Extensions of Stay and Settlement Under Appendix ECAA (Formerly Covered by the European Communities Association Agreement)
Extensions of Stay and Settlement Under Appendix ECAA (Formerly Covered by the European Communities Association Agreement)
Under the UK's immigration rules, Appendix ECAA governs applications related to the extension of stay and settlement for individuals who were previously covered by the European Communities Association Agreement (ECAA). The ECAA allowed certain citizens of Turkey, the European Union (EU), and European Economic Area (EEA) countries to live, work, and establish a business in the UK before the Brexit transition period ended.
The ECAA has now been replaced with provisions under Appendix ECAA of the UK immigration rules, which specifically deals with applications for Turkish workers, businesspersons, and their family members seeking to extend their stay or apply for settlement in the UK.
Key Areas of the ECAA Scheme
1. Extensions of Stay (Leave to Remain)
Individuals currently residing in the UK under the ECAA are required to apply for an extension of their stay to continue living and working in the UK. This application allows them to extend their visa beyond the initial stay permitted.
2. Settlement (Indefinite Leave to Remain - ILR)
Eligible individuals can apply for Indefinite Leave to Remain (ILR) after completing the required period of lawful residence in the UK. ILR allows an individual to remain in the UK permanently.
Eligibility for Extensions and Settlement under Appendix ECAA
For Workers and Businesspersons:
To be eligible for an extension of stay or to apply for settlement under Appendix ECAA, individuals must meet the following criteria:
1. Continuous Residence and Employment:
For workers: The individual must have worked in the UK for a certain period, which is usually 5 years under the previous rules.
For businesspersons: The individual must have continued to run their business in the UK for a similar period.
2. Employment in a Specific Sector or Business:
Applicants must have been employed or self-employed in a specific occupation or have maintained a viable business within the scope of the original visa provisions under the ECAA.
3. Financial Maintenance:
Applicants must demonstrate they can support themselves financially in the UK, without relying on public funds.
4. Proficiency in English:
Applicants may need to demonstrate a certain level of English language proficiency, particularly when applying for settlement (ILR).
5. Good Character:
Applicants must not have a criminal record or any behavior that would make them ineligible for settlement under UK immigration laws.
Application Process for Extensions of Stay (Leave to Remain)
Step 1: Review Your Eligibility
Before applying, review the eligibility criteria to ensure you meet the necessary requirements for extending your stay in the UK under Appendix ECAA.
Step 2: Complete the Online Application
Fill out the appropriate online visa extension application form. Be sure to include all required information regarding your employment or business status, finances, and accommodation.
Step 3: Gather Supporting Documents
You will need to provide supporting documents, including but not limited to:
- Proof of continued employment or business activity.
- Financial documents demonstrating your ability to support yourself.
- Evidence of accommodation arrangements.
- Passports and biometric information.
- Any supporting evidence for your continuous residence and compliance with UK immigration rules.
Step 4: Submit Biometrics
As part of the application process, you will be asked to provide biometric information (fingerprints and photographs) at a visa application center.
Step 5: Wait for the Decision
Once you’ve completed your online application and uploaded your documents, submit your application. You may be required to attend an appointment to provide biometric information (fingerprints and photograph).
Application Process for Settlement (Indefinite Leave to Remain - ILR)
Step 1: Review Settlement Requirements
Make sure you meet the necessary residency period, work/business activity requirements, and other conditions for applying for Indefinite Leave to Remain under Appendix ECAA.
Step 2: Complete the ILR Application
Complete the application form for Indefinite Leave to Remain and submit the required documents. This includes:
- Proof of 5 years of continuous residence in the UK (or the required time period).
- Evidence of your employment or business activity.
- Financial documentation to show you can support yourself.
- English language proficiency evidence (if required).
Step 3: Submit Biometrics and Payment
You will need to submit your biometric information and pay the application fee. The application fee for ILR varies depending on the circumstances, so ensure you check the latest fees.
Step 4: Wait for Decision
Once you have submitted your ILR application, the Home Office will process your request. The typical processing time for ILR applications is 6 months, but it can take longer depending on the complexity of your case.
Visa Fees and Immigration Health Surcharge (IHS)
- Extension of Stay: The application fee for an extension of stay under Appendix ECAA is typically £704. However, fees may vary depending on your specific circumstances (e.g., dependents, duration of stay).
- Indefinite Leave to Remain (ILR): The application fee for ILR under Appendix ECAA is generally £2,389. Again, this is subject to change depending on the type of application.
- Immigration Health Surcharge (IHS): Most applicants must pay the Immigration Health Surcharge as part of their application, which covers access to the UK’s National Health Service (NHS) during your stay.
Key Considerations
- Time Limits: Ensure you apply for an extension or settlement before your current visa expires. If you do not apply on time, you may lose your right to remain in the UK.
- Family Members: Your family members (spouse, children) may be eligible to apply as dependents under the same provisions.
- Permanent Residence: After obtaining Indefinite Leave to Remain (ILR), you will have the right to live and work in the UK without restrictions. You may eventually be eligible to apply for British citizenship after 12 months of holding ILR.
If you need further assistance please contact our visa consultants.