The British Consulate General in Istanbul had recently accepted an application from their client, Gurbuz Sanatci, requesting a work and residence permit.

Progress made in a test case - 21 / 05 / 2008 09:15

Progress has been made in a test case by lawyers of a Turkish citizen vis-à-vis Britain's implementation of the Ankara Agreement, signed in 1963, which regulates the individual enterprise and settlement rights of Turkish citizens in European Union member states through an additional protocol prepared in 1973.

Kuddus Solicitors, a London-based law office specializing in immigration and business law, announced at a press conference on Monday evening in London that the British Consulate General in Istanbul had recently accepted an application from their client, Gurbuz Sanatci, requesting a work and residence permit.

It is the first time that British authorities in Turkey have accepted such an application filed from within Turkey -- as based on rights granted to Turkish citizens via the additional protocol and in line with a verdict of the European Court of Justice (ECJ).

The ECJ ruled on Sept. 20 that two Turkish citizens, Mehmet Dari and Veli Tum, must be given residence permits though their presence in the country was deemed illegal.

The court cited the agreement signed between Turkey and the then European Community, the Turkish-EC Association Agreement (TCAA), known as the Ankara Agreement.

The additional protocol to the Ankara Agreement dated 1973 allows Turkish nationals to set up and run a business or businesses in Britain.

The protocol contains a clause, known as the "standstill clause," which prohibited EU member states from introducing new rules that would restrict the rights of Turkish nationals as given under the agreement.

The effect of this is that applications made under the treaty are governed by immigration rules as they were in 1973 and not as they are now.

The ECJ decision concerning the case, Tüm and Dari vs. Secretary of State, makes it possible for a Turkish applicant to apply to establish a business in Britain under the provisions of the Ankara Agreement regardless of whether they are inside or outside of Britain.

"The partnership law between Turkey and the EU grants special rights to Turkish citizens, such as being able to take their cases before the ECJ although Turkey is not an EU member country," a Turkish official closely involved in the issue told Today's Zaman.

"Following the ECJ verdict in September 2007, the UK Home Office should have implemented necessities of this ruling after a reasonable period of time. But UK authorities so far have somehow dragged their feet to not, for example, accept applications filed from Turkey. Eventually, one more step has been taken in Turkish citizens' pursuit of their already existing rights to be fully implemented," the same official, speaking on condition of anonymity, also said.

The official, however, warned that the fact that the British Consulate General in Istanbul accepted Sanatci's application should not be considered a guarantee that he will be granted residence and work permits.

The relevant procedure will be implemented by British authorities, and it is up to their judgment as to whether the applicant fulfills the related recommendations, the official added, noting that the British Consulate General's stance concerning seven similar applications would become clear later this week.

Applicants who wish to enter or remain in Britain as self-employed persons under the provisions of the Ankara Agreement are required to have a genuine intention to establish a business in Britain, provide a detailed breakdown of setup costs of the intended business in Britain and possess sufficient funds to establish and run the business.

An applicant can be refused a visa under the agreement if the immigration authorities feel that approving the applicant's request could lead to public security or health risks.

Today's Zaman