Dealing with curtailment and cancellation

Produced in partnership with Deborah Revill of One Pump Court Chambers
Practice notes

Dealing with curtailment and cancellation

Produced in partnership with Deborah Revill of One Pump Court Chambers

Practice notes

This Practice Note looks at the legal and practical consequences of the Curtailment and cancellation of permission to enter and stay. It also outlines the ways in which curtailment and cancellation can be challenged. Note that advisers should be aware of the various ways that curtailment and cancellation may be open to challenge (eg on procedural fairness grounds) so as to inform their advice in any circumstances where it becomes apparent that such a decision might be taken. See: Dealing with curtailment and cancellation—The scope of judicial review challenges to curtailment and cancellation.

In this Practice Note, the terms ‘Leave to enter/remain’ and ‘permission to enter/stay’ are used interchangeably. The word ‘permission’ replaces ‘leave’ in the Immigration Rules for simplified routes, but the former term is still used in other categories of stay and the relevant legislation.

Curtailment

Curtailment is the method by which the Secretary of State for the Home Department (SSHD) shortens the existing permission of persons already in the UK. Permission is either curtailed with immediate effect or the remaining

Deborah Revill
Deborah Revill

Deborah specialises in immigration law. Prior to coming to the Bar, she worked for the Immigration Advisory Service, formerly the UK's largest provider of legal advice on immigration and asylum, and was accredited by the Office of the Immigration Services Commissioner. She then spent a year as the employee of two direct access immigration barristers. She therefore has experience of preparing applications, running case files and dealing with lay clients; this informs her practice at the Bar in that she understands Home Office procedure and the realities faced by her professional clients.

Deborah completed pupillage in a predominantly criminal set and, on accepting tenancy there, chose to specialise in immigration law, going on to establish a successful practice in the field almost from scratch.

Deborah is committed to obtaining the best results for her clients and has enjoyed success in a number of challenging cases based on her thorough approach and in-depth legal knowledge. She regularly appears in both appeals and judicial review proceedings and is public access qualified.

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Jurisdiction(s):
United Kingdom
Key definition:
Curtailment definition
What does Curtailment mean?

The process of shortening 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. A notice of curtailment must be served in writing.

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