Dealing with curtailment and cancellation
Produced in partnership with Deborah Revill of The 36 Group

The following Immigration practice note produced in partnership with Deborah Revill of The 36 Group 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...

Dealing with curtailment and cancellation

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.

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 period of permission is shortened, usually to a period of 60 days.

Prior to 1 December 2020, para 323 of the Immigration Rules, Part 9 listed the grounds on which permission in all immigration routes except Visitors might be cancelled. Part 9 was replaced in its entirety at 9 am on 1 December 2020 via Statement of Changes in Immigration Rules HC 813. The new version applies, to varying degrees, to all routes except those made under the EU Settlement Scheme, as a service provider from Switzerland, or as an S2 Healthcare Visitor. Some, but not all, of its provisions apply to applications under Appendices FM, Armed Forces, and ECAA

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