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ECAA 1.1. DELETED

ECAA 1.1. Unless the contrary intention is expressed in this Appendix, the definitions in paragraph 6 of the Immigration Rules shall apply to this Appendix.

ECAA 2.1. References to a continuous period lawfully in the UK for the purposes of this Appendix mean residence in the UK for an unbroken period with valid leave, and for these purposes a period shall be considered unbroken where:

1. (a) the applicant has not been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that any absence from the UK for the purpose of:
   1. (i)assisting with a national crisis; or
   2. (ii)assisting with an international humanitarian or environmental crisis overseas; or
   3. (iii)as a result of travel restrictions or serious illness,shall not count towards the 180 days, if the applicant provides evidence that this was the reason of the absence(s);
2. (b) the applicant has existing limited leave to enter or remain upon their departure and return except that:
   1. (i) where that leave expired no more than 28 days prior to a further application for entry clearance which was made before 6 July 2018 and subsequently granted, that period and any period pending the applicants re-entry into the United Kingdom shall be disregarded; and
   2. (ii) where, on or after 6 July 2018, the applicant makes a further application for entry clearance during the currency of continuing limited leave which is subsequently granted, the period spent outside the UK with continuing leave and any period pending the applicants re-entry into the United Kingdom shall be disregarded; and
3. (c) the applicant has any current period of overstaying disregarded where paragraph 39E of the Immigration Rules applies; and
4. (d) DELETED.

ECAA 2.2. Except for periods where the applicant had leave as:

1. (a) an ECAA business person;
2. (b) a Tier 1 Migrant other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant; or
3. (c) a Tier 1 (Entrepreneur) Migrant;

any absences from the UK during the relevant qualifying period must have been for a purpose that is consistent with the applicants basis of stay here, including paid annual leave, or for serious or compelling reasons.

ECAA 2.3. The continuous period will be considered as ending on whichever of the following dates is most beneficial to the applicant:

1. (a) the date of application;
2. (b) the date of decision; or
3. (c) any date up to 28 days after the date of application

ECAA 2.4. References to a continuous period spent with valid leave in the UK include time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, where that leave was granted for an equivalent purpose to one of the categories stated in the relevant paragraph, provided that the most recent period prior to the date of application was spent in the UK with valid leave in the relevant category.

ECAA 3.1. The requirements for indefinite leave to remain to be granted to an ECAA worker are that the applicant must:

1. (a)be an ECAA worker; and
2. (b)have resided lawfully in the UK for a continuous period of 5 years, of which the most recent period of leave must have been as an ECAA worker, in any combination of the following categories:
   1. (i)an ECAA worker;
   2. (ii)as a Tier 2 (General Migrant);
   3. (iii)as a Tier 2 (Minister of religion) Migrant;
   4. (iv)as a Tier 2 (Sportsperson) Migrant; or
   5. (v)as a work permit holder; and
3. (c) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
4. (d) have been able to support any family members with them without recourse to public funds to which they are not entitled; and
5. (e) not fall for refusal under Part 9: grounds

Indefinite leave to remain as an ECAA worker

ECAA 3.2. Indefinite leave to remain will be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph ECAA 3.1 are met.

Refusal of indefinite leave to remain as an ECAA worker

ECAA 3.3. Indefinite leave to remain for ECAA workers is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph ECAA 3.1 are met.

ECAA 4.1. The applicant must:

1. (a)be an ECAA business person; and
2. (b)have resided lawfully in the UK for a continuous period of five years, of which the most recent period of leave must have been as an ECAA business person, in any combination of the following categories:
   1. (i) the ECAA business person; or
   2. (ii) the Tier 1 (Entrepreneur) Migrant category; and
3. (c) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
4. (d) not fall for refusal under Part 9: grounds for refusal; and
5. (e) be relying on a business which meet (s) the requirements under paragraph ECAA 4.2.
6. (e) DELETED.

ECAA 4.2. The Secretary of State must be satisfied on the balance of probabilities that:

1. (a) the applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while he had leave as an
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