ECAA Turkish Worker ILR Application - When to apply?

[grosvenorave]

Hi all

I completed my ILR application last week and have an appointment scheduled for later today. But one thing I just noticed on my police registration form made me think - your opinion will be appreciated.

I came to the UK with a Tier 2 ICT visa valid for 1 year in November 2013, and switched to ECAA Turkish Worker visa one month before ICT expired. So to me, I have been on ECAA since November 2014.

As you know, last year Home Office changed ILR rules for ECAA holders. New requirement for ILR application is to be on the ECAA visa for 5 years - which I do. But my concern is this: Although I applied for the ECAA visa in November 2014, it was approved in March 2015. So if Home Office base their time on ECAA visa from the date of ECAA application, they will use November 2014 date and I will qualify for ILR, but if they they base it on the approval date of my first ECAA visa, they will use this March 2015 date and I won't. Does anyone have any experience with this?

I suppose in simpler terms, the question is this: When your visa expires, and the new visa takes 5 months - does your new visa start from the application date, or approval date? Does the time spent in application taken into account for the ILR application purposes?

[CR001]

I came to the UK with a Tier 2 ICT visa valid for 1 year in November 2013, and switched to ECAA Turkish Worker visa one month before ICT expired. So to me, I have been on ECAA since November 2014.

You have misunderstood. If you only applied before your ICT expired, then you have NOT been on the ECAA visa. While your application is pending with HO, your Tier 2 ICT visa conditions continued under Section 3C of the Immigration Rules. Simply applying for another visa does not mean you are ON another visa at that point.

As you know, last year Home Office changed ILR rules for ECAA holders. New requirement for ILR application is to be on the ECAA visa for 5 years - which I do. But my concern is this: Although I applied for the ECAA visa in November 2014, it was approved in March 2015. So if Home Office base their time on ECAA visa from the date of ECAA application, they will use November 2014 date and I will qualify for ILR, but if they they base it on the approval date of my first ECAA visa, they will use this March 2015 date and I won't. Does anyone have any experience with this?

You don't qualify for ILR yet. Your ILR qualifying period starts counting from the date your ECAA visa was ISSUED/APPROVED. Until that point, you were considered a Tier 2 ICT visa holder. ICT visas does NOT count towards ILR in your case. You have applied far too early for ILR.

I suppose in simpler terms, the question is this: When your visa expires, and the new visa takes 5 months - does your new visa start from the application date, or approval date? Does the time spent in application taken into account for the ILR application purposes?

Your new visa starts from the date of approval only. No, the time you waited for approval does NOT count as ICT is not a qualifying visa for ILR based on 5 years residence.

[grosvenorave]

Thanks for the response.

In this case I qualify for ILR application in 25 March 2020. It takes up to 6 months for Home Office to process ECAA ILR applications, and the guidance says qualifying period is calculated from either (i) the application date, (ii) or the decision date, whichever is more beneficial to the applicant.

Given the situation, what's the likelihood of Home Office basing their qualifying period on the decision date, which can fall in the 6 months period? Or are they more likely to refuse the application straight away? I appreciate it's a judgement call at this point but your opinion is appreciated. Thanks.

[CR001]

In this case I qualify for ILR application in 25 March 2020. It takes up to 6 months for Home Office to process ECAA ILR applications, and the guidance says qualifying period is calculated from either (i) the application date, (ii) or the decision date, whichever is more beneficial to the applicant.

Standard applications take roughly 8 weeks. It is rare for applications to take 6 months these days.

Given the situation, what's the likelihood of Home Office basing their qualifying period on the decision date, which can fall in the 6 months period? Or are they more likely to refuse the application straight away? I appreciate it's a judgement call at this point but your opinion is appreciated. Thanks

You qualify for ILR no sooner than within 28 days before the 5th anniversary of your initial ECAA visa issue date. If you do not meet the requirements, it will be refused and you will lose your fee.

[grosvenorave]

Thanks.

I beg to differ re timeframe. There is a Turkish ECAA forum where users are reporting that ECAA ILR applications are taking an average of 4 months at the moment. It's very rare to get a response before that.

And this is from the ECAA ILR guidance:

"Calculating the continuous period
The continuous period is to be calculated to end on whichever of the following dates is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application- this means that an applicant may apply up to 28 days in advance of accruing their 5 year continuous period"

So it's still technically possible but probably unlikely to get a positive decision to my application.

I appreciate your response but you come across as quite grumpy. Apologies if my early application upset you. Take care.