Visa curtailment means the UK visa is being cancelled early. It specifically refers to the decision to shorten or cancel a migrant’s permission to either enter or stay in the UK, also referred to as leave to enter or leave to remain.
On 1 December 2020, the term ‘curtailment’ was replaced with the term ‘cancellation’ under Part 9 of the Immigration Rules (grounds for refusal), where cancellation can take effect immediately, such that the migrant will have no leave remaining, or at a specified future date, such that the migrant will have a limited period of leave remaining.
Reasons for curtailing a visa
Visa cancellation or curtailment can occur for many reasons, including:
In some cases, more than one ground for curtailment can apply; for example, the presence of a convicted foreign criminal in the UK may not be conducive to the public good.
What criteria does UKVI decide on whether to curtail a visa?
A UKVI caseworker has the authority to decide to cancel or limit the right to enter or remain in the UK. This decision can be based on either mandatory or discretionary grounds, depending on the specific circumstances in which it is being considered.
If you have been found guilty of a criminal offence and have been sentenced to serve 12 months or more in prison, your permission to enter or remain in the UK will be cancelled.
In contrast, if you have committed an offence for which you received a custodial sentence of less than 12 months or a non-custodial sentence or out-of-court disposal, the caseworker has the option to make a cancellation decision. However, their decision may vary based on the specific circumstances, since they have some flexibility in exercising their decision.
If the reasons for cancellation are discretionary, the caseworker should not automatically cancel your permit to remain in the UK if there are factors indicating that it may not be suitable to do so. Careful consideration must be given to all the available information before reaching a final decision.
A cancellation decision can be made based on the available information, as long as it is adequate to inform the decision of the caseworker. Nevertheless, in some cases, the caseworker may initially require further information from you. It is imperative that you completely comply with UKVI by attending any interview or providing further information. Failure to do so can lead to the curtailment of your permission to stay.
A letter from the Home Office curtailing a visa
You will receive a letter of curtailment from UKVI if they have decided to curtail your visa. The curtailment letter will explain the decision to cancel or shorten your permission and whether this takes immediate effect or the date on which you must depart the UK. It should also set out whether the decision was made on a mandatory or discretionary basis, including reasons for the decision and any right of appeal, although appeal rights are extremely limited. A person who receives a letter of curtailment usually has 60 days to leave the United Kingdom. Still, UKVI retains the option to grant an extension, for example, in the event of a death in the family.
If UKVI is considering cancelling your visa, you may receive a ‘minded to curtail’ notification letter. A 'minded to curtail’ letter provides reasons why curtailment is being considered by UKVI and provides time for the receiver to explain why their leave should not be curtailed.
Depending on the circumstances, UKVI could have to immediately cancel your visa, or they may be able to exercise their discretion in deciding whether this is the right course of action. When UKVI has discretion (that is, when limiting leave is not required), they must consider all relevant factors and circumstances before making a decision.
A visa curtailment letter is typically delivered via email and postal mail to ensure it is received. If you have not received a letter of curtailment from UKVI, it is crucial to seek advice from an immigration expert.
The amount of leave you have left will be applied as of the letter date if your visa is curtailed. Your letter of curtailment will provide the actual expiry date of your visa.
Where a person does not leave the UK or take appropriate action by the deadline provided in their curtailment letter, they may be classed as an overstayer. Overstaying may then lead to a future re-entry ban to the UK or refusal of a future visa application.
The next step after receiving a curtailment letter
Upon receiving a curtailment letter, you should immediately seek expert advice from an immigration specialist to explore the possibility of making a further application for leave, either under the same or a different category.
If you have been given a period of notice to leave the UK, you may be able to apply to switch to a new visa in the UK, as long as you meet the relevant visa requirements. For example:
If you have received a spouse visa curtailment letter, you may be able to apply as a parent of a child born in the UK for ILR in your own right, for settlement under domestic violence, or on the basis of your private life in the UK.
If you have received a curtailment letter for Skilled Worker visa, you may have the option to reapply for a Skilled Worker visa with another employer that has a sponsor licence.
If the reasons for the decision were outside your control, for example, where your student sponsor has decided not to run a course and you were not knowingly involved in any actions that led to this, you may be eligible to apply for another student visa.
In most cases, a person who receives a letter of curtailment will not have a right of appeal. Your curtailment letter will explain if you have a right of appeal and, if so, how to appeal. It is only in very limited cases that you will have a right of appeal, although you may be able to make a written ‘error correction request’ where you believe an error was made by the caseworker in their decision-making.
It might be possible to submit an error correction request to UKVI if they made a mistake when curtailing your visa. This could include where a sponsor notification was incorrect, where evidence has not been taken into account or incorrectly interpreted, or where rules or policies have arguably not been applied or incorrectly applied. This must be sent within 14 calendar days.
Even if you do not have grounds to remain in the UK, you may be able to ask for more time if there are exceptional or compassionate circumstances, such as a serious medical condition.
ARIS International Lawyers are specialists in UK immigration. For expert advice and assistance in relation to a curtailment of leave, please contact us on 020 3865 6219 or leave a message.