Turkish European Community Association Agreement (ECAA)/Ankara Agreement.

The ECAA was set up under the Ankara Agreement on 12 September 1963 with the general aim of promoting economic relations between Turkey and the community and the eventual accession of Turkey to the community. Articles 13 and 14 of that agreement refer to a process for abolishing the restrictions on the freedom of establishment and the freedom to provide services between the contracting parties.

The UK became bound by the ECAA and the Additional Protocol when it joined the European Economic Community (EEC) in 1973.

Under the Turkish ECAA business provisions most cases are considered under the Immigration Rules as they were in 1973, rather than the current Rules. For on entry cases this means consideration under HC509. After entry cases are dealt with under HC510. You will need to ensure that you consider the ECAA application under the appropriate Rules.

Relevant Immigration Rules

‘Visas, entry certificates and Home Office letters of consent (described in the Act by the generic term ‘entry clearance) are issued in accordance with the rules contained in this statement. A passenger who holds an entry clearance which was duly issued to him and is still current is not to be refused leave to enter unless the Immigration Officer is satisfied that: • false representations were employed or material facts were concealed, whether or not to the holder’s knowledge for the purpose of obtaining the clearance, or • a change in circumstances since it was issued has removed the basis of the holder’s claim to admission’ But an Immigration Officer is not precluded from refusing leave to enter on grounds of restricted return ability, on medical grounds, on grounds of criminal record, because the passenger is the subject of a deportation order or because exclusion would be conducive to the public good.

‘Businessmen admitted to the UK as visitors are free to transact business during their visit.’

‘Passengers who have obtained entry clearances for the purposes of establishing themselves in the UK in business, whether a new or existing business, should be admitted for a period not exceeding 12 months with a condition restricting their freedom to take employment. Passengers who are unable to present such a clearance but nevertheless seem likely to be able to satisfy the requirements of one of the next two paragraphs should be admitted for a period of not more than two months, with a prohibition on employment, and advised to present their case to the Home Office.