Turkish Citizen's Rights due to EEC agreement

[tarzan]

Hi,
i am a turkish citizen and will finish my 5 year work permit in december 2007.

in the following guidelines, it says a turkish citizen would not be subject to work permit after completing 48 months work permit employment. i changed my employment after finishing 48 months but how will I extend the visa when it expires, it is not mentioned on the directive.

would one of you know?

http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

thanks a lot
tarzan

[hsmporwp]

This is a very delicate issue. Need to be careful and check whether this will lead you to ILR.

It is correct that you can take employment after 48 months with any employer. But switching your visa from work permit to a visa related to Europe Agreement may affect any application for Indefinite Leave to Remain.


Can anyone clarify

[VictoriaS]

if you are about to complete 5 years on a work permit I wouldn't bother going down the Ankara Agreement route, just apply for ILR.

Victoria

[hsmporwp]

if you are about to complete 5 years on a work permit I wouldn't bother going down the Ankara Agreement route, just apply for ILR.

Victoria

Hi Victoria

Is that true that you can not apply for ILR after having worked 5 years with Ankara Agreement?

Thanks for your help.

[VictoriaS]

But you have worked for 5 years on a work permit, right?

Victoria

[hsmporwp]

But you have worked for 5 years on a work permit, right?

Victoria

Well i don't know Tarzan. But my friend has been working for almost 5 years by using his rights on Ankara Agreement not work permit. He is not sure if he can apply for ILR?

[VictoriaS]

Yes, he can apply.


Victoria

[hsmporwp]

Yes, he can apply.


Victoria

Thanks for your reply Victoria...

Though in this link it states no ILR applications were granted from Ankara Agreement yet.

http://www.ind.homeoffice.gov.uk/6353/a ... final1.pdf

It also seems very complicated as Ankara Agreement has two categories:

1. Self- employment
2. Worker

Unfortunately there is almost no guidance from home Office on worker category.

After spending 4 years on work permit. I now qualify for HSMP and eventually i can apply for ILR (after 5 years). On the other hand road to ILR by Ankara Agreement seems very foggy and circuitous.

Correct me if i am wrong?

[VictoriaS]

I would definitely go with the HSMP route if you are sure you qualify.

I have done one Ankara agreement application, and it was a nightmare. The forms are totally misleading and don't allow for all possibilities, and I don't really think the Home Office know what they are doing. I ended up sending off two different forms because it was so unclear as to which was the right one!

(it was approved in 4 weeks though!)

Then again...the Ankara agreement is free!

It's a difficult decision.

Victoria

[tarzan]

Hi Victoria,
ankara agreement is known for the rights it grants to self employed Turkish citizens, but also (along with the additional protocol in 1980 i guess) it also gives additional rights to turkish workers that became part of the labor market in the Eu country. such as:
1) if one person finishes 1 year of employment with an employer, and employer still wants to employ the person, if they need to extend the work visa, governments can not reject the permit- visa application.
2) if the worker finishes 2 (or 3, not sure) years with the employer, the worker can work within the same industry but with a different employer as well, without further permit.
3) if the worker finishes 4 years of work, he can work for any employer in any industry.

thinking that I fit to the 3rd category, i was wondering if there is any experince, or guideline for those people. i wasnt intending to apply for self employed category under ankara agreement.

[hsmporwp]

I would definitely go with the HSMP route if you are sure you qualify.

I have done one Ankara agreement application, and it was a nightmare. The forms are totally misleading and don't allow for all possibilities, and I don't really think the Home Office know what they are doing. I ended up sending off two different forms because it was so unclear as to which was the right one!

(it was approved in 4 weeks though!)

Then again...the Ankara agreement is free!

It's a difficult decision.

Victoria

Thanks for your answer Victoria and well done for the approval.

By the way, was it an ILR application for a worker?

[VictoriaS]

Yes.


Victoria

[avjones]

Hi Victoria - I agree, I've done several Ankara agreement cases, and they are very complicated.

[hsmporwp]

Yes.


Victoria

Woouuv...That is new information for me

I trust it was after 5 years not 4?

by the way many thanks for the clarifications you've made.

[VictoriaS]

It wasn't a permanent residence application, just a switch from dependent of an EEA national to leave to remain under the Ankara agreement. Still a pain in the @rse though.

Victoria

[hsmporwp]

It wasn't a permanent residence application, just a switch from dependent of an EEA national to leave to remain under the Ankara agreement. Still a pain in the @rse though.

Victoria

"Thanks for your answer Victoria and well done for the approval.
By the way, was it an ILR application for a worker?
--------------------------------------------------------------------------------
Yes.
Victoria"

Oh so you have misread my question... As you have said yes to ILR.

So you have not done or heard any application for Indefinite Leave to Remain with Ankara Agreement?