAA with Turkey – the Ankara Agreement – is a hidden backwater of the immigration rules, unchartered by many experienced immigration professionals.  However obscure, these provisions have facilitated the establishment of extensive numbers of successful...

 businesses, created opportunities for employment, and have contributed to vibrant communities throughout the UK and Europe.   A brief history of the Ankara Agreement – and the ‘standstill clause’ Upon entering into membership of the EEC...

Three things graduate recruiters need to know about UK immigration
By Richmond Chambers

As we move ever closer to the end of 2018, employers are starting to consider what they will do to succeed in 2019 and beyond. And, as part of that planning process, companies are currently putting considerable effort into finalising their graduate programmes. But...

 what do they need to consider? What are the key issues they need to keep in mind – both in terms of people from EU and non-EU countries – to ensure the process is as smooth as possible? With Brexit negotiations still up in the air, is it...

Paragraph 322(5): A Ground for Refusal
By Nadine McGarry

The issues faced by individuals who have received a refusal on the grounds of paragraph 322(5) of the Immigration Rules have been reported on widely in the media recently.  Paragraph 322(5) of the Immigration Rules provides a discretionary ground for refusal...

 based on: “the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations or the fact that he represents a...

British universities call for return of graduate work visa
By Richmond Chambers

There are over 450,000 international students studying in the UK. The UK is one of the most competitive countries in the world for higher education, after the much larger USA. However, while rival countries like the US, Australia, France and Germany have continued...

 to see growth in the number of international students flocking to their universities, interest in UK universities has flatlined. Between 2014 and 2015, student numbers in the UK rose by 9.4% but the UK rate was just 0.5%. Leading figures from British...

Can Sole Representatives Be Shareholders?
By Lydia Watton

The Immigration Rules require that an applicant for a sole representative visa is not “a majority shareholder in the overseas business”. What is a majority shareholder? The Home Office guidance states that they will refuse applications where an applicant’s...

 shareholding is more than 50% of the available shares. This means an applicant can still be the largest shareholder, providing they do not own more than 50%. My business doesn’t have shares If your business does not have shares, then there are no...

Tier 2 visas still being hit despite medical restriction
By Richmond Chambers

The demand for skilled workers is outstripping the number available with the latest figures revealing that the number of potential skilled foreign workers trying to obtain a visa under the Tier 2 system remains above the current UK threshold. Figures showed that...

 despite changes to the cap on skilled workers, which last month included the removal of doctors and nurses, there remained more applications for employer-sponsored visas for non-EEA workers in July than there were available visas to legally obtain work in...

What is work? Complying with your visa conditions
By Gillian McCall

Under the Immigration Rules, many people have restrictions on their right to work in the UK. This article will look at some of the main definitions of work used in the Immigration rules in the main work and study based categories and discuss how this will...

 impact people in different situations. Types of leave and their restrictions: Tier 1 Tier 1 (Exceptional Talent): no employment as a Doctor or Dentist in Training, and no employment as a professional sportsperson (including as a sports coach). Tier 1...
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