Turkish Employed applications under Decision 1/80 of the Association Council established by the ECAA with Turkey
Qualifying for leave under article 6(1)
In order to qualify initially a person must:
(a) be a worker; and;
(b) be duly registered as belonging to the UK’s labour force; and
(c) have been in legal employment with the same employer for at least one year.
Freedoms within the labour force increase with time, such that after three years of legal employment a worker can take up employment with any employer within the same occupation and after four years of legal employment a worker can take up any offer of employment.
Loss of article 6(1) rights
There are circumstances in which periods without employment do not affect article 6(1) rights – see section 6. However, a worker who leaves the labour force and (i) objectively no longer has any chance of rejoining it, or (ii) exceeds a reasonable time limit for finding new employment after a period without work, loses any rights accrued under article 6(1).
Where a worker has obtained previous leave which gives an entitlement to work in fraudulent circumstances, (i.e. has practised proactive deception), they will not accrue rights under article 6(1).
Rights under Article 6(1) can also be limited on grounds of public policy, public health and public security by virtue of Article 14(1) of Decision 1/80.
Public Policy and Public Security
The personal conduct of the applicant must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society,
Decisions taken on grounds of public policy or public security must be proportionate and must only refer to the conduct of the applicant.
Previous criminal convictions shall not in themselves constitute grounds for refusal. However, criminal convictions can be considered as one relevant factor in the fuller assessment of conduct.