New version to be used for pleas made on or after 27th August
20th August 2010: For the UK Border Agency has published a new version of application form `ECAA 1’ for such Turkish workers.
The new version of the form, version 08/2010, should be used for applications made on or after 27th August 2010. If you are applying on or before 26th August 2010, you must use the current version of the form— version 04/2010.
To qualify for permission to stay known as ‘leave to remain’ as a Turkish worker, you must be a worker; be duly registered as belonging to the UK’s labour force; and have been in legal employment with the same employer for at least a year.
The UKBA adds: `If workers have worked for different employers while they have been in the UK, it can be difficult for us to see whether they have been in continuous lawful employment. We have therefore added an ’employment history’ table in section 4.5 of the ECAA 1 form. The table will make it easier for our caseworkers to identify gaps within applicants’ employment history.
Elaborating, the UKBA says: `If you are a Turkish citizen who is legally employed in the United Kingdom because you have a visa that gives you permission to work, a decision by the Association Council of the ECAA has given you certain rights.
`You may apply for further permission to stay in the United Kingdom after you have worked here for one year, so that you can continue to work for the same employer if a job is available; change employers after you have been working here for three years, if you are continuing to work in the same occupation; and work in any type of job for any employer after you have been working here for four years.
`If your application is successful, we will give you permission to stay as a Turkish ECAA worker.
`You will not be able to apply for permission to stay here permanently known as ‘indefinite leave to remain’.
`You cannot benefit from the ECAA if you have breached United Kingdom immigration law in order to be able to work. If this is the case, you will need to meet the requirements of the current immigration rules – this means that you will need to apply for permission to stay and work here under Tier 2 of the points-based system.
`To apply for permission to stay in the United Kingdom as a Turkish ECAA worker, you should complete application form ECAA 1 Turkish Employed.
`You can also apply for permission for your dependants to remain in the United Kingdom with you. You can do this by listing your dependants on form ECAA 1, or your dependants can apply separately using form ECAA 3.