If you have been notified by UKVI that your visa has been or will be cancelled (or 'curtailed'), you should seek legal advice as soon as possible to understand the options available to you. Failure to comply with the terms set out in your cancellation letter may come with greater consequences which can impact future applications and perhaps even your ability to return to or eventually settle in the UK.
What does cancellation/curtailment mean?
These term 'cancellation' was introduced in 2020 to provide a more straightforward and unambiguous replacement of 'curtailment'. Both terms effectively mean the same thing in the context of the Immigration Rules; the individual's visa is or will no longer be valid.
My permission to enter the UK has been cancelled
If your permission (or 'leave') to enter the UK has been cancelled, you will no longer be permitted to travel to the UK using the visa or other form of permission you were previously granted.
My permission to stay in the UK has been cancelled
If your permission to stay (or 'leave to remain') in the UK has been cancelled, you will no longer be permitted to remain in the UK under the terms of your previous visa. Unless your permission has been cancelled with immediate effect, you will have still have a short period of time (usually 60 days) permitting you to stay in the UK before your permission is officially cancelled.
Why has my permission been cancelled?
Your visa/permission to enter/permission to stay may be cancelled for a variety of reasons. The reasons applicable to your individual case should be outlined in the cancellation letter by UKVI. The general grounds for cancellation are found in Part 9 of the Immigration Rules. The most common reasons for cancellation are outlined below.
Making of false representations, submission of false documents or false information and failure to disclose relevant facts in relation to, or in support of an application
Failure to comply with conditions of permission to enter or stay (includes permission extended under section 3C of the Immigration Act 1971)
The individual’s presence in the UK is not conducive to the public good because of their conduct, character, associations or other reasons
Use of deception in an application for permission to stay (applies only to permission under section 3C of the Immigration Act 1971)
The individual ceases to meet the requirements of the rules under which entry clearance or permission was granted
The individual does not start working for their sponsor, or they or their sponsor confirm that their employment, volunteering, training or job shadowing has ceased or will cease before the end date
The Student or Child Student does not start their studies with their sponsor, or their course of study has ceased, or will cease before the end date recorded, or the start date for the course is delayed for more than 28 days, or they cease to study with their sponsor
The individual’s sponsorship or endorsement has been withdrawn (Student and Child Student)
The individual’s sponsor does not have a sponsor licence, or their sponsor transfer the business for which the individual works, or at which they study, to another business or institution who fail to carry out one or more of the listed actions
The individual has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more
The individual: (a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months; or (b) has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or an out-of-court disposal that is recorded on their criminal record
It is more likely than not the individual is, or has been, involved in a sham marriage or sham civil partnership
What can I do if my permission is cancelled?
The options available to you will depend on the reason(s) for cancellation of your permission, which will be based on either mandatory or discretionary powers. In some situations, you may be able to make a different application for permission to stay in the UK (also known as 'switching' to a different visa). In other circumstances, you will have to leave the UK before re-applying for entry clearance.
What happens if I stay in the UK after my permission is cancelled?
Staying in the UK after your permission is cancelled will have serious consequences. These may include you being detained, prosecuted, imprisoned, banned from re-entry, and the seizure of your assets. You will also be unable to legally work, rent a property, and you may no longer be entitled to claim public funds.
If your permission to enter or stay in the UK has been cancelled, contact us today for legal advice enabling you to make an informed decision about the next steps.