The Turkish European Community Association Agreement (ECAA), also referred to as the Ankara Agreement, was signed on 12 September 1963. Article 13 of that Agreement refers to the progressive abolition of restrictions on freedom of establishment and provision of services. A step forward in that process was Article 41 of the Additional Protocol to the Turkish ECAA (signed on 23 November 1970).

Article 41(1) of the Additional Protocol provides that Member States will “refrain from introducing new restrictions on the freedom of establishment and freedom to provide services” for Turkish nationals from the date the ECAA and Additional Protocol came into force for the Member State concerned. The United Kingdom became bound by this Agreement when it joined the then EEC in 1973. This provision is commonly known as “the standstill clause”. The European Court of Justice in case C-16/05 Tum and Dari (20 September 2007) held that the Ankara Agreement prohibits the introduction, from its entry into force, of any new restrictions on the exercise of the freedom of establishment and freedom to provide services, including those relating to the conditions governing first admission to an EU Member State.

The right to take the benefit of the standstill clause is subject to one exception regarding persons who are considered to be making an application following fraudulent or abusive conduct. This is consistent with the ECJ’s findings in Tum and Dari.

Applicants who practice fraud / abuse in the following regard whilst making an entry clearance application will be denied the benefit of the standstill clause and will be assessed under the current rules:

• by the use of deception to the entry clearance officer in the course of applying
• by relying on a business already established in the UK in breach of immigration law
• where there is a material link between the current business proposal and previous fraudulent / abusive conduct.

Under the European Community Association Agreement (ECAA) with Turkey, you have certain rights if:

• you are a Turkish citizen; and
• you want to apply to establish yourself in business in the United Kingdom.