The Complete Guide to the UK’s Turkish Worker Visa

Navigating the intricacies of the UK’s immigration system can be challenging, especially for specific visa categories. The Turkish Worker Visa, established under the European Community Association Agreement (ECAA) with Turkey, offers unique opportunities for Turkish nationals. This guide delves into the essential aspects of this visa, ensuring applicants have a clear roadmap for their UK journey.

1. Introduction

An Overview of Turkish Worker Visa UK

European Community Association Agreement (ECAA) with Turkey:

The European Community Association Agreement (ECAA), sometimes referred to as the Ankara Agreement, was established between Turkey and the European Economic Community (EEC) back in 1963. Its main objective was to bolster trade and economic relations between the parties, laying the groundwork for Turkey’s eventual accession to the EEC. Over time, its scope has expanded, covering a multitude of areas including the rights of Turkish nationals to establish themselves as workers or in a business in member states of the EEC, which includes the UK.

What is Turkish Worker Visa Route?

The Turkish Worker Visa is a product of the ECAA, specifically designed to facilitate the rights of Turkish nationals who wish to work in the UK. Unlike other work visas, this category takes into account the special relationship between Turkey and the UK, established through the Ankara Agreement. It is tailored for Turkish nationals who have been legally employed in the UK for a certain period, enabling them to extend their stay and enjoy more freedoms in their employment. Over the years, this visa has served as a unique bridge, connecting the rich tapestry of Turkish culture and skills with the diverse UK workforce.

2. Criteria for Eligibility

Employment Requirements for Turkish Worker Visa UK

Legal Employment in the UK:

To qualify for the Turkish Worker Visa, the foremost requirement is that the applicant must have been legally employed in the UK. This means they must have held a valid work permit or visa that authorized them to take up employment. The nature of employment should be genuine, meaning that the individual should have been engaged in legitimate work activities for a UK-based employer. Any breach of employment conditions, illegal work, or discrepancies in this regard can make the applicant ineligible.

Duration of Employment:

The length of employment plays a crucial role in determining the extent of rights a Turkish Worker can claim under this visa route:

• 1 year of legal employment: Allows the individual to change employers within the same occupation.
• 3 years of legal employment: Provides the flexibility to change jobs but within the same line of work or sector.
• 4 years of legal employment: Grants the worker the freedom to take up any type of employment with any employer in the UK.

It’s worth noting that these durations are cumulative and do not need to be with a single employer. However, any gaps in employment might affect the continuous count required for the application. As always, keeping a comprehensive record of employment, including contracts, payslips, and other relevant documents, is crucial for a smooth application process.

3. Rights and Limitations

Duration of Stay:

The Turkish Worker Visa does not grant indefinite leave to remain in the UK. Instead, its duration correlates with the period of legal employment the applicant has had in the country. Here’s a breakdown:

• 1 year of legal employment: Grants a visa extension that allows the individual to continue working in the same job or switch jobs but remain within the same profession.
• 3 years of legal employment: The visa extension at this stage permits the holder to change jobs within their line of work or sector.
• 4 years of legal employment: At this juncture, the worker obtains an extension that provides more freedom in terms of employment, allowing them to engage in any type of job with any UK employer.

It’s essential to recognize that while the Turkish Worker Visa offers pathways to extended stay based on employment duration, it does not automatically lead to permanent residency or British citizenship. Applicants should renew their visa accordingly and ensure they remain compliant with the visa terms.

Transition to Other Visas:

While the Turkish Worker Visa provides specific rights tailored for Turkish nationals, it’s not an isolated route. Visa holders might consider transitioning to other visa categories if they meet the eligibility criteria. Some potential transitions include:

• Skilled Worker Visa: If a Turkish worker secures a suitable job offer from a UK employer with a valid sponsorship license, they can transition to the Skilled Worker Visa. This route could lead to permanent residency after a specified duration.
• Business Visas (Start-up, Innovator, etc.): Turkish nationals with entrepreneurial aspirations or innovative business ideas might consider switching to a business visa if they meet the requirements.
• Settlement: After a certain period of continuous and legal residence in the UK, Turkish workers might be eligible for Indefinite Leave to Remain (ILR), which is a step closer to British citizenship. However, the transition from the Turkish Worker Visa to ILR requires careful planning and adherence to specific criteria.

It’s always advisable for Turkish Worker Visa holders to consult with an immigration expert if considering a transition, as each visa category has its own set of criteria, rights, and restrictions.

4. Application Process

Required Documents:

Applying for the Turkish Worker Visa necessitates the submission of certain critical documents to ensure your application is considered. Here’s a general list of required documentation:

• Proof of Identity: A valid passport or travel document.
• Proof of Employment: This can be in the form of payslips, employment contracts, or an employer’s letter confirming the period of employment.
• Proof of Continuous Residence: Documents that show you have been living in the UK, such as utility bills, bank statements, or rental agreements.
• Passport-sized Photographs: Ensure these are in the required format and of good quality.
• Historical Employment Evidence: This may include past employment contracts, payment slips, or any other relevant evidence to show your employment history in the UK.
• English Language Requirement (if applicable): While this might not be necessary for the Turkish Worker Visa, it’s always good to check the current guidelines.
• Application Fee: Ensure you know the current fee for the visa and have means to pay it.

Always remember that this is not an exhaustive list, and requirements may vary based on individual circumstances. It’s crucial to check the most updated list from the UK Government’s official website or consult an immigration specialist.

Expected Processing Time:

Once you’ve submitted your application for the Turkish Worker Visa, expect a waiting period while it’s under review. On average, it takes about 6 months from the date of your appointment. This duration can vary depending on the volume of applications, so it’s wise to apply well in advance of your intended employment start date or visa expiration.

Bear in mind that any missing documents or mistakes in your application can lead to delays. Ensure you double-check all requirements and consider seeking guidance from professionals to streamline the process.

5. Differences Between the Turkish Worker and Businessperson Visa

The UK’s provision for Turkish nationals, in light of the European Community Association Agreement (ECAA) with Turkey, bifurcates into the Turkish Worker Visa and the Turkish Businessperson Visa. While both categories allow Turkish citizens certain rights to work or do business in the UK, they have distinct criteria and privileges. Let’s delve into their core differences.

Purpose of Visa:

• Turkish Worker Visa: This visa is explicitly designed for Turkish nationals who have been legally employed in the UK for at least one year. The primary objective is to allow these workers to extend their stay in the country and continue their employment.
• Turkish Businessperson Visa: On the other hand, this visa is tailored for Turkish nationals intending to either establish a new business in the UK or come to the country to help run an already established business. It’s particularly relevant for entrepreneurs and business-minded individuals.

Eligibility Criteria:

• Turkish Worker Visa: Eligibility is heavily reliant on the applicant’s duration of legal employment in the UK. They must have been legally employed for a specified period, with longer durations offering more extended visa rights.
• Turkish Businessperson Visa: Applicants should demonstrate genuine intent to set up a viable business. They must prove sufficient resources without the need for public funds, and the business must be able to support the applicant and their dependents.

Duration and Extensions:

• Turkish Worker Visa: The visa’s length depends on the duration of the applicant’s legal employment in the UK. For instance, those employed for 3-4 years might secure different rights compared to those employed for 5+ years.
• Turkish Businessperson Visa: Initially granted for 12 months, extensions are possible provided the business remains viable and meets the requirements set forth by the UK immigration authorities.

Transition to Indefinite Leave to Remain (ILR):

• Turkish Worker Visa: Turkish workers can transition to ILR after a certain number of years, depending on their employment duration and the specific rights they’ve been granted under the ECAA.
• Turkish Businessperson Visa: Businesspersons can apply for ILR after five continuous and lawful years in the UK, provided they still meet the criteria for their business activities.

Dependent Rights:

• Turkish Worker Visa: Dependents may have the right to accompany the main visa holder, but this often hinges on the duration of the worker’s legal employment.
• Turkish Businessperson Visa: Dependents (spouse/civil partner and children under 18) can accompany the main visa holder and have rights to work or study in the UK.

It’s vital to appreciate that both these visas cater to different objectives and carry unique requirements and benefits. As with any visa category, it’s essential to remain informed about any updates or changes in immigration policies and consult immigration experts when in doubt.

6. Post-Brexit Implications

Impact of Brexit on Turkish Worker Visa UK

The UK’s exit from the European Union, commonly known as Brexit, has led to a myriad of changes in the country’s immigration landscape. Given that the European Community Association Agreement (ECAA) was established to strengthen ties between Turkey and the European Economic Community (EEC), Brexit’s implications for Turkish nationals seeking to work or do business in the UK naturally come into question.

Impact on the ECAA Visa Framework:

1. Status of the Agreement: The UK left the EU on January 31, 2020. However, the rights of Turkish nationals under the ECAA remain protected until December 31, 2020, due to the Brexit transition period. Post-transition, the UK is not bound by the ECAA.
2. New Applications: Post-transition, Turkish nationals applying for the first time are required to meet the rules of the UK’s new points-based immigration system, similar to non-EU citizens.
3. Existing Visa Holders: Turkish nationals who already held an ECAA visa before the end of the transition period can apply for extensions and settlement under the pre-existing ECAA rules.
4. Future Changes: As with all immigration policies, the specifics can evolve. It’s always advisable for potential applicants and current visa holders to keep abreast of the latest updates, either through the UK government’s official channels or through trusted immigration consultants.

7. Conclusion

The UK’s Turkish Worker Visa, established under the umbrella of the European Community Association Agreement (ECAA) with Turkey, is a testament to the longstanding relationship and mutual interests between the two regions. For Turkish nationals, this visa represents an avenue to extend their stay in the UK, capitalizing on their existing employment and fostering a deeper connection with the country.

Beyond mere immigration mechanics, it underscores the UK’s commitment to recognizing and valuing the contributions of Turkish workers to its socio-economic fabric. This visa serves not just as a route to employment continuity, but as a bridge fostering cross-cultural exchanges, economic collaboration, and shared growth.

For those eligible and considering extending their journey in the UK, the Turkish Worker Visa is more than just paperwork; it’s an opportunity to further root oneself in the diverse and vibrant UK community. As always, staying informed and seeking expert advice ensures a smooth and successful immigration journey.

For further information and updates please refer to Gov.UK Turkish Worker Visa.

8. FAQs

FAQs on the UK’s Turkish Worker Visa

4. How is the Turkish Worker Visa different from the Turkish Businessperson Visa?

The Turkish Worker Visa is for Turkish nationals who have been legally employed in the UK for at least a year. In contrast, the Turkish Businessperson Visa is for Turkish nationals wishing to start a new business in the UK or come to the UK to help run an already established business.

5. Is there a pathway to permanent residency or citizenship through the Turkish Worker Visa?

After a certain period of continuous residence in the UK, and depending on the specifics of your situation, you may become eligible to apply for indefinite leave to remain. This could eventually lead to British citizenship. Always consult with an immigration expert regarding your specific circumstances.

6. Can I switch employers while on the Turkish Worker Visa?

In the initial stages, you might be restricted to working with the same employer. However, after a certain period of legal employment, you may be allowed to switch employers within the same job sector.

7. Are there any English language requirements for the Turkish Worker Visa?

There are currently no English language requirements for the initial Turkish Worker Visa. However, if you decide to transition to another type of visa or apply for permanent residency in the future, English proficiency might be required.

8. How long does the application process usually take?

The processing time can vary based on various factors. Generally, it can take a few weeks to a few months. Always check the latest processing times on the official UK government website or consult with an immigration expert.

9. How can a Turkish person work in the UK?

A Turkish national can work in the UK through several pathways:

• ECAA Routes:
  • Turkish Worker Visa: This is for Turkish nationals who have been legally employed in the UK for at least a year. The length of stay with this visa is determined by the duration of the applicant’s previous legal employment in the UK.
  • Turkish Businessperson Visa: For Turkish nationals wishing to start or run a business in the UK.
• General UK Immigration Routes: Apart from the ECAA routes, Turkish nationals can also apply for the general UK work visa categories available to all other nationalities. These include:
  • Skilled Worker Visa: For those with a skilled job offer from a UK employer.
  • T5 Temporary Worker Visa: For those coming to the UK for short-term employment in specific sectors.
  • Health and Care Worker Visa: For professionals in the health and care sectors.
  • Other visa routes depending on the employment type and situation.

For all these routes, the application process will typically involve providing proof of employment, qualifications, and other relevant documentation.

10. Do Turkish nationals need a visa to work in the UK?

Yes, Turkish nationals require a visa to work in the UK. While there are special provisions for Turkish nationals under the ECAA (like the Turkish Worker and Businessperson visas), they can also apply through the general UK visa routes available to other nationalities, such as the Skilled Worker Visa, T5 Temporary Worker Visa, Health and Care Worker Visa, etc.

11. Do Turkish nationals need a visa for the UK?

Yes, Turkish nationals require a visa to enter the UK for any purpose, including tourism, business visits, work, or study. Turkish citizens cannot enter the UK for short visits without a valid visitor visa, unlike some other nationalities. Always check the official UK government website or consult with an immigration expert for up-to-date and specific information.

This FAQ section provides concise answers to common questions. However, always refer to official sources or consult with professionals for more detailed and personalized advice.