European Union

On 30th April 2006, new regulations will be introduced which will change the way persons from the EEA and their family members get permanent residence in the UK (The Immigration (European Economic Area) Regulations 2006). The new regulations are as a result of a Directive from the European Union in 2004.

From the 30th April 2006, a citizen from the EEA and his family members will acquire permanent residence in the UK when they have lived here for 5 years (other conditions apply). There are two main differences to the old regulations.

Under the old regulations an EEA citizen and his family members could get permanent residence (Indefinite Leave to Remain (ILR)) after only 4 years. However, the good news is that the person acquires permanent residence without having to make an application to the Home Office. Once the person has been here for 5 hears or more, and the other conditions are met, then they become automatically entitled to permanent residence. It is no longer granted by the Home Office. However the person will still have to prove his entitlement if he wants official confirmation that he is a permanent resident

On 1 January 1973, the UK joined the EC and became party to the Ankara Agreement ( ` the agreement ` ). The agreement was an association agreement entered into between the EC and Turkey with the intention to assist and facilitate in promoting and developing trade and economic relations between the Member States and Turkey with a view to Turkey eventually joining the European Union.

One of the clauses of the agreement was the so-called ` stand-still ` clause, Article 13, which came into direct effect on 10 January 1976. In summary this clause prevented member states from introducing new restrictions on the conditions of access to employment for both Turkish workers and their families legally resident and employed in the member state.

The Home Office have release statistics of their decision-making on ECAA applications from Bulgarian, Romanian and Turkish nationals.

Background

Turkey signed an Association Agreement with the then European Economic Community in 1963 that included restricted rights of access to the labour markets of EU Member States. An additional Protocol was signed in 1970. The Agreement prevents the United Kingdom from introducing new restrictions on the freedom of establishment (self-employment) for Turkish nationals. It does not provide for an automatic right of residence. The Agreement, and subsequent Association Council Decision 1/80, allows Turkish nationals who have entered in a capacity that allows them to work, to stay in order to continue in legal employment, subject to certain conditions being met.

The Home Office have released new application forms which should be completed and submitted with an application for registration under the Worker Registration Scheme for nationals of the following countries:

Czech Republic; Estonia; Lithuania; Latvia; Hungary; Poland; Slovak Republic; Slovenia.

Gherson & Co are able to advise and assist in connection with applications under the Worker Registration Scheme.

If you require any further information or assistance please contact Nadine Goldfoot or Kathryn Bradbury of this office.

rol Ozturk, Burhan Akyuz v SSHD [2005]EWHC 1433 (Admin)

This was a Judicial Review brought on behalf of two claimants. It concerned the scope of the residence and employment rights (if any) of Turkish citizens who enter the Member States of the European Union as students with a limited ability to undertake some employment.

Both Claimants had entered the UK from Turkey and granted leave to enter and remain as students. Each according to their particular leave was entitled to work part-time. Each made an application for further leave to remain in employment pursuant to the EC-Association Agreement (the Association Agreement?) with Turkey.

In April 2005 the Home Office published new guidelines relating to applications made by Turkish nationals who are already in the United Kingdom and wish to take up self -employment or are already self - employed and are seeking Further Leave to Remain or Indefinite Leave to Remain in the UK.

Turkish nationals who have lawful residence in the United Kingdom in the business category or a non-business category (i.e. as a visitor or a student) who have not practised fraud to gain entry to or remain in the United Kingdom are entitled to have their application considered in the United Kingdom. The Home Office guidelines also indicate that overstayers i.e. those people who have remained in the UK after their lawful leave has expired, are also entitled to have their case considered in the United Kingdom. If the applicant is successful, leave will normally be granted for a period of twelve months.

EU National from the new Accession States (i.e. Lithuania, Latvia, Poland, Slovakia, Slovenia, Czech Republic, Hungary and Estonia) who have completed 12 months under the Workers Registration Scheme and who have continued to be employed during this period, are now entitled to apply for an EU Residence Permit. Furthermore, any dependent spouses, partners or children and in some circumstances other dependent relatives are also eligible to apply for EU Family Permits as dependents of the EU National.

Gherson and Co provides advice and assistance in connection with these applications.

On 1 May 2004 changes to the law came into effect to prevent the employment of illegal workers. [The relevant legislation, Section 8 of the Asylum and Immigration Act 1996, has been amended to reflect the new provisions.] This means that since that date employers are required by law to undertake new checks before employing an individual.

What is the new law all about?

It is now essential for all employers in the UK to make the necessary new checks to ensure that the person they are considering employing is allowed to work legally in this country. Failure to do so will place the employer at risk of committing a criminal offence, so it is therefore vital that employers are aware of the responsibility on them and that they know how to discharge that responsibility adequately and confidently.