Turkish nationals seeking Indefinite Leave to Remain (ILR) in the UK are facing increasing uncertainty following a sharp decline in settlement approvals under the European Community Association Agreement (ECAA) route.
Recent figures show that ECAA settlement approvals fell by 78% during the first half of 2026 compared with the same period in 2025. The decline has raised concerns among immigration lawyers and parliamentarians, particularly following reports of errors in refusal decisions and the treatment of applicants facing exceptional personal circumstances.
Former Foreign Secretary David Lammy has also questioned the Home Office’s approach, drawing comparisons with the Windrush scandal and calling for greater scrutiny of recent decisions.
ECAA Settlement Approvals Fall by 78%
The ECAA route, commonly associated with the Turkish Businessperson visa, allowed Turkish nationals to establish businesses in the UK and subsequently apply for settlement, provided they met the relevant immigration requirements.
Although the route closed to new applicants following Brexit, existing visa holders can continue to apply for extensions and settlement where eligible.
According to figures reported by The Guardian, the number of ECAA applicants granted settlement dropped significantly:
- January–June 2025: 3,378 settlement approvals.
- January–June 2026: 745 settlement approvals.
- Overall decline: Approximately 78%.
Requests for administrative review have also increased. Figures obtained through a Freedom of Information request show that 395 review applications were recorded between January and mid-August 2026, compared with 145 throughout 2025.
Immigration lawyers have additionally reported delays affecting applications submitted from September 2025 onwards, with some exceeding the usual six-month processing period.
errors in Home Office Decisions Raise Concerns
Reports of inaccurate refusal decisions have added to concerns about how ECAA settlement applications are being assessed.
In one case, an applicant operating a window-cleaning business was refused settlement partly because the Home Office could not identify a business website or social media presence.
However, maintaining an online presence is not a mandatory requirement under the ECAA settlement provisions. The refusal was subsequently overturned.
Another applicant reportedly received a refusal after the Home Office incorrectly calculated their absences from the UK, concluding that they had exceeded the permitted 180-day threshold.
Such errors can have serious consequences for individuals who have spent years establishing businesses, supporting their families and building their lives in the UK.
Compassionate Circumstances and Settlement Refusals
Concerns have also been raised about decisions involving applicants who spent extended periods outside the UK because of serious medical conditions or family emergencies.
One reported case involved a Turkish national who underwent cancer treatment in Turkey during the COVID-19 pandemic. Despite medical advice indicating that transferring her treatment could present significant clinical risks, her settlement application was refused.
Following a review, the Home Office maintained its decision and instructed the applicant and her three children to leave the UK.
In another case, an applicant who travelled to Turkey to support a father suffering from terminal Alzheimer’s disease was refused settlement because the Home Office considered that the illness did not constitute an unforeseen emergency.
These cases have raised questions about how medical evidence and compassionate circumstances are considered when assessing continuous residence requirements.
David Lammy Draws Comparison with the windrush scandal
David Lammy, the MP for Tottenham, has expressed concern about the impact of recent refusals on members of the UK’s Turkish-speaking community.
He reported receiving representations from constituents whose lives had been severely affected by what appeared to be a change in the Home Office’s approach.
Lammy also drew parallels with the Windrush scandal, which exposed serious failures in immigration administration and resulted in longstanding UK residents facing wrongful enforcement action.
He called on the Home Office to revisit the recommendations of the Windrush Lessons Learned Review and ensure that affected Turkish nationals receive fair treatment.
His intervention has brought further attention to the importance of accurate decision-making and appropriate consideration of individual circumstances.
Has the home office changes its eCAA Settlement policy?
Despite the substantial decline in approvals, the Home Office maintains that there has been no change to the assessment of ECAA settlement applications.
Responding to the concerns, a Home Office spokesperson stated:
“There has been no change to how ECAA settlement applications are considered. Every application continues to be considered on its individual circumstances, in line with the published rules and guidance.”
However, immigration practitioners have questioned whether existing requirements are being interpreted more restrictively, particularly in applications involving extended absences and compassionate circumstances.
Although the figures demonstrate a significant reduction in settlement approvals, they do not establish that the Home Office has formally changed its policy.
What does this mean for turkish nationals applying for iLR?
The recent developments highlight the importance of ensuring that ECAA settlement applications are supported by accurate and comprehensive evidence.
Applicants should pay particular attention to their business records, immigration history, periods spent outside the UK and any exceptional circumstances affecting their eligibility.
Those who receive a refusal should carefully examine the reasons provided, particularly where there may have been factual errors or incorrect application of the Immigration Rules.
Depending on their circumstances, applicants may be able to challenge a decision through administrative review or other available legal remedies.
How morgan smith immigration can help
At Morgan Smith Immigration, we provide professional immigration advice and legal assistance to individuals, families and businesses across a wide range of UK immigration matters.
Whether you are applying for a UK visa, seeking settlement or require assistance with a Home Office decision, our experienced immigration team can help you understand your options and the relevant requirements.
For professional immigration advice, contact Morgan Smith Immigration on 0203 959 3335 or email [email protected].
