Curtailment, or cancellation, refers to when a person’s right to enter or stay in the UK is shortened or revoked by the home office. Receiving a curtailment notice can be an extremely stressful time, especially for those who wish to remain in the UK until their visa expires or for those who were hoping to extend their visa.
Here, we look at the reasons why a UK visa could be reduced or revoked, when it will take effect and what options are available.Â
Why would my visa be cancelled?
In order to cancel a visa, the home office must give a valid reason that falls within the discretionary or mandatory grounds outlined in Immigration Rules.Â
Normally, a visa will be cancelled due to a breach in conditions or a change in circumstance which means you are no longer eligible. For example, if your visa category is no longer suitable for the purpose of your trip or you undergo a change in circumstances that means you no longer meet the Home Office criteria, e.g. graduate from higher education or lose a job, your visa may be revoked.
Likewise, if an error has been made in the application process, within the translating documents, or you are found to have misled a caseworker, your visa could end up being cancelled whilst also having a direct impact on any future applications.
As a result, it is important to take the time to fill out all visa applications carefully and be honest as per the reasons for your trip and the length of time you will be in the UK to prevent misinterpretation and problems further down the line.
How will I know if my visa has been cancelled?
If your visa has been cancelled, you will receive a letter from the Home Office that will detail the reasons why. This letter can be sent via email, posted to your home address or sent directly to your legal representative therefore it’s important to keep your personal details up to date.
When will the cancellation take effect?
Your cancellation date will be detailed in the letter notifying you of the cancellation. Normally, you will have 60 days’ notice from the date the decision was made, however, if your sponsor’s licence was revoked and you had a part to play in that, it is possible your visa will be cancelled with immediate effect.
What are my options if my visa is cancelled?
Whilst we understand that being issued with a visa curtailment or cancellation may be stressful, it’s important to use your 60-day notice period wisely, particularly if you wish to stay in the UK.
During this time, you should make arrangements to leave the country within the specified time period, challenge the decision by making an error correction request, or apply for permission to stay if you fall into one of the below categories:
- Skilled workers; if you can secure sponsored work for a company with a sponsor licence
- Global talent; if you are or have the potential to be a world leader in your field of work with the necessary endorsements
- Student; if you are studying in an institution that can issue a valid CAS (Confirmation of Acceptance for Studies)
- Innovator; if you have previously set up a UK business or have endorsement and investment funds
- Partner; if you are in a legal partnership or have cohabited for two years with someone who is British or has settled in the UK
So long as a valid application is made before the end of your current permission, you will be able to stay in the UK while it is being processed. You may wish to leave before your notice period comes to an end, but if you do, the cancellation will take effect immediately upon leaving the country and you won’t be able to return.
Getting help from Curtis Whiteford Crocker
The best thing to do upon receiving a cancellation notice is to seek legal advice so you can take the appropriate steps to deal with the decision and ensure you aren’t in breach of the conditions.
At Curtis Whiteford Crocker, we provide help to people in Devon on all aspects of immigration law, from visa applications to citizenship and residence permits. Our friendly team is here to help you during this difficult time and can advise you on your options.
Get in touch with one of our offices in Plymouth, Torpoint, Tavistock, Plymstock or Kingsbridge and let us help you look ahead.