Immigration Rules Appendix ECAA Settlement: ECAA nationals and settlement

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October 8

10:57 2024

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ECAA 1.1. DELETED

ECAA 1.2. Unless the contrary intention is expressed in this Appendix, the definitions in paragraph 6 of the Immigration Rules shall apply to this Appendix.

PART ECAA 2. CONTINUOUS PERIODS LAWFULLY IN THE UK

DELETED

PART ECAA 3. REQUIREMENTS FOR ECAA WORKERS APPLYING FOR INDEFINITE LEAVE TO REMAIN

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

(a) be an ECAA worker; and
(b) have met the continuous residence requirement as set out in Appendix Continuous Residence for a qualifying 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
(c) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the UK, in accordance with Appendix KoLL; and
(d) have been able to support any family members with them without recourse to public funds to which they are not entitled; and
(e) not fall for refusal under Part 9: grounds for refusal; and
(f) not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

Indefinite leave to remain as an ECAA worker

ECAA 3.2. Indefinite leave to remain as an ECAA worker will be granted where the Secretary of State is satisfied that 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 as an ECAA worker will be refused where the Secretary of State is not satisfied that the requirements of paragraph ECAA 3.1. are met.

PART ECAA 4. REQUIREMENTS FOR ECAA BUSINESS PERSONS APPLYING FOR INDEFINITE LEAVE TO REMAIN

ECAA 4.1. The requirements for indefinite leave to remain as an ECAA business person are that the applicant must:

(a) be an ECAA business person; and
(b) have met the continuous residence requirement as set out in Appendix Continuous Residence for a qualifying period of 5 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) an ECAA business person; or
2. (ii) the Tier 1 (Entrepreneur) Migrant category; and
(c) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the UK, in accordance with Appendix KoLL; and
(d) not fall for refusal under Part 9: grounds for refusal; and
(e) be relying on a business or businesses which meet(s) the requirements under paragraph ECAA 4.2.; and
(f) not be in breach of UK immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

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

(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 they had leave as an ECAA business person; and
(b) the business or businesses upon which they are relying for any of the qualifying period is or are viable; and
(c) the applicant genuinely intends to continue operating one or more businesses in the UK.

ECAA 4.3. In making the assessment in paragraph ECAA 4.2., the Secretary of State may take into account the following factors:

(a) the evidence the applicant has submitted;
(b) the viability and credibility of the source of the money used to set up or invest in the business or businesses;
(c) the credibility of the financial accounts of the business or businesses;
(d) the credibility of the applicants business activity in the UK, including when they had leave as an ECAA business person;
(e) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
(f) any other relevant information.

ECAA 4.4. The Secretary of State may request additional information and evidence to support the assessment in paragraph ECAA 4.2. and may refuse the application if the information or evidence requested is not received by the Secretary of State at the address specified in the request within 28 calendar days of the date of the request.

Indefinite leave to remain as an ECAA business person

ECAA 4.5. Indefinite leave to remain as an ECAA business person will be granted where the Secretary of State is satisfied that the requirements of paragraph ECAA 4.1. are met.

Refusal of indefinite leave to remain as an ECAA business person

ECAA 4.6. Indefinite leave to remain as an ECAA business person will be refused where the Secretary of State is not satisfied that the requirements of paragraph ECAA 4.1. are met.

PART ECAA 5. REQUIREMENTS FOR CHILDREN OF ECAA WORKERS OR ECAA BUSINESS PERSONS APPLYING FOR INDEFINITE LEAVE TO REMAIN

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