Allied Turkish Business Persons Are Facing New Challanges Again

The Alliance of Turkish Business, established for bringing to agenda, the change, made by Home Office within Ankara Accord, and raise objection within the law, has collected £60,000 for to be used in the case, and they are aiming to collect £100,000.

Directors of foundation, work voluntarily, and they have taken up their position through elections. They don’t get any stock dividend or salary. The collected donations are spent only for cost of proceedings.

Until the date 16 March 2018, Turkish business people was entitled to have permanent residency once they started a business and dwelt there for four years. Applicants were granted a 1-year visa if their business plans and competences were accepted by UK. Then, in case visa owners proved they could successfully carry out the job which they had determined, they could be entitled to make an application for 3-year extension of visa, after making an application for extension of residence visa, and finally end of the three years they could be entitled to make application for ILR without charges.

The day 16 March 2018 Home Office, with unexpected statement, stated that Indefinite Leave to Remain (ILR) applications would not be granted from that day. Upon the pressure, created through ministers, and UK press, and petitions which are submitted by people who had visa out of Ankara Accord, and written warnings which are sent by AOTB (Alliance of Turkish Business People)… ILR, after 3 months uncertainty period, was finally re-activated in 15 June 2018 but it came with stricter conditions than before. 5 years residency, instead of 4 years, language and culture exams, £2,389 application fee per capita, when a visa owner makes an application for ILR, for his wife/her husband and children to make applications for extension, £1033 per capita for application and £200 a year per capita for Immigration Health Surcharge.

Nearly 12,500 people who fall into Ankara Accord category and, in expectation of having ILR, start a business in UK, can not anymore make an application for ILR at the end of 4 years, despite the fact that Home Office sent letters that proved they were entitled for ILR. Furthermore, a family of 4 is required to pay fee amount of £9.556 to make an application for Indefinite Leave to Remain (ILR). Considering it is unfair to apply this changes, in a retroactive way towards the people who have already made an application to Ankara Accord and settled in UK, AOTB family collects Money for the purpose of raising an objection within law.

How is the situation now and why £100.00?

Within a few days, AOTB managed to collect £10.000 for the purpose of consulting a lawyer on April, and sending a written warning to Home Office for raising an objection. The respond to the written warning was negative. And Home Office made it clear that they would definitely insist on applying this changes, in a retroactive way, to those who was in the scope of Ankara Accord.  Thereupon, AOTB decided to file judicial review in an effort to claim their right and raise an objection against the fact that, these changes are applied in a retroactive way. The verdict of the case was, surprisingly declared far too soon and judge ordered a non-suit. As result of mentality that suggest “the struggle must go on regardless of anything”, the next step in judicial process was taken.

The decision was made when our article was being written.

The group also objected to the upper court because the case was not allowed. With the appeal of the appeal, the trial day was announced very quickly 27 November. Unfortunately it is not possible to comment on the work of (!) British justice. Lawyers and counselors are preparing for this hearing, which will last approximately 30 minutes with all their attention.

Next, the objection is to be raised against the verdict for being crude and for getting permission to case, a trial is to be requested so as to present the arguments verbally. Afterwards, the process will be quick. It is expected that trial is to be commenced 2 weeks — 1 month later the date of notification of date of the trail which is supposed to be declared in a few weeks. At the trial, arguments, with detailed, are going to be present and another judge is going to decide whether the is to be allowed.

AOTB predict about £100.000 will be necessary when legal (barrister/QC) fees, court expenses, superior court expenses, and possible compensation expenses (in case objection will fail) are taking into account and strongly believe they will not fail. Underlining the fact they have strong case, the business people are about to complete all preparations even that concerning compensation expenses, with the mentality that suggests “we are he rightful side, and we suppose our case will end in success. And we need to make preparations or any possibility, however it is unlikely to happen”.

As a result of AOTB’s decision, after the judicial review, remainder of the donations will be return to the donators with the regard of percentage account.

Allied Turkish Business Persons Are Facing New Challanges Again-02

WHAT IF WE WIN? OR WHAT İF LOSE?

After the case against the applications of changes on Indefinite Leave to Remain (ILR) in 6 July, in a retroactive way, end up with winning, those who have already Ankara Accord visa can make an application for ILR, by utilizing the law before 16 March 2018. It most likely that, those who spent their 4 years and had to pay application fee for ILR in accordance with the new rules, will take their application fee back. Because of the fact that condition of new rules may be evaluated according to previous rules, those who have got ILR in accordance with the new rules, will possibly have right for citizenship application to UK without being have to wait extra 1 year. And those who made an application for the second expansion after the 4 years  and those who are waiting for 5 year to expire, can gain a right for making a fee less application for ILR without being have to wait. After conclusion of the case, those who are in scope of 3-year expansion visa, with meeting the condition of dwelling for 4 years, can be entitled to make an application for ILR without paying fee, if they fall into scope of Ankara Accord visa before the new rules was made. 

The objection is not to be against the rules them self but the way the rules is being applied. So, in case the objection is rejected, it is out of question that the new rules will be affected by the case. The new rules have been added into UK immigration law. Applications will be continued with new conditions through 5 years residence.

Caution!

But, the fact that the future of Ankara Accord visa is uncertain after Bretix.

Once Home Office applied the new rules/restrictions in a retroactive way, after the Bretix no one can guarantee Home Office would not stop receiving application for Ankara Accord visa, in a recroactive way and involving current visa owners. That’s why, the formal objection against the fact that 6 July rules were applied in a reroactive way, is of utmost importance. And a case that ends up with winning would secure the rights of Turkey citizens who have Ankara Accord visa, after the Bretix.

Founded to struggle against the new rules, AOTB organized a charity night with the intention of covering the expenses of the case against Home Office. At the night, musical group named The Lost Band performed. The charity night with meal, supported by Ankara Accord Visa victims as well as guests.

Some of AOTB directors Naz Nazlı Alatlı, Ekin Can Genç and Dilek Özcan who attended the night, emphasized the importance of donation campaign and said in a statement as: “Less than two months remain for our application to come to a conclusion. In the meantime, for purpose of announcing our donation campaign, asking supports for this campaign and introducing with other AOTB members, we organized this night under the name of Charity Concert.”

They also said: “100.000 Sterling, the target amount of our donation campaign, cover barrister/QC fees, court expenses, superior court expenses, and in case objection will fail, possible compensation expenses. The same treatment we are subjected to, had been implemented towards those who falls into the visa type named Highly Skilled Migrants Programme (HSMP). And they took their rights by raising an objection. Up to date, we have collected amount of Money over 60.000 Sterling.”

If you would like to support AOTB members, here is the link: https://www.gofundme.com/ecaa2ilr

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