Curtailment Letter for UK Visa or Settled Status

Overview

Under Part 9 of the Immigration Rules, a caseworker can curtail a visa on mandatory or discretionary grounds. Mandatory grounds are conditions under which they ‘must’ cancel a visa because the visa holder is complicit, for instance, if they are persistent offenders, were involved in a serious criminal offence, or their conduct in the UK is not conducive to the public good.

Discretionary grounds are conditions under which a caseworker ‘may’ curtail a visa but can exercise some discretion depending on the circumstances. For instance, cases that involve non-custodial criminal sentences or a sham marriage.

Under discretionary grounds, a caseworker will review all the evidence and may notify the visa holder to provide additional information before deciding. They will only serve a curtailment letter if the visa holder is guilty.

Here are some of the reasons the Home Office can curtail your visa.

Sponsorship or Endorsement Grounds

You can have your visa curtailed if your sponsor or endorsing body takes actions that impact your permission to stay in the UK. This situation applies mainly to Work and Study visas and can happen in several ways, including if:

• Your employer withdraws their sponsorship
• Your sponsor loses their licence
• Your sponsor transfers the business you work for to another owner who:
  • Fails to apply for a sponsor licence within 28 days of the date of a transfer
  • Applies for a sponsor licence but is refused
  • Obtained a licence in the category under which you can not be sponsored.
• You are on the Global Talent route, and the prize you qualified with has been withdrawn.
• You hold an Innovator Founder visa and:
  • Fail to undergo a contact point meeting with your endorsing body
  • Your endorsing body is removed from the list of approved endorsing bodies in the UK.

• You hold a student visa, and your educational institution ceases to sponsor you.

Work-Related Grounds

The UKVI can also curtail your work visa due to your direct actions, such as if:

• You do not start working or stop working for your sponsor.
• You delay the start date for your job, as recorded in your Certificate of Sponsorship, by more than 28 days.
• You change jobs
• You receive a lower salary rate than the minimum threshold.

A curtailment may also apply if you are absent from work without pay or on reduced pay for more than 4 weeks in a year unless you are on parental or sick leave, assisting with a humanitarian crisis as approved by your sponsor, participating in jury duty, or taking part in a legally organised industrial action.

Study-Related Grounds

If you are on a UK Student visa, you may receive a curtailment letter if:

• You failed to start your academic activities with your educational institution
• You ended your studies prematurely
• You successfully completed your academic program before the end date recorded on the Certificate of Acceptance for Studies.
• The start time for the course is delayed by over 28 days

Non-Conducive Grounds

A caseworker can cancel your visa if your continued stay in the UK is not favourable to the public good. An unfavourable behaviour can include causing a public disturbance, harassing residents, or relying illegally on public funds.

Criminality Grounds

The Home Office will send you a curtailment letter if you’ve been convicted of a crime and received a custodial sentence of 12 months or more. They will also cancel your visa if you are a persistent offender who has shown a disregard for the law or has caused serious harm through a crime.

If you commit a crime and receive a custodial sentence below 12 months or a non-custodial sentence, they may cancel your visa on discretionary grounds. Note that criminal grounds encompass infractions committed in the UK and overseas.

False Representation Grounds

If the Home Office discovers that you falsely represented information when applying for your visa, they could cancel your permission to stay in the UK. Falsely representing information could include submitting illegitimate documents or failing to declare a relevant fact that could have affected your immigration decision at the time of application.

They may ban you from making further visa applications if the false information provided was to your knowledge.

Grounds for Exclusion, Issuance of a Deportation Order, or Enforcement of a Travel Ban

The UK Secretary of State can order your departure or deportation from the UK. In such a situation, caseworkers have little discretion over the decision, and they must cancel your visa.

You can also get a curtailment letter if the Secretary of State excludes you from the refugee convention or humanitarian protection if you fail to make a protection claim in the UK or make an invalid claim.

Failure to Disclosure Required Information Grounds

Before deciding on curtailment, the UKVI might ask you for additional information. They may request that you attend an interview, provide documents, submit your biometrics, undergo a medical exam, or provide a medical report. Failure to comply without a reasonable excuse can lead to curtailment.

Sham Marriage or Civil Partnership Grounds

The UKVI can curtail your visa if you’re determined to be deliberately involved in a marriage or civil partnership where there is no genuine relationship between both parties but conducted purposefully to allow legal residence in the UK.

Involvement, according to the Immigration Rules, includes where an individual entered, attempted to enter, or is a third party who assisted another person to enter or attempt to enter a sham marriage.

Dependant Grounds

You may receive a curtailment letter if you are dependent on a main applicant whose permission to stay in the UK has been cancelled. However, if you have recently become estranged from the main applicant and applied for a visa in your own right, the UKVI will wait for the new application to be processed before making a curtailment decision.

Triggering Event

The Home Office will have a reason to review your permission to stay in the UK. The reason could be a notification from a sponsor, information they receive from routine checks, or a report from other government agencies.

Additionally, you are expected to inform the Home Office of any relevant change in your immigration situation, such as if you lose your employment. This situation could also trigger a review of your permission to stay.

Investigation

The Home Office will investigate your situation to ensure their decision to curtail your visa is based on facts. During this review process, they evaluate your situation against the immigration rules. If your case involves multiple government agencies, such as one related to criminal activity, the Home Office collaborates with the appropriate agency to verify all relevant details before deciding.

Minded to Curtail Letter (if applicable)

The Home Office may send you a ‘minded to curtail’ or a ‘minded to cancel’ letter. It is a formal notification that your permission to stay may be withdrawn. You’re expected to respond within 21 days with evidence or show up for an interview, depending on the nature of the letter, to defend your case.

The caseworker isn’t obliged to send you a ‘minded to curtail’ letter. They must only do so if;

• It is a marriage or civil partnership termination case involving EU, EEA or Swiss citizens and their family members.
• The case is being accessed based on suspicion of fraud or deception
• The caseworker decides they need additional evidence to determine the proportionality of the cancellation.

Decision and Letter of Curtailment

If the caseworker decides to curtail your visa, they will send you the letter via email or by post to your last known email or contact address. They may also send it to your legal representatives.

The Home Office will serve the letter “on file” if they can’t contact you. An “on file” service means that your curtailment is on the immigration records, and you’re still expected to leave the UK within the deadline. Therefore, updating your contact details regularly is vital so the Home Office can reach you.

Address

A curtailment letter contains the address of the Home Office branch sending you the letter. It’ll include the medium of service, such as email or post. The letter will also include the case ID and the date it was sent.

Body of the Letter

The letter’s body is where the Home Office will notify you of your visa’s cancellation. It will state the new deadline for your stay in the UK and highlight the actions you can take to extend your presence.

Most curtailment decisions allow you to switch to a new visa and make an “error correction request.” The curtailment letter will also state whether you have a right of appeal.

Curtailment Reason

The next section of the letter will outline the reason(s) the authorities curtailed your visa and reference relevant immigration rules that apply to your case.

Error Correction Request

An error correction request is a written petition you make to the Home Office to notify them that there is a mistake with the curtailment decision. You can request to rectify mistakes with the sponsor’s notification, your documents, or an application of the Immigration Rules.

The Home Office expects you to submit your request 14 days after receiving the curtailment decision. However, this timing can vary depending on the circumstance. You, your sponsor, or your legal representative can make an error correction request. It should be accompanied by adequate evidence to prove the curtailment was in error, or the Home Office will reject your claim.

When writing an error correction request, you must include your;

• Name
• Date of birth
• Nationality
• Relevant Home Office reference numbers

Sending an error correction request doesn’t give you more time on your visa. If you have yet to receive positive feedback by the deadline of the curtailment, you must leave the UK. However, you may be able to ask for more time while your application is in review if there are exceptional or compassionate circumstances, such as a serious medical condition that wouldn’t allow you to travel.

If your request is successful, the Home Office will send you a new letter nullifying the existing one, and your permission to stay will be reinstated. However, if your error correction request is rejected, you must leave the UK and cannot resubmit a new request.

Appeal

The curtailment letter will state if you have the right to appeal. However, you can only appeal if you are a visa holder under the EU Settlement Scheme, a Healthcare Provider from Switzerland, or an S2 Healthcare Visitor.

If you have the right to appeal, it is advisable to consult an immigration adviser. Although you can file an appeal independently, the process can be complex and seeking professional assistance ensures a stronger case and better chances of success. Call 0204 502 8582 to speak with a lawyer.

Switch to A New Visa

You can spend the time left on your curtailed visa to switch to a new visa, provided you meet the requirements. For instance, if your Work visa was curtailed, you may be able to switch to a Family visa, such as a Spouse visa if you have a British spouse or a parent visa if you have a British minor child.

Also, you may reapply for the current route you’re on, depending on your circumstances. For instance, if you have a curtailed Skilled Worker visa, you may reapply for the same visa if you get a suitable job offer that meets the requirements.

Similarly, if your Student visa was curtailed because your educational institution stopped offering your course, you may reapply for the visa if you receive a placement of study with another institution.

To switch or reapply for your current visa, take the following steps:

1. Prepare the supporting documents appropriate for your new visa type, including passports and proof that you meet the visa criteria. You must also provide your visa application history, including evidence of your curtailment.
2. Visit the Home Office website to begin your application.
3. Complete the online application form for in-country applications
4. Pay the required application fee for your visa type using a credit or debit card.
5. Upload your supporting documents or scan them at a UKVCAS service point.
6. Book and attend an appointment to submit your biometrics.
7. Await a decision.

The processing time will depend on your visa type, usually between 3 and 8 weeks. If you apply early, you can get a decision before the Home Office’s curtailment deadline.