TORKiYE BAROLAR BiRÙ G%i. il - Türkiye Barolar Birliği Yayınları

VATANDAŞ LIK, GÖÇ, MÜLTEC İ VE YABANCILAR HUKUKUNDAKi GÜNCEL GELi ŞMELERThe category of au pairs was, meanwhile, deleted from the ARTICLEBYimmigration rules as from 26 November 2008, and replaced by PRAKZHSHAHthe Youth Mobility Scheme under which Turkey is not an eligiblecountry.The legal moves towards recognition of the rights of seifempioyedpersons are alsa of great significance for migrantsfrom Turkey in Britain. The first case invoking the standstill clausein Article 41(1) of the Additional Protocol, Sava5' 5, came fromthe UK. The Sava ş reference, sent to the ECJ by the High Court,brought into play the question of whether the standstill clauserequired •the consideration of the applicant's situation underthe more favourable Immigration Rules of 1972 in operation on1 January 1973, the date the Aciditional Protocol became legallyeffective for the UK. Mr. and Mrs. Sava ş had entered the UK asvisitors and had overstayed their leave. in November 1989, Mr.Sava ş star-ted to operate a shirt factory in Hackney. Re thenestablished afast food business in Hythe in December 1992 andstar-ted operating a second takeaway food business in Folkestonein September 1994.The couple's legal representatives communicated with theHome Oflice to regularise their position and, after refusal by theHome Ofllce and the commencementof deportation proceedings,they claimed that Mr. Sava ş had a right of establishment underthe Additfonal Protocol. Before the ECJ, Mr. Sava ş dropped thisline of argument, instead saying that the standstill clause had theeffect that his application should have been considered underthe1972 Immigration Rules on business entrants. Those ImmigrationRules were quite different to what they have later become: therewas no minimum investment requirement (it eventually rose ta£200,000); there was no requirement to create local jobs; andthere was na mandatory entry clearance requirement, whilepassengers arriving without entry clearance were to be gi yen athe Control of İ mmigration Statistics: http://www.homeofflce.gov.uk/rds/imrnigration-asylum-stats.html.R v Secretary of State for the Home Department, ex parte Abdulnasir Savas(Case C-37198) [2000] E.C.R. -2927, decision öte ı l May 2000.315