ECAA Extension UK: 2026 Rules, ILR & Refusals

An ECAA Extension allows certain Turkish nationals who were previously granted leave under the European Community Association Agreement (ECAA) to extend their permission to stay in the UK to continue operating a business. Although the route closed to new applicants at the end of the Brexit transition period on 31 December 2020, individuals who already hold ECAA leave may continue to apply for further leave under the transitional provisions contained in Appendix ECAA Extension of Stay of the Immigration Rules.

The ECAA extension is not a route that can be entered afresh. It is a protected continuation category for people who were granted ECAA leave before the route closed and who have maintained lawful status under that framework. Applications must be made from within the UK and before the expiry of existing leave. This also means that if a person has switched out of the ECAA route into another immigration category, they will not usually be able to “return” to Appendix ECAA Extension of Stay.

Where an application is submitted in time and is valid, section 3C of the Immigration Act 1971 preserves lawful status on the same conditions while a decision is pending. Unlike points-based business routes, the ECAA extension focuses on genuine self-employment, business viability and financial independence. There is no application fee and no Immigration Health Surcharge, but the evidential burden is high and credibility is central to the Home Office assessment.

What this article is about

This guide explains who can apply for an ECAA extension, the legal requirements under Appendix ECAA Extension of Stay, the application process and supporting documentation, what happens if an application is refused and whether the route can lead to settlement and British citizenship under Appendix ECAA Settlement. It is written for existing ECAA leave holders seeking to understand their position under UK immigration law in 2026.

Section A: What Is an ECAA Extension?

The term “ECAA Extension” refers to an application made under Appendix ECAA Extension of Stay of the Immigration Rules. It enables certain Turkish nationals who were previously granted leave under the European Community Association Agreement to extend their stay in the UK to continue operating a business. Although the route is commonly described as the “Turkish Businessperson visa extension”, its legal basis now sits exclusively within the Immigration Rules as a transitional protection mechanism.

This section explains the current legal status of the route and who remains eligible to rely on it.

1. Is the Turkish Businessperson visa still open?

No. The Turkish Businessperson route closed to new applicants on 31 December 2020, at the end of the Brexit transition period.

Prior to that date, Turkish nationals could apply under rights derived from the Ankara Agreement between Turkey and the European Community. Following the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020, free movement and associated EU-derived rights were ended in UK law. As a result, no new initial applications under the ECAA route are permitted.

However, closure to new entrants did not extinguish the position of those already granted leave under the route. Transitional provisions were introduced to preserve their ability to extend their stay and, where eligible, apply for settlement.

2. What is Appendix ECAA Extension of Stay?

Appendix ECAA Extension of Stay is part of the UK Immigration Rules. It sets out the legal framework governing applications by individuals who already hold ECAA leave and wish to extend it.

It is important to understand that the route now operates entirely within domestic immigration law. Applicants are not relying directly on treaty rights under the Ankara Agreement. Instead, they rely on the Immigration Rules that preserve and regulate continuation of leave for existing holders.

Appendix ECAA Extension of Stay specifies:

• the validity requirements for an application
• the suitability grounds for refusal
• the eligibility criteria relating to business activity, investment and financial self-sufficiency
• the conditions attached to extended leave

The Home Office assesses applications under this Appendix in the same way as other rule-based applications, with a structured review of documentary evidence and credibility.

3. Who qualifies under the transitional provisions?

Only individuals who were previously granted leave under the ECAA route may apply for an ECAA extension. The ECAA extension is a continuation mechanism, not a route that can be entered for the first time.

In practical terms, this means:

• You must have last been granted leave as a Turkish Businessperson under the ECAA framework.
• You must apply before your current leave expires.
• If you apply in time and your application is valid, section 3C of the Immigration Act 1971 will extend your existing leave while the application is pending.

The route is therefore closed to:

• New applicants who have never held ECAA leave.
• Individuals who allowed their ECAA leave to expire without making an in-time application.
• Those who switched into another immigration category and no longer hold ECAA leave.

The ECAA extension is a continuation mechanism, not a route that can be entered afresh.

Section Summary

An ECAA extension is a transitional immigration route governed by Appendix ECAA Extension of Stay. Although the original Turkish Businessperson route is closed to new applicants, existing leave holders may continue to extend their stay provided they apply before expiry and meet the Immigration Rules. The route now operates entirely under UK domestic law and preserves lawful status through section 3C where applications are made in time.

Section B: Who Can Apply for an ECAA Extension?

An ECAA extension application is assessed against the detailed requirements set out in Appendix ECAA Extension of Stay. The Home Office will examine both the formal eligibility criteria and the overall credibility of the applicant’s business activity. This is not a light-touch renewal process. Each extension is a fresh assessment of whether the applicant continues to meet the substantive requirements of the route.

This section explains the core eligibility requirements that must be satisfied.

1. Current leave requirement

To qualify for an ECAA extension, you must currently hold valid leave granted under the ECAA route.

In practice:

• Your last grant of leave must have been under the ECAA framework.
• You must apply before your existing leave expires.
• If you submit a valid application in time, section 3C of the Immigration Act 1971 extends your existing leave automatically until a decision is made.

The ECAA extension is limited to continuous lawful participants in the route. If your leave has already expired and no in-time application was submitted, you will not normally be able to rely on Appendix ECAA Extension of Stay.

Importantly, if you have been granted leave in another immigration category since holding ECAA leave, you should not assume you can return to the ECAA route. Appendix ECAA Extension of Stay is a continuation mechanism and is not designed to be re-entered after switching out.

2. Genuine business activity requirement

You must demonstrate that you are genuinely operating, or genuinely intend to operate, one or more businesses in the UK.

The Rules permit you to:

• continue running an established business
• establish a new business
• take over an existing business
• become a partner or director in an existing UK business

However, the business must be genuine and viable. The Home Office will examine whether the activity is commercially credible and capable of generating sufficient income. This is not a passive investment route. You must play an active role in running the business.

3. Investment and financial commitment rules

Appendix ECAA requires that you have invested, or will invest, sufficient funds or assets of your own into the business in proportion to your interest.

Key points include:

• The investment must reflect your share of ownership.
• Funds must be lawfully obtained, clearly evidenced and genuinely available to you at the date of application.
• If funds have not yet been invested at the date of application, there must be a credible timetable, not exceeding 11 months from the date of application, for their investment.

The Home Office will scrutinise the source of funds and whether they are genuinely available to the business. Loans are not prohibited, but the structure must not undermine the applicant’s personal financial commitment or create disguised employment.

4. Disguised employment prohibition

A central feature of the ECAA extension route is the requirement that the applicant is genuinely self-employed.

You must show that:

• Your role does not amount to employment in substance.
• You are not operating under the direction and control of another party as an employee would.
• Your income is derived from business profits rather than a fixed salary indicative of employment.

Where an arrangement resembles employment rather than self-employment, the application is likely to be refused. UKVI will look at the practical reality of the relationship, including the degree of control, whether you assume business risk, how you are paid and whether your income varies with business performance.

5. Financial self-sufficiency and public funds restriction

You must demonstrate that your share of business profits is sufficient to support both yourself and any dependants without recourse to public funds.

This includes showing:

• ongoing income derived from the business
• sufficient funds to meet living costs
• no reliance on state benefits

The ECAA route carries a public funds restriction. Financial independence is therefore a core requirement, not a peripheral consideration. The Home Office may examine bank statements, business accounts, HMRC records and living cost evidence to assess whether you are financially self-sufficient.

Section Summary

To qualify for an ECAA extension, you must hold valid ECAA leave and apply before expiry. You must be actively and genuinely engaged in a viable UK business, invest your own funds proportionately, avoid arrangements that amount to disguised employment and demonstrate financial self-sufficiency without reliance on public funds. Each extension is a full reassessment of compliance under Appendix ECAA Extension of Stay.

Section C: What Are the ECAA Business Requirements in Practice?

While Appendix ECAA Extension of Stay sets out the formal eligibility criteria, the outcome of an ECAA extension application often turns on credibility. The Home Office will not simply check whether documents have been submitted. Caseworkers assess whether the business is genuine, viable and consistent with genuine self-employment.

This section explains how the business requirements operate in practice and what UKVI will scrutinise.

1. The genuine and viable business test

You must show that the business you are operating, or intend to operate, is genuine and commercially viable.

A genuine business is one that:

• is lawfully established in the UK
• is actively trading or realistically capable of trading
• has a clear commercial purpose
• is not created solely to support an immigration application

A viable business is one that is capable of generating sufficient income to sustain the applicant and any dependants. UKVI will consider whether revenue projections are realistic and supported by objective evidence.

Where the business has been trading, caseworkers will review performance history. Where the business is newly established, they will examine the credibility of the business plan, market research and projected income. The burden rests on the applicant to demonstrate commercial substance.

2. Investment and the 11-month rule

Appendix ECAA Extension of Stay requires that you have invested, or will invest, sufficient funds or assets of your own into the business in proportion to your interest.

If funds have not yet been fully invested at the date of application, the Rules allow for a credible investment plan, provided that:

• the funds are genuinely available to you at the date of application and not speculative future funding
• the source of funds is lawful and evidenced
• the investment timetable does not exceed 11 months from the date of application

This is not an open-ended commitment. UKVI expects to see clear evidence of how and when the funds will be deployed. Bank statements, transfer records, loan agreements and accounting evidence are routinely examined. Unexplained funds or vague projections will undermine credibility.

3. Financial accounts and HMRC compliance

Where the business has been trading, formal accounts carry significant weight.

Applicants should expect UKVI to assess:

• business accounts prepared by a qualified accountant
• HMRC registration documents
• corporation tax returns or self-assessment filings, as applicable
• VAT registration, where applicable
• evidence of payment of tax and National Insurance

Compliance with HMRC obligations strengthens credibility. Gaps in tax records, inconsistent turnover figures or unexplained losses may prompt further scrutiny. The Home Office is not assessing tax liability as such, but financial irregularities can cast doubt on whether the business is genuinely operating as claimed.

4. Regulatory and operational requirements

If the nature of the business requires registration, accreditation or insurance, this must be in place to demonstrate lawful operation.

For example:

• professional services may require regulatory body registration
• certain trades require specific licences
• employers must hold appropriate employer’s liability insurance

Failure to obtain mandatory approvals may undermine the argument that the business is genuine and capable of lawful operation.

UKVI may also review:

• lease agreements or premises evidence
• contracts with clients
• invoices and payment records
• marketing and advertising materials

The cumulative picture must demonstrate a functioning business, not merely a registered entity.

5. Dependants under an ECAA extension

Family members already granted leave as dependants under the ECAA route may apply to extend their stay in line with the main applicant.

Dependants typically include:

• a spouse or partner
• children who are dependent and not leading independent lives

Adult children can only continue as dependants if they remain financially dependent and are not living independently.

The main applicant must continue to demonstrate sufficient income to support dependants without recourse to public funds. The extension granted to dependants will normally expire on the same date as the main applicant’s leave.

Family members overseas can apply to join an ECAA leave holder only where the main applicant continues to hold valid leave under the ECAA route and the dependant requirements are met. This does not create a route for new entrants in their own right, and the ability to join depends on the main applicant maintaining ECAA status.

Section Summary

In practice, ECAA extension applications are credibility assessments. The Home Office evaluates whether the business is genuine, commercially viable and lawfully operated. Investment must be proportionate and clearly evidenced, tax compliance must be demonstrable and any regulatory requirements must be satisfied. Dependants may extend in line with the main applicant provided financial self-sufficiency is maintained and dependency requirements continue to be met.

Section D: How to Apply for an ECAA Extension

An application for an ECAA extension must comply with the validity and procedural requirements set out in Appendix ECAA Extension of Stay and the relevant general provisions of the Immigration Rules, including the suitability grounds for refusal under Part 9. Even where the substantive business requirements are met, failure to follow the correct application process can result in rejection or refusal.

This section explains how the application must be made and what applicants should expect.

1. Making the application

An ECAA extension application must be submitted online from within the UK. You must apply before your current leave expires. If you submit a valid application in time, section 3C of the Immigration Act 1971 automatically extends your existing leave on the same conditions until a decision is made.

You cannot apply from outside the UK. The ECAA extension route is a continuation mechanism and does not permit entry clearance applications.

When completing the application, you must ensure that:

• all mandatory fields are completed accurately
• supporting documents are uploaded in the required format
• any declarations are truthfully made

Providing false or misleading information can lead to refusal under the suitability provisions of the Immigration Rules and may have longer-term consequences for future applications.

2. Proving your identity and biometrics

As part of the application process, you must prove your identity.

Depending on your circumstances, you may:

• use the UK Immigration: ID Check app to verify your identity remotely, or
• be required to attend a UKVCAS (UK Visa and Citizenship Application Services) appointment to enrol your biometric information

Biometric enrolment involves the capture of fingerprints and a facial image. Failure to comply with biometric requirements will result in the application being invalid.

Applicants should follow the instructions issued by UKVI carefully, as procedural non-compliance can delay or jeopardise the application.

3. Supporting documentation

ECAA extension applications are evidence-driven. The burden is on the applicant to demonstrate compliance with the Rules.

Core documentation typically includes:

• a valid passport or travel document
• a biometric residence permit confirming existing ECAA leave
• business accounts prepared by a qualified accountant
• HMRC registration and tax documentation
• evidence of investment or available funds
• bank statements covering recent trading periods
• contracts, invoices and proof of trading activity
• premises agreements or lease documentation, where applicable
• evidence of any required licences or professional registrations

Where establishing a new business, a detailed business plan, funding evidence and projected financial statements may be required.

Documents must be consistent, credible and capable of withstanding scrutiny. Discrepancies between declared income and bank records, or between business activity and tax filings, are common reasons for refusal.

There is no separate English language requirement at the extension stage, but applicants should plan for the Knowledge of Life in the UK and English language requirements at settlement stage where applicable.

4. Application fee and Immigration Health Surcharge

There is no application fee for an ECAA extension.

Applicants are also not required to pay the Immigration Health Surcharge. This reflects the transitional nature of the route and distinguishes it from most other immigration categories. Although no Immigration Health Surcharge is payable, access to NHS services is governed by the conditions of leave and the wider rules on NHS charging.

Although there is no Home Office fee, applicants may incur professional fees where legal advice or accounting assistance is sought.

5. Processing times and travel restrictions

ECAA extension decisions are typically made within approximately six months, although processing times can vary depending on complexity and caseworker workload.

If further information is required, UKVI may contact the applicant or invite them to attend an interview.

Applicants should not travel outside the Common Travel Area, comprising the UK, Ireland, the Channel Islands and the Isle of Man, while the application is pending. Under paragraph 34K of the Immigration Rules, departure from the UK before a decision is made will result in the application being treated as withdrawn.

Remaining in the UK during the decision period preserves section 3C leave and avoids inadvertent loss of status.

Section Summary

An ECAA extension must be applied for online from within the UK before existing leave expires. Identity verification and biometric compliance are mandatory and the evidential burden is substantial. There is no application fee and no Immigration Health Surcharge, but credibility and documentary consistency are critical. Applicants must remain within the Common Travel Area while awaiting a decision to avoid withdrawal of the application.

Section E: What Happens if an ECAA Extension Is Refused?

An ECAA extension refusal can have significant consequences for lawful status in the UK. Because the route is closed to new entrants and operates as a continuation mechanism, a refusal may limit future options under Appendix ECAA Extension of Stay. It is therefore important to understand the legal remedies available and the impact on immigration status.

This section explains the position following refusal.

1. Is there a right of appeal?

In most cases, there is no statutory right of appeal against refusal of an ECAA extension application.

Unlike certain human rights or protection claims, an ECAA extension refusal does not automatically generate a right of appeal to the First-tier Tribunal. The decision is made under the Immigration Rules and is typically subject only to administrative reconsideration mechanisms.

Appeal rights may arise only where a refusal decision also refuses a human rights claim, for example where Article 8 family life has been expressly raised and considered. Whether an appeal right exists depends on how the application was framed and the basis of refusal. Applicants should not assume an appeal right exists and should check the refusal notice carefully.

2. Administrative Review under Appendix AR

Where the refusal decision is eligible, an applicant may request an Administrative Review under Appendix AR of the Immigration Rules.

Administrative Review is not a rehearing of the application. It is a paper-based process that considers whether the decision contains a caseworking error. Examples include:

• failure to consider relevant evidence submitted
• misapplication of the Immigration Rules
• calculation or factual errors

Administrative Review is only available where the refusal notice states that the decision is eligible. Where it is available, it must be requested within the deadline stated in the decision notice, which is commonly 14 days for in-country Administrative Review applications.

3. Section 3C leave implications

Where an ECAA extension application was submitted in time, section 3C of the Immigration Act 1971 extends existing leave while the application is pending.

If the application is refused and no further in-time action is taken, section 3C leave will end. From that point, the individual may become an overstayer unless another lawful basis to remain exists.

If the refusal is eligible for Administrative Review and an Administrative Review is submitted in time, section 3C leave may continue while the review is pending. If the Administrative Review request is made out of time, section 3C leave will not usually continue and does not revive simply because a late request is submitted.

The timing and procedural handling of post-refusal steps are therefore critical. Incorrect assumptions about ongoing lawful status can expose applicants to overstaying consequences, including adverse impact on future immigration applications.

4. Alternative immigration options

Because the ECAA route is closed to new entrants, refusal of an extension may mean that the applicant cannot re-enter the route.

Depending on individual circumstances, alternative immigration routes may need to be considered, such as:

• Skilled Worker sponsorship
• Innovator Founder route
• family-based applications
• other work or business-related categories

Any move into another route must comply with the Immigration Rules for the destination category, including whether switching from within the UK is permitted. Early legal advice is often advisable following refusal, particularly where long residence or settlement planning is affected.

Section Summary

ECAA extension refusals generally do not carry an automatic right of appeal. Administrative Review may be available where the refusal is eligible under Appendix AR, but it is limited to correcting caseworking errors and is only available where confirmed in the refusal notice. Section 3C leave will end if no further in-time action is taken and it will not usually continue where a review request is out of time. Given the closed nature of the route, refusal can significantly affect long-term residence plans and may require consideration of alternative immigration categories.

Section F: Can an ECAA Extension Lead to Settlement and British Citizenship?

Although the ECAA route is closed to new applicants, it remains a recognised pathway to settlement for those who have maintained lawful status under its provisions. Applicants who continue to meet the requirements may, after a qualifying period, apply for indefinite leave to remain under Appendix ECAA Settlement.

This section explains how the route leads to permanent residence and, potentially, British citizenship.

1. Indefinite Leave to Remain under Appendix ECAA Settlement

After completing five continuous years of lawful residence in the UK under the ECAA route, an applicant may be eligible to apply for settlement under Appendix ECAA Settlement.

The five-year period must consist of continuous leave granted under the ECAA framework. Time spent in other immigration categories will not normally count toward the qualifying period under Appendix ECAA Settlement.

To qualify for ILR, applicants must:

• have completed five years of continuous lawful residence under the ECAA route
• continue to meet the business requirements of the route, including genuine self-employment
• not fall for refusal under the suitability provisions of the Immigration Rules, including Part 9

The Home Office will assess whether the applicant remains genuinely self-employed and whether the business remains viable at the point of settlement. Applicants must also not be in breach of immigration laws, including conditions attached to leave.

2. Continuous residence and absences

Applicants must demonstrate continuous residence in the UK during the five-year qualifying period required for settlement.

Appendix ECAA Settlement contains its own continuous residence test. It does not apply the same absence thresholds used in points-based routes, but excessive or prolonged absences may break continuous residence or undermine the assessment that the applicant has maintained genuine residence and business activity in the UK.

Applicants should retain detailed travel records and be prepared to explain any significant periods spent outside the UK, particularly where those absences affect business operations or the continuity of residence.

3. Knowledge of language and life in the UK

As with most settlement routes, applicants must satisfy:

• the Knowledge of Life in the UK requirement, by passing the Life in the UK Test
• the English language requirement, unless exempt

Exemptions may apply in limited circumstances, for example due to age or medical condition, but most applicants will need to meet both requirements before settlement can be granted. These requirements apply at the ILR stage even if they were not required when ECAA leave was first granted.

4. Suitability and good character considerations

Applicants for settlement must not fall foul of the suitability criteria under the Immigration Rules.

Criminal convictions, deception in previous applications, unpaid NHS charges or breaches of immigration conditions may result in refusal. For naturalisation as a British citizen, the good character requirement is applied more broadly and includes assessment of conduct over a longer historical period under nationality law.

Maintaining full compliance throughout the ECAA period is therefore critical for long-term immigration planning.

5. British citizenship after ILR

Once indefinite leave to remain has been granted, an individual may become eligible to apply for naturalisation as a British citizen.

In most cases:

• the applicant must hold ILR for at least 12 months before applying for citizenship
• if married to or in a civil partnership with a British citizen, the 12-month waiting period may not apply

Naturalisation is governed by the British Nationality Act 1981 and involves additional requirements, including residence thresholds, good character assessment and intention to continue living in the UK.

Settlement under the ECAA route does not automatically result in citizenship. It is a separate legal process requiring a further application.

Section Summary

Despite closure to new entrants, the ECAA extension route remains capable of leading to settlement under Appendix ECAA Settlement after five continuous years of lawful residence. Applicants must maintain genuine self-employment, continuous residence and compliance with the Immigration Rules, including suitability requirements under Part 9. Following ILR, naturalisation as a British citizen may be possible subject to meeting the statutory requirements under nationality law.

FAQs: ECAA Extension

1. Can I still apply for an ECAA extension in 2026?

Yes, but only if you already hold valid leave under the ECAA route. The Turkish Businessperson route is closed to new applicants. Appendix ECAA Extension of Stay permits extensions only for those previously granted leave under the framework and who have maintained lawful status under it.

2. How long can I extend my ECAA leave for?

Grants of further leave are typically made for up to three years at a time, provided the eligibility requirements continue to be met. There is no formal limit on the number of extensions, but each application is assessed afresh on its own evidence.

3. Is there an application fee for an ECAA extension?

No. There is no Home Office application fee and no Immigration Health Surcharge payable for an ECAA extension application.

4. Can I take employment outside my business?

No. Leave under Appendix ECAA Extension of Stay is granted on the basis of genuine self-employment. You cannot take employment as an employee for another business.

5. Can I switch from an ECAA extension to another visa route?

Switching may be possible depending on the destination route and its switching provisions. Not all immigration categories permit in-country switching. Any application to switch must meet the rules of the destination category and should be considered carefully where long residence and settlement plans are affected.

6. Does time spent under an ECAA extension count towards ILR?

Yes. Lawful residence under the ECAA route can count toward the five-year qualifying period for settlement under Appendix ECAA Settlement, provided continuous residence requirements are met and you continue to meet the route conditions.

7. Can my family members extend their stay?

Yes, dependants who already hold leave under the ECAA route may apply to extend in line with the main applicant, provided they remain eligible and, where relevant, continue to be financially dependent and not leading independent lives.

8. Can I travel while my ECAA extension application is pending?

No. If you leave the Common Travel Area while your application is pending, it will be treated as withdrawn under the Immigration Rules.

Conclusion

The ECAA extension route remains a legally protected continuation pathway for Turkish nationals who were granted leave under the Ankara Agreement framework before its closure to new applicants on 31 December 2020. Governed by Appendix ECAA Extension of Stay, it enables qualifying individuals to continue operating a genuine and viable UK business without paying an application fee or Immigration Health Surcharge.

However, the route is document-intensive and credibility-focused. Applicants must demonstrate ongoing genuine self-employment, proportionate investment, financial independence and compliance with UK immigration conditions and tax obligations. Refusals can significantly affect long-term residence plans, particularly given the closed nature of the route and the need to maintain continuous lawful status.

For those who maintain compliance, the ECAA extension can lead to settlement under Appendix ECAA Settlement after five continuous years of lawful residence, and ultimately to British citizenship under nationality law. Careful preparation and structured evidence remain central to success under this transitional category.

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