T urkish Bu si n es s pe r s on

ECAA 2
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

BUILDING A SAFE, JUST AND TOLERANT SOCIETY
ECAA 2 Version 12/2007 - page 1 of 12

This form is to be used for applications made on or after 17 December 2007

1 FOR WHICH APPLICATIONS MUST YOU USE FORM ECAA 2?

APPLYING ON FORM ECAA 2 : GUIDANCE NOTES

You and any dependants included in the application must be in the UK to apply.

This form is to be used only to apply for an extension of stay or indefinite leave to remain in the UK as a businessperson under the standstill provisions contained in the ECAA with Turkey.

in this section (do the same where names and addresses are required in other sections).

To qualify for an extension of stay or indefinite leave to remain, you must be a Turkish national and you need to meet the requirements of either paragraphs 21 or 28, respectively, of the Immigration Rules (HC 510) as in force in 1973. The policy instructions for applications as a businessperson under HC510 are in Chapter 6 Section 6 of the Immigration Directorate Instructions, they are on the ‘Law and Policy’ pages on our website at www.bia.homeoffice.gov.uk You and your partner and/or children under 18 if they are applying as your dependants. 3 WHO CAN APPLY ON THIS FORM?

2 QUALIFYING FOR AN EXTENSION OF STAY OR INDEFINITE LEAVE TO REMAIN

All sections If you are at present unable to provide any of the information or details requested in any of the sections, please explain the reasons in a letter with the application form. If you need help with any of the questions, you can seek advice by telephoning 0870 606 7766. Section 7 This section lists the documents and photographs which you have to provide. If you can’t provide any of the documents specified in the application form, please explain why in a letter with the form and say when you will be able to provide them. See part 8 below for more guidance on documents.

Sections 1 and 2 You must provide the photographs of yourself and any dependants included in the application. Use one staple or paper clip in each person’s case to attach them to the spaces provided. Do not use glue or any other sticky adhesive. See part 7 of these notes for more guidance on photographs.

Section 8 Sign and date the declaration. If you don’t, the application will be incomplete. You must provide the following photographs: 7 PHOTOGRAPHS

Unless otherwise stated, the word “partner” in these guidance notes means a spouse, civil partner, unmarried or same sex partner. You should apply before the end of your authorised stay in the UK. Your application will be delayed if it is incomplete. To make sure it is complete, you need to do the following: make it on the current version of form ECAA 2 provide all the photographs of yourself and any dependants included in the application as specified in the form provide all documents specified in the form complete all sections of the form as required sign and date the declaration in the form 6 COMPLETING THE FORM 5 MAKING SURE YOUR APPLICATION IS COMPLETE 4 WHEN TO APPLY

Two identical passport-size photographs of yourself with your name written on the back of each photograph. Two identical passport-size photographs of any dependants included in the application with their names written on the back of each photograph.

The photographs should be in colour, recent (within the last month), and approximately 45 millimetres high and 35 millimetres wide, the size of a passport photo.

If the application(s) is/are successful, the photographs provided will be reproduced in your passport and those of any dependants included in the application. 8 DOCUMENTS Documents provided with the application must be originals.

Each photograph must show the individual’s full face clearly against a light background. Sunglasses are not acceptable. Nor is any head covering unless this has to be worn for religious or cultural reasons. But if the covering conceals the face, this will not be acceptable.

Use a black pen to complete the form - and capital letters for names, addresses and similar details. Complete all sections, including the Personal History section.

Please note the following guidance and information when you complete the form.

Exceptionally, a certified copy may be acceptable. The copy must be certified by the body or authority which issued the original (for example, a copy of a savings book certified by the building society or bank), or by a notary. The reasons for providing a certified copy rather than the original document must be explained in a covering letter.

Section 1 This is where you give your own details. Leave a space between each name or part of the address(es) required

Generally speaking, it is unlikely that we will be able to grant your application without seeing the original documents.

ECAA 2 Version 12/2007 - page 2 of 12

The postal address for an application on form ECAA 2 is: Border and Immigration Agency Turkish ECAA Team (ECAA 2) PO Box 4160 Sheffield S1 9DZ

9 APPLYING BY POST - THE ADDRESS

APPLYING ON FORM ECAA 2 : GUIDANCE NOTES

For enquiries other than obtaining an application form, call 0870 606 7766. We also have the following freephone textphone number: 0800 38 98 28 9. 15 CHOOSING AN IMMIGRATION ADVISER

14 OTHER TELEPHONE ENQUIRIES

Posting it to any other address will delay it. If you use Recorded or Special Delivery, this will help us to record the receipt of your application. Please make sure that you keep the Recorded or Special Delivery number.

We will return your passport(s) and other documents by Recorded Delivery. If you would like them to be returned by Special Delivery, you must provide a prepaid Special Delivery envelope big enough for the documents to be returned. 10 APPLYING IN PERSON

If you engage an immigration adviser, take care in choosing one. The Office of the Immigration Services Commissioner (OISC) regulates immigration advisers. Their website at www.oisc.gov.uk contains a list of authorised advisers and has links to websites for solicitors, barristers and legal executives. If you have a complaint about an immigration adviser or need other information, the OISC contact details are: Office of the Immigration Services Commissioner 5th Floor, Counting House 53 Tooley Street London SE1 2QN

We do not provide a same-day service at our Public Enquiry Offices for applications made on form ECAA 2. 11 DECISION TIMES

We aim to decide applications as soon as possible. For service standards for deciding non-charged postal applications, please see our website. 12 CONTACTING US AFTER YOU HAVE APPLIED

Alternatively the Law Society, which regulates solicitors in England and Wales, can help you find a solicitor. You can contact them on 0870 606 6575 or visit their website at www.lawsociety.org.uk To complain about a solicitor, call the Law Society’s Consumer Complaints Service helpline on 0845 608 6565 or write to them at: The Law Society Victoria Court 8 Dormer Place Leamington Spa Warwickshire CV32 5AE

Telephone: 0845 000 0046

To send us more information about your application, write to the address to which you posted your application as given in part 9 of these notes and give the following details in your letter: the applicant’s full name, date of birth and nationality any Recorded or Special Delivery number

If you need to contact us after you have applied, you should do so as instructed below.

Your application will be treated as withdrawn if your passport is returned for travel abroad before your application can be decided. 13 OBTAINING APPLICATION FORMS

If you need your passport because you have to travel urgently and unexpectedly, call 0870 606 7766 and give the personal and other details listed immediately above.

the Home Office reference number, if you have one.

the date on which the application was posted

If you need advice on how to make a complaint about our service, call 0870 241 6523 or visit our website. You may complain in writing to: BIA Customer Focus Team PO Box 1384 Croydon CR9 3YJ

16 COMPLAINTS ABOUT OUR SERVICE

Or by email to: bia.cu@homeoffice.gsi.gov.uk We will treat all information provided by you in confidence but may disclose it to other government departments, agencies, local authorities, the police, foreign governments and other bodies for immigration purposes or to enable them to perform their functions. 17 DATA PROTECTION NOTICE

You can obtain application forms from our Application Forms Unit on 0870 241 0645 or by downloading them from our website.

ECAA 2 Version 12/2007 - page 3 of 12

We may also use the information provided by you for training purposes.

Attach two identical photographs of you (the applicant) here with staple or paper clip Do not use glue or other sticky adhesive

1.1

Your title - please tick

SECTION 1 - APPLICANT’S DETAILS
Mr Mrs Miss Ms

Tu rki s h B us in es sp ers on
Other

ECAA 2

If other, what is your title? 1.2
Day

Your date of birth
Month

Year

Your gender - please tick
Male Female

1.3

Your full name as in your passport

1.4 1.5

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

1.6 1.7 1.9

Nationality Passport number National insurance number if you have one 1.8 Home Office reference if you have one

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

1.11

Post code

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

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

Post code

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

SECTION 2 - DEPENDANTS INCLUDED IN YOUR APPLICATION

Attach two identical photographs of your partner here with staple or paper clip Do not use glue or other sticky adhesive

Nationality Date of birth Relationship to you - please tick Child’s full name
Day Month Year

Spouse

Civil partner

Unmarried partner

Gender please tick

Male

Female

Same sex partner

Attach two identical photographs of your child here with staple or paper clip Do not use glue or other sticky adhesive

Nationality Date of birth Gender -please tick
Male Female

Day

Month

Year

Relationship to you please tick Son Daughter

Attach two identical photographs of your child here with staple or paper clip Do not use glue or other sticky adhesive

Child’s full name

Nationality Date of birth Gender -please tick
Male Female

Day

Month

Year

Relationship to you please tick Son Daughter

Attach two identical photographs of your child here with staple or paper clip Do not use glue or other sticky adhesive

Child’s full name

Nationality Date of birth Gender -please tick
Male Female

Day

Month

Year

Relationship to you please tick Son Daughter

ECAA 2 Version 12/2007 - page 5 of 12

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 businessperson.

SECTION 3 - THE BASIS OF YOUR APPLICATION

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 extension 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 applying 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

5 . 1 Personal expenditure - for each item, please state the amount per week, month or year as appropriate. Rent
£ per week £ per month £ per year

SECTION 5 - DETAILS OF PERSONAL AND BUSINESS EXPENDITURE
For official use only

Council tax Electricity Telephone Personal clothing Car insurance Road tax MOT Car purchase Food Water Gas

Mortgage

Money sent to family abroad 5.2 Business expenditure - for each item, please state the amount per week, month or year as appropriate, Business premises rent Class 2 NI contributions Business rates
£ per week £ per month £ per year For official use only

Bus/rail travel

Petrol/diesel

Employer’s liability insurance Public liability insurance Corporation tax Tax put aside Payments to suppliers Bank interest VAT

Employer’s tax & NI liability

Employee(s) salaries/wages Your own salary/wages Accountant Stationery

Payment for business plan Advertising

ECAA 2 Version 12/2007 - page 7 of 12

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 any other country (including traffic offences) or any civil judgments made against you?
Y es No

SECTION 6 - PERSONAL HISTORY

If you have answered yes to question 6.1 above please give details below for each criminal conviction and/or civil judgment, starting 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.

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

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.

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) Country where the sentence was passed or the civil judgment was made Date of sentence/judgment

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) Country where the sentence was passed or the civil judgment was made Date of sentence/judgment

6.2 6.3

Have you or any dependants included in this application ever been charged in any country with a criminal offence for which you have not yet been tried in court?

For help in answering the questions below, please see the definitions on the next page.
Yes Yes No No

In times of either peace or war have you or any dependants included in this application ever been involved, or suspected of involvement, in war crimes, crimes against humanity or genocide? Have you or any dependants included in this application ever been involved in, supported or encouraged terrorist activities in any country?

6.4 6.5 6.6

Yes Yes Yes

No No No

Have you or any dependants included in this application ever, by any means or medium, expressed views that justify or glorify terrorist violence or that may encourage others to terrorist acts or other serious criminal acts?
ECAA 2 Version 12/2007 - page 8 of 12

Have you or any dependants included in this application ever been a member of, or given support to, an organisation which has been concerned in terrorism?

6.7

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.

Have you or any dependants included in this application ever engaged in any other activities which might indicate that you may not be considered to be persons of good character?

SECTION 6 - PERSONAL HISTORY

Yes

No

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.

REHABILITATION OF OFFENDERS ACT 1974

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.

DEFINITIONS

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 civilian population with knowledge of the attack. This would include offences such as murder, torture, rape, severe deprivation of liberty 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.

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.

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 another person’s life; creates a serious risk to the health or safety of the public; involves serious damage to property; is designed to seriously 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

For your application to be complete, you must provide the documents and photographs listed in this section which are relevant to your application. Tick the boxes next to the relevant items to show the documents and photographs you are providing. Attach all photographs to the spaces in sections 1 and 2 of the form as instructed there.

SECTION 7 - DOCUMENTS AND PHOTOGRAPHS

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.
it.

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

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 relating to your business premises, relevant insurance documents, Inland Revenue documents, including evidence of payment, and audited accounts.
relevant experience.

Evidence of your qualification(s) to run the business, such as relevant formal qualifications or evidence of previous 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.
as audited accounts of the business and a document setting out the terms of your involvement in it.

If you are joining an existing business, evidence that there is a genuine need for your involvement, such

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.
housing or homelessness assistance; attendance allowance; severe disablement allowance; carer’s allowance; disability living allowance; income support; working tax credit; social fund payment; council tax benefit; child benefit; income based jobseeker’s allowance; housing benefit; state pension credit; child tax credit.
ECAA 2 Version 12/2007 - page 10 of 12

Note 2

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

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 governments 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 execution 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.

SECTION 8 - DECLARATION

Signed

Date

ECAA 2 Version 12/2007 - page 11 of 12

Passports

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. Police registration certificates Birth certificates Marriage or civil partnership certificates Driving licences Other (please list below)

DOCUMENT CHECKLIST

Marriage certificates Passports Police registration certificates Birth certificates

FOR OFFICIAL USE ONLY

Marriage or civil partnership certificates

Driving licences

Other

Signed

Date

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

APPLICANT’S CHECKLIST

Have you sent the documents and photographs specified in section 7 as listed below? Current passport(s) Photographs Police registration certificate(s)

Have you signed and dated the declaration in section 8?

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

If you are unable to send us any of the documents 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?

All other relevant documents specified in section 7

ECAA 2 Version 12/2007 - page 12 of 12

Border and Immigration Agency Turkish ECAA Team (ECAA 2) PO Box 4160 Sheffield S1 7DZ