Turkish Content

TURKISH INFORMATION

TURKISH INFORMATION

    TURKISH ANKARA AGREEMENT

    Q. What is the Ankara agreement?
    A. The Agreement Creating An Association Between The Republic of Turkey and the European Economic Community (commonly known as the Ankara Agreement) (Turkish: Ankara Anlaşması), is a treaty, signed in 1963, which provides for the framework for the co-operation between Turkey and the European Union (EU).

    Turkey first applied for associate membership of the European Economic Community (EEC) in July 1959, the EEC having been established in 1958. The EEC responded by suggesting the establishment of an association as an interim measure leading to full accession. This led to negotiations which resulted in the Ankara Agreement on 12 September 1963.

    The Ankara Agreement was signed on 12 September 1963 in Ankara. The Agreement initiated a three-step process toward creating a customs union to help secure Turkey's full membership in the EEC. Upon creation, the customs union would begin the integration of economic and trade policy, which the EEC considered necessary.

    An Association Council, set up by the Agreement, controls its development and gives the Agreement detailed effect by making decisions.

    In 1970, Turkey and the EEC agreed an Additional Protocol to the Agreement.

    One part of the Agreement was to be financial assistance from the EEC to Turkey, including loans worth 175 million ECU during the period from 1963 to 1970. The results were mixed; EEC trade concessions to Turkey in the form of tariff quotas proved less effective than hoped, but the EEC's share in Turkish imports rose substantially during the period.

    The Agreement sought the free circulation of workers, establishment and services, including virtually total harmonisation with EEC policies relating to the internal market. However, it excluded Turkey from political positions and precluded its recourse to the European Court of Justice for dispute resolution to some extent.

    With the European Union replacing the EEC with the entry into force of the Lisbon Treaty, the Ankara Agreement now governs relations between Turkey and the EU.
        TURKISH ANKARA AGREEMENT

        Q. What is the Ankara agreement?
        A. The Agreement Creating An Association Between The Republic of Turkey and the European Economic Community (commonly known as the Ankara Agreement) (Turkish: Ankara Anlaşması), is a treaty, signed in 1963, which provides for the framework for the co-operation between Turkey and the European Union (EU).

        Turkey first applied for associate membership of the European Economic Community (EEC) in July 1959, the EEC having been established in 1958. The EEC responded by suggesting the establishment of an association as an interim measure leading to full accession. This led to negotiations which resulted in the Ankara Agreement on 12 September 1963.

        The Ankara Agreement was signed on 12 September 1963 in Ankara. The Agreement initiated a three-step process toward creating a customs union to help secure Turkey's full membership in the EEC. Upon creation, the customs union would begin the integration of economic and trade policy, which the EEC considered necessary.

        An Association Council, set up by the Agreement, controls its development and gives the Agreement detailed effect by making decisions.

        In 1970, Turkey and the EEC agreed an Additional Protocol to the Agreement.

        One part of the Agreement was to be financial assistance from the EEC to Turkey, including loans worth 175 million ECU during the period from 1963 to 1970. The results were mixed; EEC trade concessions to Turkey in the form of tariff quotas proved less effective than hoped, but the EEC's share in Turkish imports rose substantially during the period.

        The Agreement sought the free circulation of workers, establishment and services, including virtually total harmonisation with EEC policies relating to the internal market. However, it excluded Turkey from political positions and precluded its recourse to the European Court of Justice for dispute resolution to some extent.

        With the European Union replacing the EEC with the entry into force of the Lisbon Treaty, the Ankara Agreement now governs relations between Turkey and the EU.
            ACCESSION OF TURKEY TO THE EU

            Q. What is the Accession of Turkey to the European Union?
            A. Turkey's application to accede to the European Economic Community, the predecessor of the European Union (EU), was made on 14 April 1987. After the ten founding members, Turkey was one of the first countries to become a member of the Council of Europe in 1949. The country was also an associate member of the Western European Union from 1992 to its end in 2011. Turkey signed a Customs Union agreement with the EU in 1995 and was officially recognised as a candidate for full membership on 12 December 1999, at the Helsinki summit of the European Council.

            Negotiations for full membership were started on 3 October 2005. Progress was slow, and out of the 35 Chapters necessary to complete the accession process only 16 had been opened and one had been closed by May 2016. The early 2016 refugee deal between Turkey and the European Union was intended to accelerate negotiations after previous stagnation and allow visa-free travel through Europe for Turks.

            Since 2016 accession negotiations have stalled. The EU has accused and criticized Turkey for human rights violations and deficits in rule of law. In 2017, EU officials expressed that planned Turkish policies violate the Copenhagen criteria of eligibility for an EU membership. On 26 June 2018, the EU's General Affairs Council stated that "the Council notes that Turkey has been moving further away from the European Union. Turkey’s accession negotiations have therefore effectively come to a standstill and no further chapters can be considered for opening or closing and no further work towards the modernisation of the EU-Turkey Customs Union is foreseen."
                ACCESSION OF TURKEY TO THE EU

                Q. What is the Accession of Turkey to the European Union?
                A. Turkey's application to accede to the European Economic Community, the predecessor of the European Union (EU), was made on 14 April 1987. After the ten founding members, Turkey was one of the first countries to become a member of the Council of Europe in 1949. The country was also an associate member of the Western European Union from 1992 to its end in 2011. Turkey signed a Customs Union agreement with the EU in 1995 and was officially recognised as a candidate for full membership on 12 December 1999, at the Helsinki summit of the European Council.

                Negotiations for full membership were started on 3 October 2005. Progress was slow, and out of the 35 Chapters necessary to complete the accession process only 16 had been opened and one had been closed by May 2016. The early 2016 refugee deal between Turkey and the European Union was intended to accelerate negotiations after previous stagnation and allow visa-free travel through Europe for Turks.

                Since 2016 accession negotiations have stalled. The EU has accused and criticized Turkey for human rights violations and deficits in rule of law. In 2017, EU officials expressed that planned Turkish policies violate the Copenhagen criteria of eligibility for an EU membership. On 26 June 2018, the EU's General Affairs Council stated that "the Council notes that Turkey has been moving further away from the European Union. Turkey’s accession negotiations have therefore effectively come to a standstill and no further chapters can be considered for opening or closing and no further work towards the modernisation of the EU-Turkey Customs Union is foreseen."
                    TURKISH INDIVIDUAL RIGHTS

                    Q. What is Turkish individual rights?
                    A. The Agreement, its Additional Protocol and Decisions of the Association Council are part of EEC law. The European Court of Justice has decided that these give specific rights to Turkish nationals and businesses that the EEC Member States are required by EEC law to respect.

                    Under Article 6(1) of Association Council Decision 1/80, Turkish nationals legally employed in an EEC member state for a certain period gain rights to remain or switch employment in that state:
                    • a Turkish national legally employed by the same employer for one year has the right to permission from the member state to remain in that employment;
                    • a Turkish national legally employed for three years in a particular area of work has the right to permission from the member state to take employment with any employer in that area;
                    • a Turkish national legally employed for four years has the right to permission from the member state to take employment with any employer.
                    A Turkish national who works legally as an au pair or while a student can count as a worker.
                        TURKISH INDIVIDUAL RIGHTS

                        Q. What is Turkish individual rights?
                        A. The Agreement, its Additional Protocol and Decisions of the Association Council are part of EEC law. The European Court of Justice has decided that these give specific rights to Turkish nationals and businesses that the EEC Member States are required by EEC law to respect.

                        Under Article 6(1) of Association Council Decision 1/80, Turkish nationals legally employed in an EEC member state for a certain period gain rights to remain or switch employment in that state:
                        • a Turkish national legally employed by the same employer for one year has the right to permission from the member state to remain in that employment;
                        • a Turkish national legally employed for three years in a particular area of work has the right to permission from the member state to take employment with any employer in that area;
                        • a Turkish national legally employed for four years has the right to permission from the member state to take employment with any employer.
                        A Turkish national who works legally as an au pair or while a student can count as a worker.
                            HOME OFFICE NEW SETTLEMENT GUIDELINES FOR TURKISH NATIONALS

                            Article 6 July 2018

                            Q. Home Office publishes new settlement guidelines
                            A. The new settlement guidelines fall under:
                            • Appendix ECAA indefinite leave to remain (ILR) and further leave to remain (FLR) guidance. Version 1.0.
                            To help you understand the key areas required for UK settlement, we have listed them below:

                            ECAA business person applying for settlement (ILR)

                            The applicant must:
                            • be a Turkish national who has valid leave to remain under the ECAA for the purpose of establishing themselves in business in the UK
                            • have completed 5 years of continuous leave, with the most recent period being under the ECAA business person route
                            • have met the knowledge of language and life in the UK requirement (KoLL)
                            • not fall for refusal under the General Grounds for Refusal (GGfR)
                            • have been able to financially support any family members with them without recourse to public funds to which they are not entitled
                            • have registered with the police where required
                            In relation to the business, or businesses:
                            1. the applicant must have established, taken over or become a director and genuinely operate that business whilst she or he had leave as a ECAA business person;
                            2. the business related to the applicant’s visa must be viable during any qualifying periods;
                            3. the applicant must intend to continue to operate one or more businesses in the UK.

                            ECAA worker applying for settlement (ILR)

                            The applicant must
                            • be a Turkish national who has valid leave to remain under the ECAA for the purpose of working here
                            • have completed 5 years of continuous leave with the most recent period being under the ECAA worker route
                            • have met the knowledge of language and life in the UK requirement (KoLL)
                            • not fall for refusal under the General Grounds for Refusal (GGfR)
                            • have the ability to financially support any family members with them without recourse to public funds to which they are not entitled
                            • have registered with the police where required.

                            To read the full guidance Appendix ECAA click here.

                            If you need to apply for settlement or not sure if you can, contact us for your free 30 minutes consultation.
                                HOME OFFICE NEW SETTLEMENT GUIDELINES FOR TURKISH NATIONALS

                                Article 6 July 2018

                                Q. Home Office publishes new settlement guidelines
                                A. The new settlement guidelines fall under:
                                • Appendix ECAA indefinite leave to remain (ILR) and further leave to remain (FLR) guidance. Version 1.0.
                                To help you understand the key areas required for UK settlement, we have listed them below:

                                ECAA business person applying for settlement (ILR)

                                The applicant must:
                                • be a Turkish national who has valid leave to remain under the ECAA for the purpose of establishing themselves in business in the UK
                                • have completed 5 years of continuous leave, with the most recent period being under the ECAA business person route
                                • have met the knowledge of language and life in the UK requirement (KoLL)
                                • not fall for refusal under the General Grounds for Refusal (GGfR)
                                • have been able to financially support any family members with them without recourse to public funds to which they are not entitled
                                • have registered with the police where required
                                In relation to the business, or businesses:
                                1. the applicant must have established, taken over or become a director and genuinely operate that business whilst she or he had leave as a ECAA business person;
                                2. the business related to the applicant’s visa must be viable during any qualifying periods;
                                3. the applicant must intend to continue to operate one or more businesses in the UK.

                                ECAA worker applying for settlement (ILR)

                                The applicant must
                                • be a Turkish national who has valid leave to remain under the ECAA for the purpose of working here
                                • have completed 5 years of continuous leave with the most recent period being under the ECAA worker route
                                • have met the knowledge of language and life in the UK requirement (KoLL)
                                • not fall for refusal under the General Grounds for Refusal (GGfR)
                                • have the ability to financially support any family members with them without recourse to public funds to which they are not entitled
                                • have registered with the police where required.

                                To read the full guidance Appendix ECAA click here.

                                If you need to apply for settlement or not sure if you can, contact us for your free 30 minutes consultation.
                                    WESTMINSTER DEBATE - CHANGE TO ANKARA AGREEMENT

                                    Article 23 October 2018

                                    Q. How does the Westminster Debate ‘Changes to Ankara Agreement Settlement Rules and the Ensuing Legal Challenge’ affect you?
                                    A. The Houses of Parliament stated that the Centre for Turkey Studies, in collaboration with the Alliance of Turkish Businesspeople (AOTB) held a Public Forum on the recent changes to the Ankara Agreement.

                                    Catherine West, Labour MP for Hornsey and Wood Green kindly hosted and chaired the event.
                                            Ms West’s opening remarks highlighted the wider relevance of the Ankara Agreement discussion to the questions of who has the right to settle in Britain and to participate in the British economy, and noted her experience working with Turkish nationals in her role as an immigration case worker for David Lammy, prior to becoming an MP.

                                            Leni Candan, one of the directors of the AOTB began the discussion by outlining how the sudden revocation of the right to indefinite leave to remain (ILR) compelled her, and others, to form the AOTB. Ms Candan noted how the lack of warning preceding the decision resulted in arbitrary outcomes for different individuals: those who had applied on 15 March 2018, the day before the announcement, are on the path to being granted ILR, while those who applied on 16 March have received only a three-year visa extension.

                                            The shock, anger, and upset resulting from the unfair and arbitrary nature of the sudden policy change spurred Ms Candan and others into action. They began the Ankara Agreement Indefinite Leave to Remain Solidarity Facebook group, to fight the changes in a strategic and co-ordinated manner and to raise awareness in Turkey and in the UK. From this group developed the AOTB, which is composed entirely of volunteers who have been personally affected by the Ankara Agreement changes. Atop writing to MPs they, the AOTB has been working in collaboration with other migrant groups to share experiences and build solidarity.

                                            Click here to read the article
                                                Ms West’s opening remarks highlighted the wider relevance of the Ankara Agreement discussion to the questions of who has the right to settle in Britain and to participate in the British economy, and noted her experience working with Turkish nationals in her role as an immigration case worker for David Lammy, prior to becoming an MP.

                                                Leni Candan, one of the directors of the AOTB began the discussion by outlining how the sudden revocation of the right to indefinite leave to remain (ILR) compelled her, and others, to form the AOTB. Ms Candan noted how the lack of warning preceding the decision resulted in arbitrary outcomes for different individuals: those who had applied on 15 March 2018, the day before the announcement, are on the path to being granted ILR, while those who applied on 16 March have received only a three-year visa extension.

                                                The shock, anger, and upset resulting from the unfair and arbitrary nature of the sudden policy change spurred Ms Candan and others into action. They began the Ankara Agreement Indefinite Leave to Remain Solidarity Facebook group, to fight the changes in a strategic and co-ordinated manner and to raise awareness in Turkey and in the UK. From this group developed the AOTB, which is composed entirely of volunteers who have been personally affected by the Ankara Agreement changes. Atop writing to MPs they, the AOTB has been working in collaboration with other migrant groups to share experiences and build solidarity.

                                                Click here to read the article
                                                    BRITISH AMBASSADOR TO TURKEY ARTICLE

                                                    Article dated 20 March 2018

                                                    Q. Does the British Ambassador to Turkey Sir Dominick Chilcott’s statements on the Ankara Agreement affect you?
                                                    A. British Ambassador to Turkey Sir Dominick Chilcott's statements on the recent stories covered by media about a court decision relating to the Ankara Agreement. 

                                                    Many of you will have followed the recent press reporting – not all of it accurate - about a court decision in the UK relating to the Ankara Agreement. I wanted to set out the UK’s official position.

                                                    The most important point to clarify is that the European Community Association Agreement, also known as the Ankara Agreement, remains in place.

                                                    Turkish business persons and their dependents can continue to apply to live in the UK under this agreement, for up to 3 years at a time, if they meet the requirements connected to setting up a business in the UK.

                                                    What has happened is that a British court – not the government - has clarified what the Ankara Agreement says. The court has decided that the process by which Turkish nationals were converting a 3 year business visa into permission to remain in the UK for as long as they liked was not provided for under the agreement.

                                                    The court did not say that Turkish business people could not come to the UK to set up a business on the basis of the Ankara agreement. They definitely can and will be very welcome to do so in Britain.

                                                    Two important details: Firstly, this decision came into effect on 16 March and will not affect those people who applied prior to this date. Secondly, this decision is unrelated to Brexit, the UK’s future exit from the EU.

                                                    As I said, it is simply a technical amendment resulting from a court decision over how the agreement, as it stands, should be correctly interpreted.

                                                    To repeat: Turkish business persons and their dependents can continue to apply to set up a business and to live in the UK under this agreement, for up to 3 years at a time. After 3 years, they can apply to stay for another 3 years and so on and so forth.

                                                    Our commercial partnership and the bilateral trade between our two countries matter enormously to the UK government. We very much value the contribution of Turkish business persons running businesses in the UK. The Ankara Agreement continues to be an important means for Turkish business people to come and invest in the UK.

                                                    Click here to view the news article. 
                                                        BRITISH AMBASSADOR TO TURKEY ARTICLE

                                                        Article dated 20 March 2018

                                                        Q. Does the British Ambassador to Turkey Sir Dominick Chilcott’s statements on the Ankara Agreement affect you?
                                                        A. British Ambassador to Turkey Sir Dominick Chilcott's statements on the recent stories covered by media about a court decision relating to the Ankara Agreement. 

                                                        Many of you will have followed the recent press reporting – not all of it accurate - about a court decision in the UK relating to the Ankara Agreement. I wanted to set out the UK’s official position.

                                                        The most important point to clarify is that the European Community Association Agreement, also known as the Ankara Agreement, remains in place.

                                                        Turkish business persons and their dependents can continue to apply to live in the UK under this agreement, for up to 3 years at a time, if they meet the requirements connected to setting up a business in the UK.

                                                        What has happened is that a British court – not the government - has clarified what the Ankara Agreement says. The court has decided that the process by which Turkish nationals were converting a 3 year business visa into permission to remain in the UK for as long as they liked was not provided for under the agreement.

                                                        The court did not say that Turkish business people could not come to the UK to set up a business on the basis of the Ankara agreement. They definitely can and will be very welcome to do so in Britain.

                                                        Two important details: Firstly, this decision came into effect on 16 March and will not affect those people who applied prior to this date. Secondly, this decision is unrelated to Brexit, the UK’s future exit from the EU.

                                                        As I said, it is simply a technical amendment resulting from a court decision over how the agreement, as it stands, should be correctly interpreted.

                                                        To repeat: Turkish business persons and their dependents can continue to apply to set up a business and to live in the UK under this agreement, for up to 3 years at a time. After 3 years, they can apply to stay for another 3 years and so on and so forth.

                                                        Our commercial partnership and the bilateral trade between our two countries matter enormously to the UK government. We very much value the contribution of Turkish business persons running businesses in the UK. The Ankara Agreement continues to be an important means for Turkish business people to come and invest in the UK.

                                                        Click here to view the news article. 
                                                          Share by: