What is curtailment of leave?

Curtailment of leave is when the Home Office cuts short a person's limited permission to be in the UK, so that they have less time left or none. Since December 2020 the Immigration Rules mostly use the word cancellation for the same power. The cut can take effect immediately or on a later date.

How curtailment of leave works

Curtailment means shortening a person’s limited leave so that they have a shorter period left, or none. The Home Office guidance gives that meaning.^{[1]UK Visas and Immigration, Cancellation and curtailment of permission: caseworker guidance}

Since 1 December 2020, the Immigration Rules mostly use the word cancellation. Paragraph 6.2 defines cancellation as cancellation, variation in duration, or curtailment of entry clearance or permission. It can take effect immediately or at a specified future date, and whether the person is in the UK or overseas. See cancellation of leave for the wider term.^{[1]UK Visas and Immigration, Cancellation and curtailment of permission: caseworker guidance}

The power comes from section 3(3)(a) of the Immigration Act 1971, which allows leave to be varied. It must be exercised by notice in writing given to the person affected.^{[1]UK Visas and Immigration, Cancellation and curtailment of permission: caseworker guidance}

It does not apply to people with settlement. The guidance says that where a person has settlement and is in the UK, their permission can only be cancelled on the grounds in section 76 of the Nationality, Immigration and Asylum Act 2002.^{[1]UK Visas and Immigration, Cancellation and curtailment of permission: caseworker guidance[2]Home Office, Immigration Rules: Part Suitability}

The main grounds

The grounds are in Part Suitability of the Immigration Rules. Some are mandatory (the Rules say “must”) and some are discretionary (“may”).^{[2]Home Office, Immigration Rules: Part Suitability}

Each ground is a separate rule in the Part Suitability page. Read the exact wording for your route.^{[2]Home Office, Immigration Rules: Part Suitability}

The 60-day period

When the reason for cancellation is outside the person’s control, caseworker guidance says it will normally be appropriate to leave 60 days of permission. That lets the person apply for more permission or arrange to leave. Examples in the guidance are a college withdrawing a course, and a sponsor losing its licence where the person was not knowingly involved.^{[1]UK Visas and Immigration, Cancellation and curtailment of permission: caseworker guidance}

For someone on a points-based route who fails to start, or stops, work or study, caseworkers must consider cancelling to 60 days, unless they decide immediate cancellation or a different date is appropriate. Cancellation cannot be used to extend permission beyond the date it was due to expire, so 60 days can only be used if more than 60 days remains.^{[1]UK Visas and Immigration, Cancellation and curtailment of permission: caseworker guidance}

Immediate cancellation is normally considered where the person was complicit in the reason, for example in the sponsor losing its licence, or where there is evidence of fraud, a sham marriage, or a significant risk to the public.^{[1]UK Visas and Immigration, Cancellation and curtailment of permission: caseworker guidance}

If permission is cancelled because a job or course will end earlier than expected, the guidance says it must be cancelled to the new end date plus any wrap-up period originally allowed.^{[1]UK Visas and Immigration, Cancellation and curtailment of permission: caseworker guidance}

Notice and challenge

A person does not have a right of appeal or administrative review against a cancellation decision made on or after 6 April 2015. The decision letter must not say they do. After cancellation, the person either has no permission with immediate effect or is left with a period of permission.^{[1]UK Visas and Immigration, Cancellation and curtailment of permission: caseworker guidance} The exceptions are certain EU Settlement Scheme and similar cohorts, which the guidance deals with separately.^{[1]UK Visas and Immigration, Cancellation and curtailment of permission: caseworker guidance}

In some cases the person must get a chance to respond first. The guidance cites the Court of Appeal in Balajigari v Home Secretary [2019] EWCA Civ 673, which found that where the Secretary of State is considering cancelling on the basis of false representations, the person must be given an opportunity to address the allegation. The Home Office uses a “minded to cancel” process for this.^{[1]UK Visas and Immigration, Cancellation and curtailment of permission: caseworker guidance}

Example

Ravi is on a Skilled Worker visa with 2 years left. His employer’s sponsor licence is revoked. He was not involved in the reasons. The rules allow his permission to be cancelled because his sponsor no longer holds a licence. GOV.UK guidance says it will normally be appropriate to leave him 60 days of permission, so he can apply for more permission or arrange to leave.

If instead he had been complicit in the reasons the licence was lost, the guidance says immediate cancellation would normally be considered. In both cases there would be no right of appeal or administrative review against the decision.

What people get wrong

Many people assume a curtailment decision can be appealed, or that an unfair decision can be challenged by administrative review. For decisions made on or after 6 April 2015 the Home Office guidance says there is neither, so a decision letter does not give those rights.

A second mistake is to treat curtailment and cancellation as different powers. The Rules use cancellation to cover curtailment, and “curtailment” survives only in some places such as Appendix EU.^{[1]UK Visas and Immigration, Cancellation and curtailment of permission: caseworker guidance} A third is to treat the 60 days as fixed. The guidance says it is what is normally appropriate where the cause is outside your control, and caseworkers may cancel immediately or to a different date.^{[1]UK Visas and Immigration, Cancellation and curtailment of permission: caseworker guidance}

The bottom line

Curtailment of leave is the Home Office shortening your limited permission, and the Immigration Rules now call the power cancellation. The grounds are in Part Suitability, and the guidance sets 60 days as the normal period where the cause was outside your control. There is no appeal or administrative review for decisions made on or after 6 April 2015. Settlement is protected from this power and can only be revoked on the section 76 grounds.