# C_2006237EN.01000401.xml

| 30.9.2006 | EN | Official Journal of the European Union | C 237/4 |
| --------- | -- | -------------------------------------- | ------- |

---

Reference for a preliminary ruling from Court of Appeal (Civil Division) (England and Wales) made on 30 June 2006 — The Queen on the application of Ezgi Payir, Burhan Akyuz, Birol Ozturk v Secretary of State for the Home Department

(Case C-294/06)

(2006/C 237/07)

Language of the case: English

Referring court

Court of Appeal (Civil Division) (England and Wales)

Parties to the main proceedings

Applicants: Ezgi Payir, Burhan Akyuz, Birol Ozturk

Defendant: Secretary of State for the Home Department

Questions referred

| 1. | In a case in which:
a)
a Turkish national was granted leave to enter the United Kingdom for two years in order to take up a placement in that country as an 'au pair' as defined in the United Kingdom Immigration Rules; and b)
her leave to enter included permission to be employed in that capacity; and c)
she was continuously employed in that capacity by the same employer for a period exceeding one year during her leave to enter; and d)
that employment was a genuine and effective economic activity; and e)
that employment was in accordance with national laws relating to employment and immigration;
then, was the Turkish national concerned, during that employment:
(i)
a worker within the meaning of Article 6 of Decision No 1/80 of the Association Council established by the Association Agreement between the Community and Turkey? (ii)
duly registered as belonging to the labour force of the United Kingdom within the meaning of that Article? | a) | a Turkish national was granted leave to enter the United Kingdom for two years in order to take up a placement in that country as an 'au pair' as defined in the United Kingdom Immigration Rules; and | b) | her leave to enter included permission to be employed in that capacity; and | c) | she was continuously employed in that capacity by the same employer for a period exceeding one year during her leave to enter; and | d) | that employment was a genuine and effective economic activity; and | e) | that employment was in accordance with national laws relating to employment and immigration;
then, was the Turkish national concerned, during that employment:
(i)
a worker within the meaning of Article 6 of Decision No 1/80 of the Association Council established by the Association Agreement between the Community and Turkey? (ii)
duly registered as belonging to the labour force of the United Kingdom within the meaning of that Article? | (i) | a worker within the meaning of Article 6 of Decision No 1/80 of the Association Council established by the Association Agreement between the Community and Turkey? | (ii) | duly registered as belonging to the labour force of the United Kingdom within the meaning of that Article? |
| ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ---- | ---------------------------------------------------------------------------------------------------------- | -- | ---------------------------------------------------------------------------------------------------------------------------------- | -- | ------------------------------------------------------------------ | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ---- | ---------------------------------------------------------------------------------------------------------- |
| a) | a Turkish national was granted leave to enter the United Kingdom for two years in order to take up a placement in that country as an 'au pair' as defined in the United Kingdom Immigration Rules; and | | | | | | | | | | | | | | |
| b) | her leave to enter included permission to be employed in that capacity; and | | | | | | | | | | | | | | |
| c) | she was continuously employed in that capacity by the same employer for a period exceeding one year during her leave to enter; and | | | | | | | | | | | | | | |
| d) | that employment was a genuine and effective economic activity; and | | | | | | | | | | | | | | |
| e) | that employment was in accordance with national laws relating to employment and immigration;
then, was the Turkish national concerned, during that employment:
(i)
a worker within the meaning of Article 6 of Decision No 1/80 of the Association Council established by the Association Agreement between the Community and Turkey? (ii)
duly registered as belonging to the labour force of the United Kingdom within the meaning of that Article? | (i) | a worker within the meaning of Article 6 of Decision No 1/80 of the Association Council established by the Association Agreement between the Community and Turkey? | (ii) | duly registered as belonging to the labour force of the United Kingdom within the meaning of that Article? | | | | | | | | | | |
| (i) | a worker within the meaning of Article 6 of Decision No 1/80 of the Association Council established by the Association Agreement between the Community and Turkey? | | | | | | | | | | | | | | |
| (ii) | duly registered as belonging to the labour force of the United Kingdom within the meaning of that Article? | | | | | | | | | | | | | | |

| 2. | In a case in which:
a)
a Turkish national was granted leave to enter the United Kingdom under its Immigration Rules in order to follow a course of study in that country; and b)
his leave to enter included permission to be employed in any occupation with a limit during term time of 20 hours work per week; and c)
he was continuously employed by the same employer for a period exceeding one year during his leave to enter; d)
that employment was a genuine and effective economic activity; and e)
that employment was in accordance with national laws relating to employment and immigration;
then, was the Turkish national concerned, during that employment:
(i)
a worker within the meaning of Article 6 of Decision No 1/80 of the Association Council established by the Association Agreement between the Community and Turkey? (ii)
duly registered as belonging to the labour force of the United Kingdom within the meaning of that Article? | a) | a Turkish national was granted leave to enter the United Kingdom under its Immigration Rules in order to follow a course of study in that country; and | b) | his leave to enter included permission to be employed in any occupation with a limit during term time of 20 hours work per week; and | c) | he was continuously employed by the same employer for a period exceeding one year during his leave to enter; | d) | that employment was a genuine and effective economic activity; and | e) | that employment was in accordance with national laws relating to employment and immigration;
then, was the Turkish national concerned, during that employment:
(i)
a worker within the meaning of Article 6 of Decision No 1/80 of the Association Council established by the Association Agreement between the Community and Turkey? (ii)
duly registered as belonging to the labour force of the United Kingdom within the meaning of that Article? | (i) | a worker within the meaning of Article 6 of Decision No 1/80 of the Association Council established by the Association Agreement between the Community and Turkey? | (ii) | duly registered as belonging to the labour force of the United Kingdom within the meaning of that Article? |
| ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ---- | ------------------------------------------------------------------------------------------------------------------------------------ | -- | ------------------------------------------------------------------------------------------------------------ | -- | ------------------------------------------------------------------ | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ---- | ---------------------------------------------------------------------------------------------------------- |
| a) | a Turkish national was granted leave to enter the United Kingdom under its Immigration Rules in order to follow a course of study in that country; and | | | | | | | | | | | | | | |
| b) | his leave to enter included permission to be employed in any occupation with a limit during term time of 20 hours work per week; and | | | | | | | | | | | | | | |
| c) | he was continuously employed by the same employer for a period exceeding one year during his leave to enter; | | | | | | | | | | | | | | |
| d) | that employment was a genuine and effective economic activity; and | | | | | | | | | | | | | | |
| e) | that employment was in accordance with national laws relating to employment and immigration;
then, was the Turkish national concerned, during that employment:
(i)
a worker within the meaning of Article 6 of Decision No 1/80 of the Association Council established by the Association Agreement between the Community and Turkey? (ii)
duly registered as belonging to the labour force of the United Kingdom within the meaning of that Article? | (i) | a worker within the meaning of Article 6 of Decision No 1/80 of the Association Council established by the Association Agreement between the Community and Turkey? | (ii) | duly registered as belonging to the labour force of the United Kingdom within the meaning of that Article? | | | | | | | | | | |
| (i) | a worker within the meaning of Article 6 of Decision No 1/80 of the Association Council established by the Association Agreement between the Community and Turkey? | | | | | | | | | | | | | | |
| (ii) | duly registered as belonging to the labour force of the United Kingdom within the meaning of that Article? | | | | | | | | | | | | | | |

---