Dealing with curtailment and cancellation
Produced in partnership with Deborah Revill of Lamb Building
Dealing with curtailment and cancellation

The following Immigration practice note Produced in partnership with Deborah Revill of Lamb Building provides comprehensive and up to date legal information covering:

  • Dealing with curtailment and cancellation
  • Curtailment
  • Service of notice of curtailment
  • Status after curtailment
  • Risks relating to travel after curtailment
  • Challenging curtailment decisions
  • Cancellation
  • Service of notice of cancellation
  • Status after cancellation
  • Challenging cancellation decisions
  • More...

This Practice Note looks at the legal and practical consequences of the curtailment and cancellation of leave to enter and remain. It also outlines the ways in which curtailment and cancellation can be challenged.

Curtailment

Curtailment is the method by which the Secretary of State for the Home Department (SSHD) shortens the existing leave of persons already in the UK. Leave is either curtailed with immediate effect or the remaining period of leave is shortened, usually to a period of 60 days.

The Immigration Rules, Part 9, para 323 lists grounds on which leave may be curtailed in all immigration categories aside from visitors. Additional grounds for curtailment for Points Based System (PBS) migrants are found in paras 323A (Tiers 2, 5 and 4), 323B (Tier 1 (Exceptional Talent)) and 323C (Tier 1 (Graduate Entrepreneur)). See Practice Note: Visitors: cancellation and curtailment of leave—Curtailment of leave as a visitor for details of the curtailment provisions for visitors, which mirror those contained in Part 9, para 323.

Commonly encountered examples of circumstances in which leave may be curtailed include:

  1. where deception was used in a past application for leave to enter or remain

  2. where there is a change of circumstances, so the person ceases to meet the requirements of the Immigration Rules under which leave was granted

  3. where a PBS migrant leaves, or fails to start, the course or

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