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1. ECAA 1.1. A person applying for permission to stay on the ECAA route must apply online on the gov.uk website on the specified form Turkish Businessperson or Worker.

1. ECAA 1.2. An application for permission to stay as an ECAA worker or ECAA business person must meet all the following requirements:
   1. (a) the applicant must be a Turkish national; and
   2. (b) the applicant must have provided any required biometrics; and
   3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality: and
   4. (d) the applicant must be in the UK.

1. ECAA 1.3. An application which does not met all the validity requirements for the ECAA route is invalid and may be rejected and not considered.

1. ECAA 2.1. The suitability requirement for the ECAA Extension of Stay route will be met unless:
   1. (a) the applicant is an ECAA worker, and in respect of conduct before 11pm on 31 December 2020, the decision maker considers it is proportionate to refuse the application on grounds of public policy, public security or public health in accordance with Article 14 of Decision 1/80; or
   2. (b) the applicant is a Turkish business person, and in respect of conduct before 11pm on 31 December 2020, the application is refused on grounds that it is undesirable to grant it in the light of the applicants character, conduct or associations as set out in paragraph 4 of HC510; or
   3. (c) in respect of conduct after 11pm on 31 December 2020, the applicant falls for refusal as provided for in Section 1 of Part 9 of these rules or ECAA 2.2.

1. ECAA 2.2. If applying for permission to stay and in respect of conduct after 11pm on 31 December 2020, the applicant must not be:
   1. (a)in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
   2. (b)on immigration bail.

ECAA worker requirement for the ECAA route

1. ECAA 3.1. To meet the ECAA worker requirement the applicant must:
   1. (a)have permission as an ECAA worker; and
   2. (b)have been lawfully employed in the UK for at least 3 years with the same employer; or
   3. (c)have been lawfully employed in the UK for at least 4 years, including at least 3 years with the same employer and the remaining time in the same occupation.

1. ECAA 3.2. The applicant must show that they will continue to be employed in the UK throughout the period of permission requested.

1. ECAA 3.3. The requirements in ECAA 3.1.and ECAA 3.2. must be proved by evidence that the applicant:
   1. (a)holds a valid employment contract with the employer; and
   2. (b)continues to receive payment for services as part of that contract.

1. ECAA 3.4. For the purposes of ECAA 3.1. the following absences will be treated as periods during which the applicant was lawfully employed:
   1. (a)annual holidays; and
   2. (b)statutory maternity leave, paternity leave or shared parental leave; and
   3. (c)statutory adoption leave; and
   4. (d)sick leave (up to 6 weeks in any 12 months, or longer if there are compelling circumstances); and
   5. (e)absence due to an accident at work; and
   6. (f)periods of involuntary unemployment (provided that the applicant registered with the relevant employment authorities and made a reasonable effort to re-join the workforce).

ECAA Business person requirement for the ECAA route

1. ECAA 4.1. To meet the ECAA business person requirement, the applicant must meet all the following requirements:
   1. (a)the applicant must have permission as an ECAA business person; and
   2. (b)the applicant must have established, or intend to establish, take over or become a partner or director of, one or more genuine businesses in the UK; and
   3. (c)the business or businesses must be viable; and
   4. (d)the applicant must genuinely intend to operate, or have genuinely operated, one or more businesses in the UK.

1. ECAA 4.2. The applicant must:
   1. (a) provide evidence that they have invested, or will invest, sufficient funds or assets in the business or businesses in proportion to their interest in the business or businesses; and
   2. (b) demonstrate that those funds or assets are, and continue to be, their own; and
   3. (c) demonstrate they can meet their share of the liabilities which the business or businesses may incur; and
   4. (d) demonstrate that their part in the business or businesses does not amount to disguised employment; and
   5. (e) demonstrate that their share of the profits of the business is enough to support themselves and any dependants; and
   6. (f) if they are joining an existing business, provide:
      1. (i) a written statement of the terms and conditions on which they are joining the business; and
      2. (ii) accounts for the existing business for the 12 months before the date of application; and
      3. (iii) evidence that there is a genuine need for their services and investment.

1. ECAA 4.3. In assessing whether the requirements in ECAA 4.1. and ECAA 4.2. are met, the factors that will be considered include the following:
   1. (a)the viability and credibility of the source of the money being used to set up or invest in the business or businesses; and
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