You can apply for a Turkish Businessperson visa if you are a Turkish national and you want to start a new business in the UK or come to the UK to join an existing business. To be granted the visa you must show that:
- You have a genuine intention to set up a viable business in the UK;
- You will bring sufficient funds to establish your business;
- You will be able to pay your share of the costs of running the business;
- Your share of the profits will be enough to support you and your family.
- Your English language ability is sufficient for you to do business in the UK;
- If you want to join an existing business you must show that you will have an active part in running the business and that there is a genuine need for your services and investment.
The initial visa is granted for up to 1 year and it can be extended to bring you to 5 years in the UK when you can apply for settlement and then for UK citizenship.
You can apply for permission to stay in the UK as a Turkish worker if you are a Turkish national and have legally worked in the UK for at least 1 year for the same employer as:
- The spouse of a British or settled person;
- A holder of a work permit allowing you to work in the UK;
- A student allowed to work during term time and full time during vacation periods;
The length of time you can stay and what job you can do depends on how long you have legally worked in the UK. After 3 years of legal employment a Turkish worker can take up employment with any employer within the same occupation and after 4 years of legal employment a worker can take up any offer of employment. After 5 years in the UK Turkish worker can apply for settlement and then for UK citizenship.
As of July 2018 the UK Home Office introduced new settlement (Indefinite Leave to Remain) route for Turkish business persons, Turkish workers, and their family members. The key requirements are: to have 5 years continues residence with the most recent period in the Turkish visa category, pass the Life in the UK test, meet the English language knowledge and have no general grounds for refusal (i.e. criminal record, good character etc.). Detailed overview of the requirements is provided below.
REQUIREMENTS FOR TURKISH ECAA WORKERS APPLYING FOR INDEFINITE LEAVE TO REMAIN ECAA The requirements for indefinite leave to remain to be granted to an ECAA worker are that the applicant must: (a) be a Turkish ECAA worker; and (b) have spent a continuous period of 5 years lawfully in the UK, of which the most recent period of leave must have been as a Turkish ECAA worker, in any combination of the following categories: (i) a Turkish ECAA worker; (ii) as a Tier 2 (General Migrant); (iii) as a Tier 2 (Minister of religion) Migrant; (iv) as a Tier 2 (Sportsperson) Migrant; or (v) as a work permit holder; and (c) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and (d) have been able to support any family members with them without recourse to public funds to which they are not entitled; and (e) not fall for refusal under the general grounds for refusal.
REQUIREMENTS FOR TURKISH ECAA BUSINESS PERSONS APPLYING FOR INDEFINITE LEAVE TO REMAIN ECAA The applicant must: (a) be a Turkish ECAA Business person; and (b) have spent a continuous period of 5 years lawfully in the UK, of which the most recent period of leave must have been as a Turkish ECAA business person, in any combination of the following categories: (i) the Turkish ECAA business person category; or (ii) the Tier 1 (Entrepreneur) Migrant category; and (c) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and (d) have been able to support any family members with them without recourse to public funds to which they are not entitled; and (e) not fall for refusal under the general grounds for refusal; and (e) the business upon which the applicant replies meets the requirement of paragraph ECAA 4.2: The Home Office must be satisfied that: (a) the applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while he had leave as a ECAA business person; and (b) the business or businesses upon which they are relying on for any of the qualifying period is/are viable; and (c) the applicant genuinely intends to continue operating one or more businesses in the UK. In making the assessment in ECAA 4.2, the Home Office must be satisfied on the balance of probabilities. The Home Office may take into account the following factors: (a) the evidence the applicant has submitted; (b) the viability and credibility of the source of the money used to set up or invest in the business or businesses; (c) the credibility of the financial accounts of the business or businesses; (d) the credibility of the applicant’s business activity in the UK, including when they had leave as an ECAA business person; (e) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and (f) any other relevant information.
REQUIREMENTS FOR CHILDREN OF ECAA WORKERS OR ECAA BUSINESS PERSONS APPLYING FOR INDEFINITE LEAVE TO REMAIN ECAA The Home Office must be satisfied that: (a) the applicant is the child of a parent who has, or is at the same time being granted, indefinite leave to remain as: (i) an ECAA worker or ECAA business person; or (ii) the spouse, civil partner or unmarried partner of an ECAA worker or ECAA business person; and (b) the applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the ECAA Worker or Business Person, or the partner of an ECAA Worker or Business Person who is being granted indefinite leave to remain. (c) the applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if they are over the age of 21 on the date the application is made, they must provide the specified documents and information in paragraph 319H-SD of immigration rules (references to the Relevant Points Based System Migrant should be read to mean the ECAA worker or ECAA business person) to show that this requirement is met. (d) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless: (i) the ECAA worker or business person is the applicant’s sole surviving parent; or (ii) the ECAA worker or business person parent has and has had sole responsibility for the applicant’s upbringing; or (iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care; or (iv) the parent is, at the same time, being granted indefinite leave to remain as an ECAA worker or business person, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant; and (e) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless they are under the age of 18 at the date on which the application is made; and (f) if the applicant is a of an ECAA worker or business person the applicant must provide a full birth certificate, with translations where necessary showing the names of both parents; and (g) all arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations; and (h) the applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of the Immigration Rules applies, any current period of overstaying will be disregarded; and (i) the applicant must not fall for refusal under the general grounds for refusal.
REQUIREMENTS FOR PARTNERS OF ECAA WORKERS OR ECAA BUSINESS PERSONS APPLYING FOR INDEFINITE LEAVE TO REMAIN ECAA The Home Office must be satisfied that: (a) The applicant must be the spouse, civil partner or unmarried partner of a person who: (i) has indefinite leave to remain as an ECAA worker or business person; or (ii) is, at the same time being granted indefinite leave to remain as a ECAA worker or business person; or (iii) has become a British Citizen where prior to that they held indefinite leave to remain as a ECAA worker or business person; and (b) the applicant must have, or have last been granted, leave as the spouse, civil partner or unmarried partner of the ECAA worker or business person; and (c) the marriage or civil partnership, or unmarried partnership, must be genuine and subsisting at the time the application is made; and (d) the applicant and the ECAA worker or business person must intend to live permanently with the other as their spouse or civil partner or unmarried partner; and (e) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and (f) the applicant and the ECAA worker or business person must have been living together in the UK in a marriage or civil partnership, or in a unmarried partnership, for at least the applicable specified period in line with paragraphs ECAA 6.2 and ECAA 6.3 (please see details further below); and (g) the applicant must not fall for refusal under the general grounds for refusal.
ECAA 6.2. The specified period for spouses, civil partners or unmarried partners of ECAA workers or business persons is a continuous period of 5 years. The 5 year period may consist of a combination of leave as either: (a) the spouse, civil partner or unmarried partner of an ECAA worker or business person; or (b) the spouse, civil partner or unmarried partner of an ECAA worker or business person during a period when the sponsor had leave under another category of these Rules. (a) have been in a relationship with the same ECAA worker or business person for the entire period; and (b) have spent the most recent part of the 5 year period with leave as the spouse, civil partner or unmarried partner of that ECAA worker or business person; and (c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner or unmarried partner of that person at a time when that person had leave under another category of the Immigration Rules; and (d) not have been absent from the UK for more than 180 days during any 12 month period, subject to the following exceptions: (i) where the absence from the UK was for the purpose of assisting with a national or international humanitarian or environmental crisis overseas, provided the applicant is able to sufficiently evidence that this was the purpose of the absence, then this shall not count towards the 180 days; (ii) any absence from the UK during periods of leave granted under the Rules in place before 6 July 2018 shall not count towards the 180 days; and (iii) any time spent lawfully in the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man shall be deemed to be spent as time in the UK.
Meet the team
Aleksandra is a Solicitor in the Commercial team. She joined the firm in April 2017 with 10 years’ experience working in law firms, advocates’ offices and non-governmental organisations in Poland and in the UK. Having originally qualified in Poland, Aleksandra is a dual-qualified lawyer with a highly varied practice and she is experienced in matters including immigration, criminal, civil and cross-jurisdictional cases.
Aleksandra regularly advises companies and high net worth individuals on Tier 1, Tier 2 and Sole representative of an overseas business applications, and advises EEA nationals on permanent residence, naturalisation, and EEA family permit applications.
Her practice has also involved representing Polish and international companies establishing businesses in Poland and in the UK, drafting and negotiating contracts and advising on suitable business entities and company formation.
Aleksandra also works closely with the firm’s Private Client department and is involved in administration of estate and preparing wills and powers of attorney.
Aleksandra graduated from the University of Gdansk with a master’s degree in Law, before qualifying as an advocate and has also achieved degrees in EU law and American law. Away from the office, Aleksandra enjoys fitness, classical music and learning languages.
Aleksandra is a member of the Immigration Law Practitioners’ Association.
Andrew Firman is a partner in our corporate & commercial team. His employment practice covers both contentious and non-contentious work for both employers and employees. His corporate and banking practice concentrates on contractual and advice work given mainly to SMEs and charities. Additionally, he advises both individuals and businesses on a range of immigration matters.
In his work, Andrew looks for proactive and pragmatic solutions derived from a proper understanding of the client’s perspective and against the background of the commercial constraints.
Career highlights include
- running a David v Goliath style battle for a former employee of a US based bank related to the late vesting of share options following that employee’s termination at a time when the US markets were in freefall
- negotiating, finalising and drawing down for an off-shore SPV borrower at £310M facility to buy a group of companies which owned, as an investment, the London HQ of a multinational corporation
More recently, Andrew has advised upon
- the sale of a leading clinician–led healthcare consulting and IT services group to a global technology and services company specialising in the healthcare field
- the restructuring and relocation of a nutritional supplements business within the UK
- settlement of a long running shareholders dispute concerning a company running a niche members’ gym in a close knit area of London
- finalisation of the UK legal aspects to a cross border merger with an Italian company
- the negotiation of departure terms for the CEO of a leading interdealer broker
Andrew has over the years enjoyed advising many owner-managed SMEs on the range of their needs for commercial, employment and dispute related legal advice. He is delighted that the firm has recently received recognition through the award by Acquisitions International of “UK Most Trusted Law Firm of the Year to SMEs 2013” because it goes to the depth of the relationships the firm has with its clients and its target market in terms of size of business clients.
Andrew was educated at Nailsea School and holds degrees in law from Manchester and Leicester Universities. He qualified as a solicitor in 1995. He is a co-author of a Practical Guide to Drone Law.
Away from the office Andrew, married to a local GP and of occasional use to his three teenage children, runs and is heavily involved in his local church.
Katarzyna (Kate) Boguslawska is a Partner in our corporate and commercial department.
Kate’s clients range from start-up owners through to SMEs and some global main-players who need advice on business-related matters. These range from advice on employment and company matters to contract drafting and disputes. Kate understands her clients, their needs and goals. Her clients often praise her pragmatic approach and tailored practical advice.
In her employment practice Kate:
- drafts contracts, handbooks and company policies
- provides regular Employment/HR Advice
- negotiates contracts
- drafts and negotiate settlement agreements
- helps to navigate through TUPE, restructure and redundancies
- advises and represents in claims for unfair dismissal, discrimination, breach of contract, unlawful deduction from wages, etc
- advises on injunctive relief and restrictive covenants
Notable employment work included:
- advising a well-known English designer in company restructure and redundancies;
- advising employers and high net worth individuals on settlement agreements and severance packages;
- regular HR advice to a number of company clients;
- advising media company on contracts and issues relating to confidentiality, IP and restrictive covenants;
- representing high earning claimants in ‘Stress at Work’ personal injury matters.
In her commercial and company practice Kate:
- advises on suitable business entities and company formation;
- advises on company and directors’ duties;
- drafts necessary company documents including amended articles and resolutions;
- drafts and negotiates contracts and shareholders’ agreements;
- advises on shareholders disputes.
Notable commercial work included:
- advising and representing foreign companies establishing business in the UK;
- advising companies on matters involving directors’ duties and shareholders’ disputes;
- advising a Polish PLC on contract matters and negotiating on its behalf with an English PLC;
- representing an international cosmetics company in injunctive relief and restraint of trade matters;
- representing hauliers in representations against Border Force and HMRC in excise duty matters;
- advising EU nationals on immigration issues, residency and citizenship applications in the UK.
Kate has strong links in the Polish community and is recommended by the Polish Embassy in London, having co-written a Guide for Polish Investors in the UK that was published by the Embassy. She has a broad network of international connections and has been instructed by law firms in Poland to assist their clients in matters involving English jurisdiction.