Immigration Rules Appendix ECAA Settlement: ECAA nationals and settlement
Appendix ECAA Settlement: ECAA nationals and settlement
ECAA 1.1. DELETED
ECAA 1.2. Unless the contrary intention is expressed in this Appendix, the definitions in paragraph 6 of the Immigration Rules shall apply to this Appendix.
DELETED
ECAA 3.1. The requirements for indefinite leave to remain as an ECAA worker are that the applicant must:
- (a) be an ECAA worker; and
- (b) have met the continuous residence requirement as set out in Appendix Continuous Residence for a qualifying period of 5 years, of which the most recent period of leave must have been as an ECAA worker, in any combination of the following categories:
- (i) an ECAA worker;
- (ii) as a Tier 2 (General Migrant);
- (iii) as a Tier 2 (Minister of religion) Migrant;
- (iv) as a Tier 2 (Sportsperson) Migrant; or
- (v) as a work permit holder; and
- (c) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the UK, in accordance with Appendix KoLL; and
- (d) have been able to support any family members with them without recourse to public funds to which they are not entitled; and
- (e) not fall for refusal under Part 9: grounds for refusal; and
- (f) not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
Indefinite leave to remain as an ECAA worker
ECAA 3.2. Indefinite leave to remain as an ECAA worker will be granted where the Secretary of State is satisfied that the requirements of paragraph ECAA 3.1. are met.
Refusal of indefinite leave to remain as an ECAA worker
ECAA 3.3. Indefinite leave to remain as an ECAA worker will be refused where the Secretary of State is not satisfied that the requirements of paragraph ECAA 3.1. are met.
ECAA 4.1. The requirements for indefinite leave to remain as an ECAA business person are that the applicant must:
- (a) be an ECAA business person; and
- (b) have met the continuous residence requirement as set out in Appendix Continuous Residence for a qualifying period of 5 years, of which the most recent period of leave must have been as an ECAA business person, in any combination of the following categories:
- (i) an ECAA business person; or
- (ii) the Tier 1 (Entrepreneur) Migrant category; and
- (c) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the UK, in accordance with Appendix KoLL; and
- (d) not fall for refusal under Part 9: grounds for refusal; and
- (e) be relying on a business or businesses which meet(s) the requirements under paragraph ECAA 4.2.; and
- (f) not be in breach of UK immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
ECAA 4.2. The Secretary of State must be satisfied on the balance of probabilities that:
- (a) the applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while they had leave as an ECAA business person; and
- (b) the business or businesses upon which they are relying for any of the qualifying period is or are viable; and
- (c) the applicant genuinely intends to continue operating one or more businesses in the UK.
ECAA 4.3. In making the assessment in paragraph ECAA 4.2., the Secretary of State may take into account the following factors:
- (a) the evidence the applicant has submitted;
- (b) the viability and credibility of the source of the money used to set up or invest in the business or businesses;
- (c) the credibility of the financial accounts of the business or businesses;
- (d) the credibility of the applicant’s business activity in the UK, including when they had leave as an ECAA business person;
- (e) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
- (f) any other relevant information.
ECAA 4.4. The Secretary of State may request additional information and evidence to support the assessment in paragraph ECAA 4.2. and may refuse the application if the information or evidence requested is not received by the Secretary of State at the address specified in the request within 28 calendar days of the date of the request.
Indefinite leave to remain as an ECAA business person
ECAA 4.5. Indefinite leave to remain as an ECAA business person will be granted where the Secretary of State is satisfied that the requirements of paragraph ECAA 4.1. are met.
Refusal of indefinite leave to remain as an ECAA business person
ECAA 4.6. Indefinite leave to remain as an ECAA business person will be refused where the Secretary of State is not satisfied that the requirements of paragraph ECAA 4.1. are met.
ECAA 5.1. The requirements for indefinite leave to remain as the child of an ECAA worker or ECAA business person are that:
- (a) the applicant is the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
- (i) an ECAA worker or ECAA business person; or
- (ii) the spouse, civil partner or unmarried partner of an ECAA worker or ECAA business person; and
- (b) the applicant must have, or have last been granted, leave as the child of, or have been born in the UK to, an ECAA worker or ECAA business person (or the spouse, civil partner or unmarried partner of an ECAA worker or ECAA business person) who has or is being granted indefinite leave to remain; and
- (c) the applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if they are over the age of 21 on the date the application is made, they must provide the specified documents and information in paragraph 319H-SD (except that references to the Relevant Points Based System Migrant are to be read to mean the ECAA worker or ECAA business person) to show that this requirement is met; and
- (d) both of the applicant’s parents must either be lawfully settled in the UK, or be being granted indefinite leave to remain at the same time as the applicant, unless:
- (i) the ECAA worker or ECAA business person is the applicant’s sole surviving parent; or
- (ii) the ECAA worker or ECAA business person parent has and has had sole responsibility for the applicant’s upbringing; or
- (iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care; or
- (iv) one parent is, at the same time, being granted indefinite leave to remain as an ECAA worker or ECAA business person, and the other parent is lawfully present in the UK or being granted leave at the same time as the applicant; and
- (e) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the UK, in accordance with Appendix KoLL, unless they are under the age of 18 at the date on which the application is made; and
- (f) if the applicant is a child of an ECAA worker or ECAA business person, the applicant must provide a full birth certificate, with a translation where necessary, showing the names of both parents; and
- (g) all arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations; and
- (h) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of the Immigration Rules applies, any current period of overstaying will be disregarded; and
- (i) the applicant must not fall for refusal under Part 9: grounds for refusal.
Indefinite leave to remain as the child of an ECAA worker or ECAA business person
ECAA 5.2. Indefinite leave to remain as the child of an ECAA worker or ECAA business person will be granted where the Secretary of State is satisfied that the requirements of paragraph ECAA 5.1. are met.
Refusal of indefinite leave to remain as the child of an ECAA worker or ECAA business person
ECAA 5.3. Indefinite leave to remain as the child of an ECAA worker or ECAA business person will be refused where the Secretary of State is not satisfied that the requirements of paragraph ECAA 5.1. are met.
ECAA 6.1. The requirements for indefinite leave to remain as the partner of an ECAA worker or ECAA business person are that the applicant must:
- (a) be the spouse, civil partner or unmarried partner of a person (“P”) who:
- (i) has indefinite leave to remain as an ECAA worker or ECAA business person; or
- (ii) is at the same time being granted indefinite leave to remain as an ECAA worker or ECAA business person; or
- (iii) has become a British citizen where prior to that they held indefinite leave to remain as an ECAA worker or ECAA business person; and
- (b) have, or have last been granted, leave as the spouse, civil partner or unmarried partner of P; and
- (c) be in a marriage, civil partnership or unmarried partnership with P, which must be genuine and subsisting at the time the application is made; and
- (d) intend to live permanently with P as their spouse, civil partner or unmarried partner; and
- (e) have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the UK, in accordance with Appendix KoLL; and
- (f) have been living together with P in the UK in a marriage, civil partnership or unmarried partnership for at least the applicable qualifying period in line with paragraphs ECAA 6.2. and ECAA 6.3.; and
- (g) not fall for refusal under Part 9: grounds for refusal.
ECAA 6.2. The spouse, civil partner or unmarried partner of an ECAA worker or ECAA business person must have met the continuous residence requirement as set out in Appendix Continuous Residence for a qualifying period of 5 years, which may consist of a combination of leave as either:
- (a) the spouse, civil partner or unmarried partner of an ECAA worker or ECAA business person; or
- (b) the spouse, civil partner or unmarried partner of an ECAA worker or ECAA business person during a period when that person had leave under another category of these Rules.
ECAA 6.3. During the 5-year qualifying period under paragraph ECAA 6.2. the applicant must:
- (a) have been in a relationship with the same ECAA worker or ECAA business person for the entire period; and
- (b) have spent the most recent part of the 5-year period with leave as the spouse, civil partner or unmarried partner of that ECAA worker or ECAA business person; and
- (c) have spent the remainder of the 5-year period, where applicable, with leave as the spouse, civil partner or unmarried partner of that ECAA worker or ECAA business person at a time when that person had leave under another category of these Rules.
Indefinite leave to remain as the partner of an ECAA worker or ECAA business person
ECAA 6.4. Indefinite leave to remain as the partner of an ECAA worker or ECAA business person will be granted where the Secretary of State is satisfied that the requirements of paragraph ECAA 6.1. are met.
Refusal of indefinite leave to remain as the partner of an ECAA worker or ECAA business person
ECAA 6.5. Indefinite leave to remain as the partner of an ECAA worker or ECAA business person will be refused where the Secretary of State is not satisfied that the requirements of paragraph ECAA 6.1. are met.
ECAA 7.1. The requirements for further leave to remain as the partner of an ECAA worker or ECAA business person are that the applicant must:
- (a) be the spouse, civil partner or unmarried partner of an ECAA worker or ECAA business person who:
- (i) has been granted indefinite leave to remain in line with the ECAA guidance in force prior to 16 March 2018; or
- (ii) has been granted indefinite leave to remain under paragraph ECAA 3.2. or ECAA 4.5.; or
- (iii) has British citizenship having previously been granted indefinite leave to remain under either provision specified in (i) or (ii) of this paragraph; and
- (b)(i) have last been granted leave to remain as a dependant of an ECAA worker or ECAA business person; or
- (ii) having last been granted leave to remain as a dependant of an ECAA business person, currently be in the UK without leave as, at the time of that leave expiring:
- (aa) they did not qualify for indefinite leave to remain in line with the ECAA guidance in force prior to 16 March 2018 due to not meeting the 2 years’ residency requirement; and
- (bb) did not qualify for further limited leave to remain as the dependant of an ECAA business person due to that ECAA business person having acquired indefinite leave to remain; and
- (c) be living together and in a subsisting relationship with the ECAA worker or ECAA business person; and
- (d) not fall for refusal under Part 9: grounds for refusal; and
- (e) have a sponsor who has adequate accommodation for the parties and can maintain any dependants without recourse to public funds; and
- (f) not be in breach of UK immigration laws except that:
- (i) where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; or
- (ii) where paragraph ECAA 7.1.(b)(ii) applies, any current period of overstaying will be disregarded; and
- (g) DELETED.
Granting further leave to remain as the partner of an ECAA worker or ECAA business person
ECAA 7.2. Leave to remain for up to 3 years as the partner of an ECAA worker or ECAA business person will be granted where the Secretary of State is satisfied that the requirements of paragraph ECAA 7.1. are met.
Refusal of further leave to remain as an ECAA worker or ECAA business person
ECAA 7.3. Leave to remain as the partner of an ECAA worker or ECAA business person will be refused where the Secretary of State is not satisfied that the requirements of paragraph ECAA 7.1. are met.