Free movement between the UK and the EU ended at 11pm on 31 December 2020. The same moment also closed the old Ankara Agreement routes to new applicants. If you are an EU, EEA or Swiss citizen who was living in the UK by that date, your position now usually depends on the EU Settlement Scheme rather than old free movement rights. The main 30 June 2021 EU Settlement Scheme deadline has passed, but late applications can still be accepted where there are reasonable grounds for applying late.
The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 ended EU-derived free movement rights in UK immigration law. That is why, for most people coming to the UK after Brexit, the position for non-EU nationals coming to the UK after Brexit and EU nationals now looks much more similar. New arrivals normally need a visa under the UK’s points-based immigration system. If a settled status refusal is issued, the right way to challenge it depends on the type and date of the decision.
What happened to the Ankara Agreement?
The Ankara Agreement was signed in 1963 between Turkey and what was then the European Economic Community. The UK became bound by the wider ECAA framework after joining the European Community in 1973. For many years, the route allowed Turkish nationals to set up businesses or work in the UK on favourable terms. New applications are now closed. Existing Turkish Businessperson and Turkish Worker migrants are dealt with under Appendix ECAA, which preserves rights for people already inside the system. You can read more about the Turkish businessperson visa and the background to the Ankara Agreement.
| Situation | Position now |
|---|---|
| New Turkish applicants | The ECAA routes are closed to new adult applicants, so another route is needed |
| Existing ECAA holders | Can usually extend under Appendix ECAA Extension of Stay, if they meet the rules |
| Extension period | Turkish Businessperson extensions can be granted for up to 3 years |
| Settlement | Available after 5 years under the Turkish Worker or Businessperson settlement route |
| Dependants | Existing dependants can extend; only child dependants under 21 can apply to join from overseas |
| Refusals | Usually challenged by administrative review, with judicial review possible in limited cases |
Here is how it works in practice. If you have run a Turkish restaurant in north London on Turkish Businessperson permission since 2019, you may still be able to extend your stay, usually for up to 3 years at a time, as long as the business remains genuine, viable and able to support you and your dependants. After 5 years, you may be able to apply for indefinite leave to remain.
Now compare that with a cousin who wanted to come to the UK in 2022 to start a new business under the Ankara route. That route had already closed. Their options would usually need to be considered under today’s immigration system, such as the Skilled Worker visa with a licensed sponsoring employer, or the self-sponsorship route through their own UK company.
Settlement, family and refusals
Settlement under Appendix ECAA generally requires 5 years of continuous residence, plus the Life in the UK Test and an English language requirement unless an exemption applies. The route still matters. In the year ending March 2026, settlement grants under ECAA rose 6% to 4,638. Turkish nationals were the second-largest nationality for work-related settlement grants, after Indian nationals.
After settlement, British citizenship after settlement is often the next step. One caveat is timing. The government has consulted on earned settlement changes, including changes to how migrants qualify for indefinite leave to remain, so you should check the current rules before relying on a 5-year route.
Family rules are narrow. Children under 21 may still be able to apply to join an ECAA parent, and partners or children who already hold dependant leave can usually extend separately if they meet the rules. Someone coming purely to marry a partner in the UK is in a different position and should look at the marriage visitor visa instead.
If an extension or settlement application is refused, the remedy is usually administrative review rather than a full immigration appeal. Our page on appeals and judicial review explains when a court challenge may be possible. Refusals often turn on business evidence, trading records, tax documents and whether the applicant still meets the route requirements, so it helps to understand what an ECAA refusal commonly hinges on.
Get advice before you act
The routes have narrowed, but preserved ECAA rights have not disappeared. If you hold ECAA leave, have settled status, face a refusal or are planning a fresh application under a different route, speak to the immigration solicitors in London at Garth Coates. Call us or book a consultation, and we will map out your realistic options before you act.
