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ECAA 2

T urkish
Bu si n es s pe r s on

Version 12/2007

APPLICATION FOR
AN EXTENSION OF STAY OR INDEFINITE
LEAVE TO REMAIN IN THE UK
AS A BUSINESSPERSON
UNDER THE
EUROPEAN COMMUNITY ASSOCIATION
AGREEMENT (ECAA) WITH TURKEY

There is no fee for an application on this form.

TH E A D D RE SS T O WHI C H YOU M UST P OS T


Y O U R AP P L I CA T I O N O N F O R M EC A A 2 IS :

Border and Immigration Agency


Turkish ECAA Team (ECAA 2)
PO Box 4160
Sheffield
S1 9DZ
This form is
to be used for
applications
made on or after
BUILDING A SAFE, JUST AND TOLERANT SOCIETY 17 December 2007
ECAA 2 Version 12/2007 - page 1 of 12
APPLYING ON FORM ECAA 2 : GUIDANCE NOTES
1 FOR WHICH APPLICATIONS MUST YOU USE FORM in this section (do the same where names and addresses are
ECAA 2? required in other sections).

This form is to be used only to apply for an extension of stay or Sections 1 and 2 You must provide the photographs of yourself
indefinite leave to remain in the UK as a businessperson under and any dependants included in the application. Use one sta-
the standstill provisions contained in the ECAA with Turkey. ple or paper clip in each person’s case to attach them to the
spaces provided. Do not use glue or any other sticky adhesive.
You and any dependants included in the application must be in See part 7 of these notes for more guidance on photographs.
the UK to apply.
All sections If you are at present unable to provide any of the
2 QUALIFYING FOR AN EXTENSION OF STAY OR INDEFINITE information or details requested in any of the sections, please
LEAVE TO REMAIN explain the reasons in a letter with the application form. If you
need help with any of the questions, you can seek advice by
To qualify for an extension of stay or indefinite leave to remain, telephoning 0870 606 7766.
you must be a Turkish national and you need to meet the
requirements of either paragraphs 21 or 28, respectively, of Section 7 This section lists the documents and photographs
the Immigration Rules (HC 510) as in force in 1973. The policy which you have to provide. If you can’t provide any of the
instructions for applications as a businessperson under HC510 documents specified in the application form, please explain
are in Chapter 6 Section 6 of the Immigration Directorate why in a letter with the form and say when you will be able to
Instructions, they are on the ‘Law and Policy’ pages on our provide them. See part 8 below for more guidance on docu-
website at www.bia.homeoffice.gov.uk ments.

3 WHO CAN APPLY ON THIS FORM? Section 8 Sign and date the declaration. If you don’t, the appli-
cation will be incomplete.
You and your partner and/or children under 18 if they are
applying as your dependants. 7 PHOTOGRAPHS

Unless otherwise stated, the word “partner” in these guidance You must provide the following photographs:
notes means a spouse, civil partner, unmarried or same sex
partner. Two identical passport-size photographs of yourself with your
name written on the back of each photograph.
4 WHEN TO APPLY

You should apply before the end of your authorised stay in the Two identical passport-size photographs of any dependants
UK. included in the application with their names written on the
back of each photograph.
5 MAKING SURE YOUR APPLICATION IS COMPLETE
The photographs should be in colour, recent (within the last
Your application will be delayed if it is incomplete. To make month), and approximately 45 millimetres high and 35 mil-
sure it is complete, you need to do the following: limetres wide, the size of a passport photo.

make it on the current version of form ECAA 2 Each photograph must show the individual’s full face clearly
against a light background. Sunglasses are not acceptable.
provide all the photographs of yourself and any dependants Nor is any head covering unless this has to be worn for reli-
included in the application as specified in the form gious or cultural reasons. But if the covering conceals the face,
this will not be acceptable.
provide all documents specified in the form
If the application(s) is/are successful, the photographs provid-
complete all sections of the form as required ed will be reproduced in your passport and those of any depen-
dants included in the application.
sign and date the declaration in the form 8 DOCUMENTS

Documents provided with the application must be originals.


6 COMPLETING THE FORM
Exceptionally, a certified copy may be acceptable. The copy
Please note the following guidance and information when you must be certified by the body or authority which issued the
complete the form. original (for example, a copy of a savings book certified by the
building society or bank), or by a notary. The reasons for pro-
Use a black pen to complete the form - and capital letters for viding a certified copy rather than the original document must
names, addresses and similar details. be explained in a covering letter.
Complete all sections, including the Personal History section. Generally speaking, it is unlikely that we will be able to grant
your application without seeing the original documents.
Section 1 This is where you give your own details. Leave a
space between each name or part of the address(es) required

ECAA 2 Version 12/2007 - page 2 of 12


APPLYING ON FORM ECAA 2 : GUIDANCE NOTES
9 APPLYING BY POST - THE ADDRESS 14 OTHER TELEPHONE ENQUIRIES

The postal address for an application on form ECAA 2 is: For enquiries other than obtaining an application form, call
0870 606 7766.
Border and Immigration Agency
Turkish ECAA Team (ECAA 2) We also have the following freephone textphone number:
PO Box 4160 0800 38 98 28 9.
Sheffield
S1 9DZ 15 CHOOSING AN IMMIGRATION ADVISER

Posting it to any other address will delay it. If you use Recorded If you engage an immigration adviser, take care in choosing
or Special Delivery, this will help us to record the receipt of one. The Office of the Immigration Services Commissioner
your application. Please make sure that you keep the (OISC) regulates immigration advisers. Their website at
Recorded or Special Delivery number. www.oisc.gov.uk contains a list of authorised advisers and has
links to websites for solicitors, barristers and legal executives.
We will return your passport(s) and other documents by If you have a complaint about an immigration adviser or need
Recorded Delivery. If you would like them to be returned by other information, the OISC contact details are:
Special Delivery, you must provide a prepaid Special Delivery
envelope big enough for the documents to be returned. Office of the Immigration Services Commissioner
5th Floor,
Counting House
10 APPLYING IN PERSON 53 Tooley Street
London
We do not provide a same-day service at our Public Enquiry SE1 2QN
Offices for applications made on form ECAA 2.
Telephone: 0845 000 0046

11 DECISION TIMES Alternatively the Law Society, which regulates solicitors in


England and Wales, can help you find a solicitor. You can con-
We aim to decide applications as soon as possible. For service
tact them on 0870 606 6575 or visit their website at www.law-
standards for deciding non-charged postal applications,
society.org.uk
please see our website.
To complain about a solicitor, call the Law Society’s Consumer
Complaints Service helpline on 0845 608 6565 or write to
12 CONTACTING US AFTER YOU HAVE APPLIED
them at:
If you need to contact us after you have applied, you should do
The Law Society
so as instructed below. Victoria Court
8 Dormer Place
To send us more information about your application, write to Leamington Spa
the address to which you posted your application as given in Warwickshire
part 9 of these notes and give the following details in your let- CV32 5AE
ter:

the applicant’s full name, date of birth and nationality


16 COMPLAINTS ABOUT OUR SERVICE
any Recorded or Special Delivery number
If you need advice on how to make a complaint about our serv-
the date on which the application was posted ice, call 0870 241 6523 or visit our website. You may com-
plain in writing to:
the Home Office reference number, if you have one.
BIA Customer Focus Team
If you need your passport because you have to travel urgently
PO Box 1384
and unexpectedly, call 0870 606 7766 and give the personal Croydon
and other details listed immediately above. CR9 3YJ
Your application will be treated as withdrawn if your passport Or by email to: bia.cu@homeoffice.gsi.gov.uk
is returned for travel abroad before your application can be
decided. 17 DATA PROTECTION NOTICE

13 OBTAINING APPLICATION FORMS We will treat all information provided by you in confidence but
may disclose it to other government departments, agencies,
You can obtain application forms from our Application Forms local authorities, the police, foreign governments and other
Unit on 0870 241 0645 or by downloading them from our bodies for immigration purposes or to enable them to perform
website. their functions.

We may also use the information provided by you for training


purposes.
ECAA 2 Version 12/2007 - page 3 of 12
ECAA 2
Tu rki s h
B us in es sp ers on

SECTION 1 - APPLICANT’S DETAILS


Attach two identical
photographs 1.1 Your title - please tick
Mr Mrs Miss Ms Other
of you (the applicant)
here with staple If other, what is your title?
or paper clip

1.2 Your date of birth Your gender - please tick


Do not use glue or Day Month Year Male Female
other sticky adhesive

1.3 Your full name as in your passport

1.4 Surname or family name

1.5 Any other name(s) by which you are or have been known

1.6 Nationality

1.7 Passport number 1.8 Home Office reference if you have one

1.9 National insurance number if you have one

1.10 Your UK address - please inform us immediately if this changes

Post code
1.11 Your daytime telephone number Your mobile telephone number if you have one

1.12 Your e-mail address if you have one

1.13 Name & address for returning documents and letters about your application if different from 1.10

Post code

1.14 If you have completed 1.13 and the address is that of your immigration adviser, please state their Office of the Immigration
Services Commissioner (OISC) number

ECAA 2 Version 12/2007 - page 4 of 12


SECTION 2 - DEPENDANTS INCLUDED IN YOUR APPLICATION
If you have a partner and/or any children under 18 living with you in the UK and they are applying for an extension of
stay or indefinite leave to remain in the UK as your dependants, this is where you give their details. Unless otherwise
stated, the word “partner” in this form means your spouse, civil partner, unmarried or same sex partner. If more than 3
children are applying, please give their details, with photographs, on a copy of this page and enclose it with this form.

Your partner’s full name

Attach two identical


photographs
of your partner
here with staple Nationality
or paper clip

Do not use glue or Day Year Male Female


Month
other sticky adhesive Gender -
Date of birth
please tick

Relationship to you Spouse Civil partner Unmarried partner Same sex partner
- please tick

Child’s full name

Attach two identical


photographs
of your child
here with staple Nationality
or paper clip

Do not use glue or


other sticky adhesive Date of birth Gender -please tick Relationship to you -
Day Month Year Male Female please tick

Son Daughter

Child’s full name

Attach two identical


photographs
of your child
here with staple Nationality
or paper clip

Do not use glue or


other sticky adhesive Date of birth Gender -please tick Relationship to you -
Day Month Year Male Female please tick

Son Daughter

Child’s full name

Attach two identical


photographs
of your child
here with staple Nationality
or paper clip

Do not use glue or


other sticky adhesive Date of birth Gender -please tick Relationship to you -
Day Month Year Male Female please tick

Son Daughter

ECAA 2 Version 12/2007 - page 5 of 12


SECTION 3 - THE BASIS OF YOUR APPLICATION
Tick a box below to show whether you are applying for an extension of stay either as someone wishing to switch into the
Turkish ECAA businessperson category or as someone already in it, or for indefinite leave to remain as a Turkish busi-
nessperson.

Extension of stay - switching into this category I entered the UK/was previously granted an extension of stay in a
capacity other than as a Turkish businessperson and I now wish to switch into this category and am applying for an exten-
sion of stay under paragraph 21 of HC 510.

Extension of stay - already in this category I have completed 12 months in the UK as a Turkish businessperson and
am now applying for an extension of stay in this category under paragraph 21 of HC 510.

Indefinite leave to remain I have completed at least 4 years in the UK as a Turkish businessperson and am now apply-
ing for indefinite leave to remain in this category under paragraph 28 of HC 510.

SECTION 4 - YOUR BUSINESS

This is where you give details of your business.

4.1 What type of business are you intending to start or have already established?

4.2 If you are already engaged in business, when did you start?

4.3 Full name and address of your business or firm

Postcode

4.4 Telephone number(s) of your business or firm

Landline Mobile

4.5 If you are registered with Companies House, what is your registration number?

ECAA 2 Version 12/2007 - page 6 of 12


SECTION 5 - DETAILS OF PERSONAL AND BUSINESS EXPENDITURE
5 . 1 Personal expenditure - for each item, please state the amount per week, month or year as appropriate.
£ £ £
per week per month per year For official use only

Rent

Mortgage

Council tax

Gas

Electricity

Water
Telephone

Food

Personal clothing

Car purchase

Car insurance

MOT

Road tax

Petrol/diesel

Bus/rail travel

Money sent to family abroad

5.2 Business expenditure - for each item, please state the amount per week, month or year as appropriate,
£ £ £
per week per month per year For official use only
Business premises rent

Business rates
Class 2 NI contributions

Employer’s tax & NI liability


Employer’s liability insurance

Public liability insurance

Corporation tax

VAT

Tax put aside

Bank interest
Payments to suppliers

Employee(s) salaries/wages

Your own salary/wages

Accountant
Payment for business plan

Stationery

Advertising
ECAA 2 Version 12/2007 - page 7 of 12
SECTION 6 - PERSONAL HISTORY
You must answer all the questions in this section on behalf of yourself and any dependants included in this application.
It is an offence under Section 26(1)(c) of the Immigration Act 1971 to make a statement or representation which you
know to be false or do not believe to be true. Information given will be checked with other agencies.

6.1 Do you or any dependants included in this application have any criminal convictions in the UK or Y es No
any other country (including traffic offences) or any civil judgments made against you?

If you have answered yes to question 6.1 above please give details below for each criminal conviction and/or civil judgment, start-
ing with the most recent one - but first see Note 1 about criminal convictions. If you or any dependants included in this application
have received more than two convictions and/or civil judgments, give details on a copy of this page and enclose it with this form.

Note 1 Convictions spent under the Rehabilitation of Offenders Act 1974 need not be disclosed. More information about the Act
is given towards the end of this section.

Name of person convicted or against whom a civil judgment was made

Nature of the criminal offence or the civil action (give details on a separate sheet and enclose it with this form if you need more space)

Details of the sentence or civil judgment (give details on separate sheet if you need more space) Date of sentence/judgment

Country where the sentence was passed or the civil judgment was made

Name of person convicted or against whom a civil judgment was made

Nature of the criminal offence or civil action (give details on separate sheet and enclose it with this form if you need more space)

Details of the sentence or civil judgment (give details on separate sheet if you need more space) Date of sentence/judgment

Country where the sentence was passed or the civil judgment was made

For help in answering the questions below, please see the definitions on the next page.

6.2 Have you or any dependants included in this application ever been charged in any country Yes No
with a criminal offence for which you have not yet been tried in court?

6.3 In times of either peace or war have you or any dependants included in this application ever Yes No
been involved, or suspected of involvement, in war crimes, crimes against humanity or geno-
cide?

6.4 Have you or any dependants included in this application ever been involved in, supported or Yes No
encouraged terrorist activities in any country?

6.5 Have you or any dependants included in this application ever been a member of, or given sup- Yes No
port to, an organisation which has been concerned in terrorism?

6.6 Have you or any dependants included in this application ever, by any means or medium, Yes No
expressed views that justify or glorify terrorist violence or that may encourage others to ter-
rorist acts or other serious criminal acts?

ECAA 2 Version 12/2007 - page 8 of 12


SECTION 6 - PERSONAL HISTORY
6.7 Have you or any dependants included in this application ever engaged in any other activities Yes No
which might indicate that you may not be considered to be persons of good character?

If you have answered yes to question 6.2, 6.3, 6.4, 6.5, 6.6 or 6.7 above please give further details in the space provided below. If
you need more space, continue on a separate sheet.

REHABILITATION OF OFFENDERS ACT 1974

The Rehabilitation of Offenders Act 1974 enables criminal convictions to become 'spent' or ignored after a 'rehabilitation period'.
The length of the rehabilitation period depends on the sentence given. For a custodial (prison) sentence the rehabilitation period is
decided by the original sentence, not the time served. Prison sentences of more than two and a half years can never become spent
and should always be disclosed. Further information on rehabilitation periods can be found at Nacro's Resettlement Plus Helpline
on 020 7840 6464 or by obtaining a free copy of their leaflet on 020 7840 6427.

DEFINITIONS

For the purposes of answering questions 6.3 to 6.7, the following information provides guidance on actions which may constitute
war crimes, crimes against humanity, genocide, or terrorist activities.

This guidance is not exhaustive. The full definitions of war crimes, crimes against humanity and genocide can be found in Schedule
8 of the International Criminal Court Act 2001 at www.opsi.gov.uk/acts/acts2001/20010017.htm or purchased from The
Stationery Office (telephone 0870 600 5522). It is your responsibility to satisfy yourself that you are familiar with the definitions
and can answer the questions accurately on behalf of yourself and any dependants included in the application.

War crimes
Grave breaches of the Geneva Conventions committed during an armed conflict. This includes an internal armed conflict and an
international armed conflict. The types of acts that may constitute a war crime include wilful killing, torture, extensive destruction
of property not justified by military necessity, unlawful deportation, the intentional targeting of civilians and the taking of hostages.

Crimes against humanity


Acts committed at any time (not just during armed conflict) as part of a widespread or systematic attack, directed against any civil-
ian population with knowledge of the attack. This would include offences such as murder, torture, rape, severe deprivation of liber-
ty in violation of fundamental rules of international law and enforced disappearance of persons.

Genocide
Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.

Terrorist activities
Any act committed, or the threat of action, designed to influence a government or intimidate the public and made for the purposes
of advancing a political, religious or ideological cause and that involves serious violence against a person; that may endanger anoth-
er person’s life; creates a serious risk to the health or safety of the public; involves serious damage to property; is designed to seri-
ously disrupt or interfere with an electronic system.

Organisations concerned in terrorism


An organisation is concerned in terrorism if it commits or participates in acts of terrorism; prepares for terrorism; promotes or
encourages terrorism (including the unlawful glorification of terrorism); or is otherwise concerned in terrorism.

ECAA 2 Version 12/2007 - page 9 of 12


SECTION 7 - DOCUMENTS AND PHOTOGRAPHS
For your application to be complete, you must provide the documents and photographs listed in this section which are rel-
evant to your application. Tick the boxes next to the relevant items to show the documents and photographs you are pro-
viding.

Attach all photographs to the spaces in sections 1 and 2 of the form as instructed there.

Two recent passport-size photographs of yourself with your name written on the back of each photograph. Please
see the guidance notes for information on what types of photograph are acceptable.

Two recent passport-size photographs of each dependant included in section 2 and applying for an extension of
stay or indefinite leave to remain with you, with their name written on the back of the photographs.

Your current passport. If you last entered the UK on a previous passport, please also provide this document if you have
it.

The current passport(s) of each dependant included in section 2 and applying for an extension of stay or indefinite
leave to remain. If they last entered the UK on previous passport(s), please also provide these documents if you have them.

Your police registration certificate if you have been asked to register with the police.

The police registration certificate(s) for each dependant included in section 2 and applying for an extension of stay or
indefinite leave to remain in the UK with you if they have been asked to register with the police.

Evidence of an established functioning business, such as a business plan, partnership agreement, documents relat-
ing to your business premises, relevant insurance documents, Inland Revenue documents, including evidence of payment,
and audited accounts.

Evidence of your qualification(s) to run the business, such as relevant formal qualifications or evidence of previous
relevant experience.

Evidence of your finances and your investment in the business, such as UK or overseas bank statements, over-
seas money transfers, and bank loans.

Evidence of any financial assistance from a third party (eg family member), such as bank statements or other
financial documents as evidence of their finances, and a legal or other document confirming their involvement in and share
of the business.

If you are joining an existing business, evidence that there is a genuine need for your involvement, such
as audited accounts of the business and a document setting out the terms of your involvement in it.

Evidence of the personal living costs given in section 5, such as rent or mortgage agreement, utility bills, council
tax statement, bank statements, and documents recording transfer of money to relatives abroad.

If you receive public funds, document(s) confirming this - see Note 2.

Note 2 For immigration purposes, public funds are any of the following:

housing or homelessness assistance; attendance allowance; severe disablement allowance; carer’s allowance; disability liv-
ing allowance; income support; working tax credit; social fund payment; council tax benefit; child benefit; income based job-
seeker’s allowance; housing benefit; state pension credit; child tax credit.

ECAA 2 Version 12/2007 - page 10 of 12


SECTION 8 - DECLARATION

You must now read the declaration below and sign it. This must be signed by you (the applicant) and not be a
representative or other person acting on your behalf.

I hereby apply for an extension of stay/indefinite leave to remain (delete as appropriate) in the UK for myself
and any dependants listed in this form. The information I have given in this form is complete and is true to
the best of my knowledge. I also declare that the photographs submitted with this form are a true likeness
of myself and any dependants included in the application, as named on the back of each photograph.

I confirm that if, before this application is decided, there is a material change in my circumstances or new
information relevant to this application becomes available, I will inform the Home Office.

I understand that all information provided by me to the Home Office will be treated in confidence but that it
may be disclosed to other government departments, agencies, local authorities, the police, foreign govern-
ments and other bodies for immigration purposes or to enable them to perform their functions.

I understand that documents provided in support of this application will be checked for authenticity. False
documents will be retained and may result in my application being refused and my case being referred to
the Border and Immigration Agency and other relevant authorities for the purposes of my prosecution and
subsequent removal from the United Kingdom.

I understand that the Home Office may use the information provided by me for training purposes.

I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and
Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002, to make to a person acting in exe-
cution of any of those Acts a statement or representation which I know to be false or do not believe to be
true, or to obtain or to seek to obtain leave to remain in the UK by means which include deception.

Signed Date

ECAA 2 Version 12/2007 - page 11 of 12


DOCUMENT CHECKLIST
Please complete this part of the form. It will help us to make sure that we have received the documents you supplied and to keep
a record of them while they are in our possession. The list is a standard one covering important documents which are common to
most application types. Please state how many of each of the following you have provided.

Passports Police registration Birth Marriage or civil Driving Other


certificates certificates partnership cer- licences (please list
tificates below)

Marriage certifi-
cates

FOR OFFICIAL USE ONLY

Passports Police registration Birth Marriage or civil Driving Other


certificates certificates partnership cer- licences
tificates

Signed Date

APPLICANT’S CHECKLIST
To ensure that your application is complete, please make the following checks before posting it. Tick each box
that is relevant to your application.

Is ECAA 2 the right form for you and is Have you ticked a box in Have you completed all
it valid for use? See date on front section 3 to show the relevant sections of the
page. basis of your application? form as specified?

Have you sent the documents and photographs specified in section 7 as listed below?

Current passport(s) Photographs Police registration All other relevant doc-


certificate(s) uments specified in
section 7

Have you signed and dated the declaration in sec- If you are unable to send us any of the documents
tion 8? specified in section 7 which are relevant to your
application, have you given an explanation and said
when you will be able to send them?

Finally, please make sure that the application is addressed exactly as shown below.

Border and Immigration Agency


Turkish ECAA Team (ECAA 2)
PO Box 4160
Sheffield
S1 7DZ
ECAA 2 Version 12/2007 - page 12 of 12