Page 1 of 101 Published for Home Office staff on 15 August 2024
Cancellation and curtailment of
permission
Version 6.0
Page 2 of 101 Published for Home Office staff on 15 August 2024
Contents
Contents ..................................................................................................................... 2
About this guidance .................................................................................................... 7
Contacts ................................................................................................................. 7
Publication .............................................................................................................. 7
Changes from last version of this guidance ............................................................ 8
Cancellation: definitions, legal basis and powers ....................................................... 9
Immigration Rules: definitions ................................................................................. 9
Cancellation: legislative sources ........................................................................... 10
Cancellation: appeal and administrative review rights .......................................... 10
Curtailment decisions before 6 April 2015 ......................................................... 11
Immigration Rules: changes to Part 9 cancellation grounds ..................................... 12
Additional cancellation grounds introduced on 1 December 2020 ........................ 17
Part 9 mandatory and discretionary cancellation grounds ........................................ 19
Application of Part 9: mandatory and discretionary cancellation ........................... 19
Entry clearance and permission: mandatory cancellation ................................. 19
Entry clearance and permission: discretionary cancellation .............................. 19
Immigration Rules: Part 9 Grounds for Cancellation ................................................ 22
Part 9 of the Immigration Rules ............................................................................ 22
Section 1: Application of Part 9 ............................................................................. 22
Section 2: Grounds for cancellation of entry clearance and permission ............... 22
Exclusion, deportation order or travel ban grounds ........................................... 22
Non-conducive grounds .................................................................................... 23
Criminality grounds ........................................................................................... 23
Exclusion from asylum or humanitarian protection grounds .............................. 24
Involvement in a sham marriage or sham civil partnership grounds.................. 24
False representations grounds .......................................................................... 25
Previous breach of immigration laws grounds ................................................... 25
Failure to provide required information grounds ................................................ 26
Innovator fit and proper person requirement ..................................................... 27
Section 5: Additional grounds for cancellation of entry clearance and permission 27
Ceasing to meet requirements of the rules ....................................................... 28
Dependant grounds ........................................................................................... 28
Withdrawal of sponsorship or endorsement grounds ........................................ 28
Student does not start course or ceases to study ............................................. 29
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Worker does not start work or ceases their employment .................................. 29
Sponsor loses licence or transfers business ..................................................... 30
Change of employer .......................................................................................... 30
Absence from employment ............................................................................... 31
Change of job or lower salary rate .................................................................... 32
Endorsing body no longer approved ................................................................. 33
Exception for Scale-up Workers ........................................................................ 33
Part 9 cancellation grounds: appendices and application ......................................... 35
Part 9 cancellation grounds: application to various Appendices ........................... 35
Appendices where Part 9 cancellation grounds do not apply ............................... 37
Appendices to which Part 9 cancellation grounds apply ....................................... 37
Cancellation and curtailment grounds: appendices and annexes ............................ 39
Appendix EU and Appendix EU (Family Permit): in-country curtailment ............... 39
Right of appeal .................................................................................................. 40
Administrative review ........................................................................................ 40
Curtailment grounds applying to EUSS limited leave to enter or remain or EUSS
family permit leave to enter ............................................................................... 40
Consideration of curtailment of EUSS limited leave or EUSS family permit leave
to enter .............................................................................................................. 42
What to consider before referral to the Status Review Unit ........................... 42
EUSS limited leave and EUSS family permit leave to enter curtailment process
for the SRU ....................................................................................................... 44
Minded to curtail notification letter: EUSS limited leave and EUSS family
permit leave to enter cases............................................................................ 44
What to consider in making an in-country curtailment decision ......................... 45
Service of notices: EUSS limited leave and EUSS family permit leave to enter
curtailment (non-certified) ................................................................................. 46
Post Decision Actions ....................................................................................... 47
Casework system actions .............................................................................. 47
Case types: EUSS curtailment ...................................................................... 47
Case outcomes: EUSS curtailment ............................................................... 47
Reinstatement of EUSS limited leave or EUSS family permit leave to enter . 47
Liability to removal ............................................................................................ 48
Appendix S2 Healthcare Visitor ............................................................................ 48
Appeal and administrative review...................................................................... 49
Appendix Service Providers from Switzerland ...................................................... 49
Appeal and administrative review...................................................................... 50
Appendix Electronic Travel Authorisation ............................................................. 51
Page 4 of 101 Published for Home Office staff on 15 August 2024
Cancellation on exclusion or deportation order grounds ................................... 51
Cancellation on criminality grounds ................................................................... 51
Cancellation on non-conducive grounds ........................................................... 51
Cancellation on breach of immigration laws grounds ........................................ 51
Cancellation on false representations, etc. grounds.......................................... 52
Cancellation due to debt to the NHS ................................................................. 52
Cancellation due to unpaid litigation costs ........................................................ 52
Cancellation of an ETA where validity requirements are not met ...................... 52
Appeal and administrative review .................................................................. 52
Cancellation decisions: case considerations and use of discretion .......................... 53
Requesting further information before cancelling ................................................. 53
When to consider asking for further information ................................................ 53
Conducting interviews in advance of cancellation action .................................. 54
The interview process in cancellation for deception cases or breach of
conditions cases ............................................................................................ 54
Operational constraint issues ..................................................................... 55
Referral to the Status Review Unit ............................................................. 55
Use of discretion when considering cancellation .................................................. 55
Exceptional or compassionate circumstances .................................................. 56
Pregnancy, serious illness or serious medical conditions ................................. 56
Pregnancy and post pregnancy......................................................................... 58
Curtailment of discretionary leave and leave outside the rules ............................. 58
Deciding the date of expiry for cancelled permission ............................................ 59
Circumstances for which you must consult a Senior Caseworker ..................... 59
Cancellation of permission with immediate effect .............................................. 59
Cancellation with immediate effect on discretionary grounds ............................ 60
Discretionary cancellation: reasons outside an individual’s control ................... 61
Cancellation: individual has a period of permission remaining .......................... 61
Cancellation: points-based system: 60 days permission remaining .................. 62
Cancelling permission: student or child student ............................................. 62
Cancellation: individual has over 60 days permission remaining ...................... 62
Calculating the new date of expiry for permission cancelled to 60 days (or other
period) ............................................................................................................... 63
Cancellation decision notices: information to include............................................ 63
Authority to cancel permission using a NOL ......................................................... 63
Cancellation procedures: casework system actions ................................................. 65
Cancellation procedures in specific case types ........................................................ 67
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Criminality grounds: referrals to Foreign National Offender Returns Command
(FNO RC) ............................................................................................................. 67
Cancellation or curtailment in sham marriage or marriage of convenience cases 67
Immigration Compliance and Enforcement (ICE) team referral process ........... 69
Making the decision .......................................................................................... 70
Ceasing to meet rules requirements: relationship breakdown .............................. 70
Breakdown of a relationship on the British National (Overseas) (BN(O)) route . 70
Relationship breakdown: examples ................................................................... 71
When spouse or partner informs the Home Office of a breakdown ............... 71
When the individual informs the Home Office of a breakdown ...................... 71
When there is evidence in an application that a marriage or partnership has
broken down .................................................................................................. 71
Notification of relationship breakdown: casework actions ................................. 72
Acknowledgement of a referral from UK settled sponsor ............................... 72
UK settled person does not give permission to use information .................... 72
Referring breakdown of relationship cases for cancellation .............................. 72
Referring externally (outside the Home Office) .............................................. 73
Individual has discretionary leave based on the relationship ............................ 73
Breakdown of relationship: initial casework system actions .............................. 73
Breakdown of relationship: cancellation considerations .................................... 74
Decision to cancel due to a breakdown of a relationship ............................... 74
Informing an individual of the decision not to cancel ..................................... 75
Requests from a spouse or partner for case updates and information .......... 76
Domestic violence and forced marriage cases: relationship breakdown ........... 76
Allegations of domestic violence .................................................................... 76
Cancellation in points-based system (PBS) cases................................................ 79
Premature end of employment or study: consider cancellation ......................... 79
Individual granted permission in another category ........................................ 79
Individual has an outstanding immigration application ................................... 79
Individual not granted in another category: less than 60 days permission left80
Premature end of employment or study: cancellation process .......................... 80
Cancelling the permission of dependants ............................................................. 81
Cancelling the permission of a deceased individual’s dependants ................... 82
Deciding the new permission expiry date .......................................................... 84
Permission granted as a dependant of a UK national ....................................... 84
Service of a cancellation decision ............................................................................ 85
Service of a decision to cancel ............................................................................. 85
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Non-appealable decisions ................................................................................. 85
Appealable decisions ........................................................................................ 86
Service of cancellation notices to applicants aged under 18 ............................. 86
Service of cancellation decisions to a UK address ............................................ 86
Service of non-appealable cancellation decisions to an email address ............. 88
Failure to serve the decision to a postal or email address ................................ 89
Service of a cancellation decision to the file ...................................................... 90
Passports, identity cards and valuable documents ............................................... 91
Cancellation decisions: case specific letter template wording .................................. 93
Cancellation wording: grounds in Part 9 of the Immigration Rules ....................... 93
Cancellation wording: breakdown of a relationship ............................................... 93
Curtailment wording: discretionary leave or leave outside the rules ..................... 94
Cancellation wording: serving a decision on file ................................................... 94
Actions following cancellation ................................................................................... 97
Cancellation error correction ................................................................................. 97
Process for making an error correction request ................................................ 97
Correspondence which is not an error correction request ................................. 98
Individual’s status after sending an error correction request ............................. 98
Considering the request .................................................................................... 98
Requests from the individual’s sponsor ............................................................. 98
Requests from an individual or their legal representative .................................. 99
Change of representative .............................................................................. 99
The decision was correct ................................................................................ 100
The decision was incorrect .............................................................................. 100
Page 7 of 101 Published for Home Office staff on 15 August 2024
About this guidance
This guidance tells caseworkers whether to cancel an individual’s permission to
enter or stay in the UK, or curtail leave where this applies, and when to consider
using discretion. It is based on the Immigration Rules.
The guidance contains information about in-country cancellation decisions for:
• Part 9 of the Immigration Rules
• appendices to the Immigration Rules (where there are cancellation or
curtailment grounds)
• sham marriage cases
• marriage breakdown cases (ceasing to meet requirements of the rules)
• dependants
• points-based system cases
The guidance also contains information about in-country curtailment decisions for:
• EU Settlement Scheme and EU Settlement Scheme (Family Permit) cases
This guidance does not cover:
• Revocation of Indefinite Leave
• Revocation of Humanitarian Protection
• Revocation of Refugee Status
This guidance does not apply to:
• Border cases (where the person is at the UK border seeking leave to enter at
the time of the cancellation decision)
Contacts
If you have any questions about the guidance and your line manager or senior
caseworker cannot help you or you think that the guidance has factual errors, then
email Enforcement Policy.
If you notice any formatting errors in this guidance (broken links, spelling mistakes
and so on) or have any comments about the layout or navigability of the guidance
then you can email the Guidance Rules and Forms team.
Publication
Below is information on when this version of the guidance was published:
• version 6.0
• published for Home Office staff on 15 August 2024
Page 8 of 101 Published for Home Office staff on 15 August 2024
Changes from last version of this guidance
• updates to ‘Immigration Rules: Part 9 Grounds for Cancellation’, ‘Part 9
cancellation ground: appendices and application’, ‘Cancellation and curtailment
grounds: appendices and annexes’ to reflect various Immigration Rules
changes, including additional cancellation grounds under Appendix Electronic
Travel Authorisation
• insertion of section on ‘conducting interviews in advance of cancellation action’
• clarification as to when it may be appropriate to cancel with immediate effect on
a discretionary cancellation ground
• minor amendments to casework system information section to reflect current
processes, and removal of casework information section
• minor amendments to ‘notification of relationship breakdown: casework actions’
section to reflect current processes, including the introduction of an online form
for relationship breakdown referrals
• minor addition in respect of exercising caution when serving decisions to postal
and email addresses
Related content
Contents
Page 9 of 101 Published for Home Office staff on 15 August 2024
Cancellation: definitions, legal basis
and powers
This page tells caseworkers about the legislation that allows them to cancel an
individual’s permission to enter or stay in the UK, also referred to as limited leave to
enter or remain, or in the case of leave granted under Appendix EU, ‘pre-settled
status’. Appeal and administrative review rights are also outlined.
Immigration Rules: definitions
The terms ‘cancellation’, ‘permission to enter’ and ‘permission to stay’ were
introduced on 1 December 2020 in the changes to the Immigration Rules which took
effect on 1 December 2020. See paragraph 6.2 of the Immigration Rules to access a
list of definitions.
The term ‘permission’ has been used in this guidance and refers to ‘permission to
enter’ and ‘permission to stay’ in the UK’. The guidance also refers to ‘leave’ or
‘limited leave to enter or remain’ where this is relevant to the referenced legislation.
‘Permission to enter’ has the same meaning as leave to enter under the Immigration
Act 1971.
‘Permission to stay’ has the same meaning as leave to remain under the Immigration
Act 1971 (and includes a variation of leave to enter or remain and an extension of
leave to enter or remain).
The term ‘cancellation’ was introduced on 1 December 2020 and is now widely used
in Part 9 of the Immigration Rules and replaces the term ‘curtailment’, although
‘curtailment’ is still used in some sections of the Immigration Rules, such as
‘Appendix EU’. Paragraph 6.2 of the Immigration Rules provides the following
definitions for ‘cancellation’ and ‘curtailment’:
‘Cancellation’ as referenced in Part 9 of the Immigration Rules, Appendix S2
Healthcare Visitor and Appendix Service Providers from Switzerland means
cancellation, variation in duration, or curtailment, of entry clearance or permission,
which can take effect immediately or at a specified future date and whether the
person is in the UK or overseas. Use of the word ‘cancellation’ does not change the
statutory powers, and in particular does not imply any power to curtail indefinite
permission in country; the only power to cancel such leave in country is the power to
revoke contained in section 76 of the Nationality, Immigration and Asylum Act 2002.
See: Cancellation: legislative sources.
‘Curtailment’ is referenced in relation to EU Settlement Scheme (EUSS) cases and,
in relation to the curtailment of a person’s leave to enter or leave to remain, means
cancelling or curtailing their leave, such that they will have a shorter period of leave
remaining or no leave remaining.
Page 10 of 101 Published for Home Office staff on 15 August 2024
Cancellation: legislative sources
Section 3(3)(a) of the Immigration Act 1971 gives the power to cancel an individual’s
limited leave to enter or remain, whether the leave was granted under the rules or
outside them. This is because section 3(3)(a) gives the power to vary leave and
cancelling leave is a variation of leave.
The Immigration (Leave to Enter and Remain) Order 2000 gives the power to cancel
non-lapsing indefinite or limited leave, or cancel limited leave, when an individual is
outside the UK. The relevant provisions in the order are article 13(6) and (7).
Article 8ZA of the order sets out how you may serve a notice which does not attract a
right of appeal, including where you may serve a notice to file.
Section 76 of the Nationality, Immigration and Asylum Act 2002 gives the power to
revoke indefinite leave to enter or remain when an individual either:
• is liable to deportation but they cannot be deported for legal reasons
• obtained leave by deception
• ceases to be a refugee because of their own actions
Section 10 of the Immigration and Asylum Act 1999 (as amended by the Immigration
Act 2014) states that an individual, as well as any family members who meet certain
conditions set out in section 10, is liable to be removed from the UK if the person
requires leave to enter or remain in the UK but does not have it.
Regulation 16 of the Immigration (Biometric Registration) Regulations 2008 sets out
when the Secretary of State may require an individual (who is covered by the
regulations) to surrender their biometric residence permit (BRP), including when an
individual’s leave to remain is to be varied or cancelled. Regulation 23 sets out the
steps the Secretary of State may take if an individual fails to comply with a
requirement of the regulations, including cancelling or varying an individual’s leave to
enter or remain.
Section 4 of the Immigration Act 1971 requires that the power to vary leave under
s3(3)(a) of that act must be exercised by notice in writing given to the person
affected.
Cancellation: appeal and administrative review rights
An individual does not have a right of appeal or administrative review in respect of a
cancellation decision made on or after 6 April 2015.
For cancellation decisions made on or after 6 April 2015, either:
• their permission to enter or stay in the UK expires with immediate effect
• they are left with a period of permission to enter or stay in the UK following
cancellation
Page 11 of 101 Published for Home Office staff on 15 August 2024
You must make sure that the cancellation decision letter does not state that the
individual has a right of appeal or administrative review.
This section does not apply where an individual comes under the EU Settlement
Scheme, EU Settlement Scheme Family Permit or is an S2 Healthcare Visitor or
Service Provider from Switzerland. For information on rights of appeal and
administrative review for these cohorts, see the relevant section in this guidance:
Cancellation and curtailment grounds: appendices and annexes.
Curtailment decisions before 6 April 2015
In the context of decisions made before 6 April 2015, the terms ‘curtailment’ and
‘curtailing leave to remain’ are used. The terms ‘cancellation’ and ‘permission to stay’
took effect from 1 December 2020.
An individual may have had a right of appeal against a decision to curtail their leave
with immediate effect, if the decision to curtail leave was made before 6 April 2015.
You must check the appeals section of the version of the curtailment guidance that
applied on the date the leave was curtailed. In particular, you need to check:
• whether an individual had a right of appeal
• how to implement an allowed curtailment appeal
The previous versions of the guidance are in Cancellation – archive.
Related content
Contents
Related external links
Immigration (Leave to Enter and Remain) (Amendment) Order 2013
Immigration Rules
Page 12 of 101 Published for Home Office staff on 15 August 2024
Immigration Rules: changes to Part 9
cancellation grounds
This page outlines the curtailment grounds prior to 1 December 2020 and the
corresponding, or new cancellation grounds in the Immigration Rules which came
into force on 1 December 2020. There is not a direct equivalent for each cancellation
ground.
Cancellation grounds under Part 9 of the Immigration Rules do not apply in EU
Settlement Scheme, S2 Healthcare Visitor or Service Providers from Switzerland
cases. The grounds for curtailment, or cancellation, for these cohorts, are contained
within the relevant appendices to the Rules. Part 9 of the Immigration Rules also
does not apply, or applies only partially, to other types of case, see: paragraph 9.1.1
of the Immigration Rules. See also: Appendices where Part 9 cancellation grounds
do not apply and Cancellation and Curtailment grounds: appendices and annexes in
this guidance.
Page contents:
Additional grounds for cancellation from 1 December 2020
Curtailment grounds
prior to 1 December
2020
Curtailment
paragraph
Cancellation grounds
after 1 December 2020
Cancellation
paragraph
Making of false
representations or
failure to disclose
material facts in relation
to, or in support of an
application for leave to
enter or a previous
variation of leave
322(2)
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
9.7.3
Making of false
representations or
failure to disclose any
material fact for the
purpose of obtaining a
document from
Secretary of State that
indicates an individual
has a right to reside in
the UK
322(2A)
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
9.7.3
Failure to comply with
conditions attached to a
current or previous grant
of leave to enter or
remain
322(3)
Failure to comply with
conditions of permission
to enter or stay (includes
permission extended
under section 3C of the
Immigration Act 1971)
9.8.8
Page 13 of 101 Published for Home Office staff on 15 August 2024
Curtailment grounds
prior to 1 December
2020
Curtailment
paragraph
Cancellation grounds
after 1 December 2020
Cancellation
paragraph
Failure by the individual
to maintain or
accommodate himself
and any dependants
without recourse to
public funds
322(4)
No direct equivalent but
the following may apply:
Failure to comply with
conditions of permission
to enter or stay (includes
permission extended
under section 3C of the
Immigration Act 1971)
9.8.8 (not a
direct
equivalent
but may
apply)
Undesirable to permit an
individual to remain in
the UK in light of their
conduct, character, or
associations, or the fact
they represent a threat
to national security
322(5)
The individual’s
presence in the UK is not
conducive to the public
good because of their
conduct, character,
associations or other
reasons
9.3.2
Undesirable to permit an
individual to enter or
remain in the UK
because their offending
has caused serious
harm or they are a
persistent offender
322(5A)
The individual:
(b) is a persistent
offender; or
(c) their offending has
caused serious harm
9.4.2 (b) and
(c)
Use of deception in
seeking leave to remain
or a variation of leave to
remain
323(ia)
Use of deception in an
application for
permission to stay
(applies only to
permission under section
3C of the Immigration
Act 1971)
9.7.4 (3C
permission
only)
The individual ceases to
meet the requirements
of the rules under which
leave to enter or remain
was granted
323(ii)
The individual ceases to
meet the requirements of
the rules under which
entry clearance or
permission was granted
9.23.1
The individual is the
dependant, or is seeking
leave to remain as the
dependant, of an
asylum application
whose claim has been
refused and whose
leave has been curtailed
323(iii)
No direct equivalent but
the following may apply:
The individual’s entry
clearance or permission
was granted as a
dependant of another
person whose
permission is, or has
been, cancelled
9.24.1 (not a
direct
equivalent
but may
apply)
Page 14 of 101 Published for Home Office staff on 15 August 2024
Curtailment grounds
prior to 1 December
2020
Curtailment
paragraph
Cancellation grounds
after 1 December 2020
Cancellation
paragraph
On any of the grounds
set out in paragraphs
339A-339AC and
paragraphs 339GA-
339GD (Exclusion from
asylum or humanitarian
protection grounds)
323(iv)
Paragraph 339AA,
339AC, 339D or 339GB
applies, or would apply
but for the fact the
individual has made a
protection claim, or the
protection claim was
determined without
reference to any matters
described in those
paragraphs
9.5.2
The individual has
committed an offence
within the first 6 months
of being granted leave
to enter and this
resulted in a period of
imprisonment
323(v)
No direct equivalent but
the following may apply:
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
9.4.5 (not a
direct
equivalent
but may
apply)
The individual was
granted their leave as
the dependant of
another person whose
leave to enter or remain
is being, or has been,
curtailed
323(vi)
The individual’s entry
clearance or permission
was granted as a
dependant of another
person whose
permission is, or has
been, cancelled
9.24.1
The individual fails to
comply with a request
under paragraph 39D
(provide additional
information and/or
attend an interview)
323(vii)
The individual fails to
comply with a
reasonable requirement
to: attend an interview,
provide information or
biometrics, to undergo a
medical examination or
provide a medical report
9.9.2
Page 15 of 101 Published for Home Office staff on 15 August 2024
Curtailment grounds
prior to 1 December
2020
Curtailment
paragraph
Cancellation grounds
after 1 December 2020
Cancellation
paragraph
Tier 2 or Tier 5 migrant:
The individual fails to
commence, or ceases,
or will cease,
employment, training, or
job shadowing they
have been sponsored to
do before the end date
323A(a)(i)
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
9.27.1
Student or Child
Student:
The individual fails to
commence studying
with their sponsor, or
the sponsor or person is
withdrawn or excluded
from course of studies,
or the course of study
has or will cease before
the end date recorded,
or the sponsor
withdraws the
individual’s sponsorship
323A(a)(ii)
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
9.26.1
Student or Child
Student:
The individual fails to
commence studying
with their sponsor, or
the sponsor or person is
withdrawn or excluded
from course of studies,
or the course of study
has or will cease before
the end date recorded,
or the sponsor
withdraws the
individual’s sponsorship
323A(a)(ii)
The individual’s
sponsorship or
endorsement has been
withdrawn (Student and
Child Student)
9.25.1
9.25.2
The individual’s sponsor
ceases to have a
sponsor licence or
transfers the business
the individual works at
or is studying at to
another person who fails
to carry out any of the
listed actions, or in the
case of a Tier 2 or 5
323(A)(b)
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
9.28.1
Page 16 of 101 Published for Home Office staff on 15 August 2024
Curtailment grounds
prior to 1 December
2020
Curtailment
paragraph
Cancellation grounds
after 1 December 2020
Cancellation
paragraph
migrant, if the
employment an
individual is being
sponsored to do
undergoes a prohibited
change as specified in
323AA
or more of the listed
actions
Prohibited changes to
employment for Tier 2
and Tier 5 Migrants
323AA
Worker does not start
work or ceases their
employment
9.27.1
Prohibited changes to
employment for Tier 2
and Tier 5 Migrants
323AA
Change of employer
9.29.1
Prohibited changes to
employment for Tier 2
and Tier 5 Migrants
323AA
Absence from
employment
9.30.1
Prohibited changes to
employment for Tier 2
and Tier 5 Migrants
323AA
Change of job or lower
salary rate
9.31.1
The endorsing body
withdraws its
endorsement of a Tier 1
Exceptional Talent
Migrant (the grounds
specified in paragraph
323 also apply)
323B
An individual’s
sponsorship or
endorsement has been
withdrawn and they have
entry clearance or
permission on any one of
the specified routes
9.25.1
The endorsing body
loses its status as an
endorsing institution for
Tier 1 Graduate
Entrepreneur Migrants,
ceases to be a sponsor
with student sponsor
status or an A-rated
sponsor, or the
endorsing body
withdraws its
endorsement of an
individual
323C
An individual’s
sponsorship or
endorsement has been
withdrawn and they have
entry clearance or
permission on any one of
the specified routes
9.25.1
The endorsing body
loses its status as an
endorsing institution for
Tier 1 Graduate
Entrepreneur Migrants,
ceases to be a sponsor
with student sponsor
323C
The endorsing body
ceases to hold the status
for the route in which
they were endorsed
(Global Talent, Start-up
or Innovator)
9.32.1
Page 17 of 101 Published for Home Office staff on 15 August 2024
Curtailment grounds
prior to 1 December
2020
Curtailment
paragraph
Cancellation grounds
after 1 December 2020
Cancellation
paragraph
status or an A-rated
sponsor, or the
endorsing body
withdraws its
endorsement of an
individual
Additional cancellation grounds introduced on 1 December
2020
Part 9 of the Immigration Rules introduced revised and additional grounds for
cancellation of an individual’s entry clearance or permission, which took effect on 1
December 2020. The following cancellation grounds do not correspond to any of the
curtailment grounds which were in force under Part 9 of the Immigration Rules prior
to 1 December 2020:
Additional cancellation grounds introduced on
1 December 2020
Cancellation paragraph
The Secretary of State has personally directed that
the individual be excluded from the UK
9.2.2
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
9.4.2(a)
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
9.4.5
It is more likely than not the individual is, or has
been, involved in a sham marriage or sham civil
partnership
9.6.2
The individual fails to produce a passport or other
travel document which meets the requirements in
paragraph 9.15.1 or 9.15.2
9.15.3
It is undesirable to grant entry to the individual for
medical reasons (as advised by a medical
inspector)
9.16.2
The individual has committed a customs breach
(whether or not a criminal prosecution is pursued)
9.19.2
There has been such a change in circumstance
since the initial grant
9.20.1
Page 18 of 101 Published for Home Office staff on 15 August 2024
Additional cancellation grounds introduced on
1 December 2020
Cancellation paragraph
The individual’s purpose in seeking entry is
different from the purpose specified in their entry
clearance
9.20.2
Related content
Contents
Part 9 mandatory and discretionary cancellation grounds
Immigration Rules: Part 9 Grounds for Cancellation
Related external links
Immigration Act 1971
Immigration Rules
Statement of changes to the Immigration Rules: HC 813, 22 October 2020
Page 19 of 101 Published for Home Office staff on 15 August 2024
Part 9 mandatory and discretionary
cancellation grounds
This page outlines when it is mandatory (must) and when it is discretionary (can) for
caseworkers to cancel an individual’s entry clearance or permission to enter or stay
in the UK under Part 9 of the Immigration Rules, from 1 December 2020.
Application of Part 9: mandatory and discretionary
cancellation
You must review and familiarise yourself with the wording used in Part 9 of the
Immigration Rules, to ensure you are applying the cancellation ground as it was
intended, on either a mandatory or discretionary cancellation basis. A summary of
the mandatory and discretionary grounds contained within Part 9 of the Immigration
Rules are set out in the following tables.
Entry clearance and permission: mandatory cancellation
When you must cancel
Cancellation paragraph
The Secretary of State has personally directed
that the individual be excluded from the UK
9.2.2
The individual’s presence in the UK is not
conducive to the public good because of their
conduct, character, associations, or other
reasons
9.3.2
The individual has:
(a) been convicted of a criminal offence for
which they have received a custodial sentence
of 12 months or more;
(b) is a persistent offender; or
(c) their offending has caused serious harm
9.4.2
Entry clearance and permission: discretionary cancellation
When you can cancel
Cancellation paragraph
The individual has committed an offence for
which they have received a custodial
sentence of less than 12 months
imprisonment, or, a non-custodial sentence,
or an out-of-court disposal
9.4.5
Exclusion from asylum or humanitarian
protection grounds: paragraph 339AA,
339AC, 339D or 339GB applies, or would
apply but for the fact the individual has made
a protection claim, or the protection claim was
determined without reference to any matters
described in those paragraphs
9.5.2
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When you can cancel
Cancellation paragraph
The individual is, or has been, involved in a
sham marriage or sham civil partnership
9.6.2
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
9.7.3
Use of deception in an application for
permission to stay
9.7.4
Failure to comply with conditions of
permission to enter or stay
9.8.8
The individual fails to comply with a
reasonable requirement to: attend an
interview, provide information or biometrics,
to undergo a medical examination or provide
a medical report
9.9.2
The individual fails to produce a passport or
other travel document which meets the
requirements in paragraph 9.15.1 or 9.15.2
9.15.3
It is undesirable to grant entry to the
individual for medical reasons (as advised by
a medical inspector)
9.16.2
The individual has committed a customs
breach (whether or not a criminal prosecution
is pursued)
9.19.2
There has been such a change in
circumstance since the initial grant
9.20.1
The individual’s purpose in seeking entry is
different from the purpose specified in their
entry clearance
9.20.2
The individual ceases to meet the
requirements of the rules under which entry
clearance or permission was granted
9.23.1
The individual’s entry clearance or permission
was granted as a dependant of another
person whose permission is, or has been,
cancelled
9.24.1
An individual’s sponsorship or endorsement
has been withdrawn and they have entry
clearance or permission on any one of the
specified routes
9.25.1
A student’s sponsorship has been withdrawn
because the student does not have a
knowledge of English equivalent to level B2
or above
9.25.2
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
9.26.1
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When you can cancel
Cancellation paragraph
date for the course is delayed for more than
28 days, or they cease to study with their
sponsor
Worker does not start work or ceases their
employment
9.27.1
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
9.28.1
Change of employer
9.29.1
Absence from employment
9.30.1
Change of job or lower salary rate
9.31.1
The endorsing body ceases to hold the status
for the route in which they were endorsed
(Global Talent, Start-up or Innovator)
9.32.1
Related content
Contents
Immigration Rules: changes to Part 9 cancellation grounds
Immigration Rules: Part 9 Grounds for Cancellation
Related external links
Immigration Rules
Statement of changes to the Immigration Rules: HC 813, 22 October 2020
Page 22 of 101 Published for Home Office staff on 15 August 2024
Immigration Rules: Part 9 Grounds for
Cancellation
This page outlines the changes to Part 9 of the Immigration Rules which took effect
on 1 December 2020, 6 and 11 October 2021, and the cancellation grounds by
section and paragraph. Links are provided to detailed guidance on each cancellation
ground.
Page contents:
Part 9 of the Immigration Rules
Section 1: Application of Part 9
Section 2: Grounds for cancellation of entry clearance and permission
Section 5: Additional grounds for cancellation of entry clearance and permission
Part 9 of the Immigration Rules
You must review and familiarise yourself with the wording used in ‘Part 9: grounds
for refusal’ of the Immigration Rules, to ensure you are applying the cancellation
ground as it was intended, on either a mandatory or discretionary cancellation basis.
The following information provides a summary of the in-country Part 9 cancellation
grounds only. For further information on each cancellation ground you must review
the linked piece of guidance which is relevant to the cancellation ground. See also:
Grounds for refusal and cancellation (suitability) for a list of guidance on Part 9 of the
Immigration Rules.
Section 1: Application of Part 9
There are a number of appendices, paragraphs and parts in the Immigration Rules,
to which Part 9 does not apply, or applies in part. See paragraph 9.1.1. of the
Immigration Rules. For more information, see: Part 9 cancellation grounds:
appendices and application in this guidance.
Section 2: Grounds for cancellation of entry clearance and
permission
Section 2 of Part 9 of the Immigration Rules sets out the grounds for refusing, or
cancelling, an individual’s entry clearance or permission to enter or stay in the UK.
The paragraphs below set out the cancellation grounds only. The linked guidance
provides further detail on both grounds for refusal and cancellation.
Exclusion, deportation order or travel ban grounds
Paragraph 9.2.2 of the Immigration Rules applies to cancellation:
9.2.2. Entry clearance or permission held by a person must be cancelled where the
Secretary of State has personally directed that the person be excluded from the UK.
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9.2.4. Entry clearance must be cancelled where the person is an excluded person,
as defined by section 8B(4) of the Immigration Act 1971, and the person does not fall
within section 8B(5A) or 8B(5B) of that Act.
Paragraph 9.2.2 of the Immigration Rules states that you must cancel an individual’s
entry clearance or permission if the rule applies, that is, it is mandatory for you to do
so. See grounds for refusal and cancellation (suitability) for further information on
exclusion or deportation order grounds.
Non-conducive grounds
Paragraph 9.3.2 of the Immigration Rules applies to cancellation:
9.3.2. Entry clearance or permission held by a person must be cancelled where the
person’s presence in the UK is not conducive to the public good.
Paragraph 9.3.2 of the Immigration Rules states that you must cancel an individual’s
entry clearance or permission if the rule applies, that is, it is mandatory for you to do
so. For further information on cancelling an individual’s entry clearance or permission
to enter or stay in the UK on non-conducive grounds, see: Suitability: non-conducive
grounds for refusal or cancellation of entry clearance or permission.
Criminality grounds
Paragraphs 9.4.2 and 9.4.5 of the Immigration Rules apply to cancellation under
Criminality Grounds:
9.4.2. Entry clearance or permission held by a person must be cancelled where the
person:
(a) 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; or
(b) is a persistent offender who shows a particular disregard for the law; or
(c) has committed a criminal offence, or offences, which caused serious harm
Cancellation under paragraph 9.4.2 of the Immigration Rules is mandatory, whereas,
the grounds for cancellation under paragraph 9.4.5 are discretionary, so you must
consider all the circumstances in deciding whether to cancel an individual’s
permission in these circumstances:
9.4.5. Entry clearance or permission held by a person may be cancelled (where
paragraph 9.4.2 does not apply) where the person:
(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 received an out-of-court disposal that
is recorded on their criminal record
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In relation to paragraph 9.4.5. see also: Cancellation decisions: case considerations
and use of discretion.
Before you consider cancellation under Criminality grounds, you must check whether
you need to refer the case to Foreign National Offender Returns Command to make
an enforcement decision.
For further information on cancelling an individual’s entry clearance or permission to
enter or stay in the UK on criminality grounds, see: grounds for refusal – criminality
guidance.
Exclusion from asylum or humanitarian protection grounds
Paragraphs 9.5.2 of the Immigration Rules applies to cancellation:
9.5.2. Entry clearance or permission held by a person may be cancelled where the
Secretary of State:
(a) has at any time decided that paragraph 339AA (exclusion from Refugee
Convention), 339AC (danger to the UK), 339D (exclusion from a grant of
humanitarian protection) or 339GB (revocation of humanitarian protection on
grounds of exclusion) of these rules applies to the applicant; or
(b) has decided that paragraph 339AA, 339AC, 339D or 339GB of these rules
would apply, but for the fact that the person has not made a protection claim in the
UK, or that the person has made a protection claim which was finally determined
without reference to any of the relevant matters described in paragraphs 339AA,
339AC, 339D or 339GB.
Cancellation under paragraph 9.5.2 is discretionary, so you must consider all the
circumstances in deciding whether to cancel an individual’s permission. See:
Cancellation decisions: case considerations and use of discretion. For further
information on this cancellation ground, see: Suitability: Exclusion from Asylum or
Humanitarian Protection.
Involvement in a sham marriage or sham civil partnership
grounds
Paragraph 9.6.2 of the Immigration Rules applies to cancellation:
9.6.2. Entry clearance or permission held by a person may be cancelled where the
decision maker is satisfied that it is more likely than not the person is, or has been,
involved in a sham marriage or sham civil partnership.
Involvement includes where an individual has knowingly entered, or attempted to
enter, into a sham marriage or civil partnership, or has assisted another person to
enter into, or attempt to enter into, a sham marriage or civil partnership (whether or
not they were successful).
A sham marriage or civil partnership is one in which:
Page 25 of 101 Published for Home Office staff on 15 August 2024
• either or both of the parties is not a relevant national
• there is no genuine relationship between the parties to the marriage, and
• either, or both, of the parties to the marriage or civil partnership enter into the
marriage or civil partnership for one or more of these purposes:
o avoiding the effect of one or more provisions of UK immigration law or the
immigration rules
o enabling a party to the marriage to obtain a right conferred by that law or
those rules to reside in the UK
Cancellation under paragraph 9.6.2 is discretionary, so you must consider all the
circumstances in deciding whether to cancel permission. See: Cancellation
decisions: case considerations and use of discretion.
For more information on the cancellation procedure in such cases, see: Cancellation
in sham marriage cases. See also: Suitability: sham marriage or civil partnership.
Full details of all removal pathways and related actions on the basis of involvement
in a sham marriage or sham civil partnership, are provided in a summary table in:
Marriage Investigations.
False representations grounds
Paragraphs 9.7.3 and 9.7.4 of the Immigration Rules apply to cancellation:
9.7.3. Entry clearance or permission held by a person may be cancelled where, in
relation to an application, or in order to obtain documents from the Secretary of State
or a third party provided in support of the application:
(a) false representations were made, or false documents or false information
submitted (whether or not relevant to the application, and whether or not to the
applicant’s knowledge); or
(b) relevant facts were not disclosed.
9.7.4. Permission extended under section 3C of the Immigration Act 1971 may be
cancelled where the decision maker can prove that it is more likely than not the
applicant used deception in the application for permission to stay.
Cancellation under paragraphs 9.7.3 and 9.7.4 is discretionary, so you must consider
all the circumstances in deciding whether to cancel permission. See: Cancellation
decisions: case considerations and use of discretion. For further information see:
Suitability: false representations, deception, false documents, non-disclosure of
relevant facts guidance.
Previous breach of immigration laws grounds
Paragraph 9.8.8 of the Immigration Rules applies to cancellation:
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9.8.8. Permission (including permission extended under section 3C of the
Immigration Act 1971) may be cancelled where the person has failed to comply
with the conditions of their permission.
When you consider cancellation on these grounds the breach must be of sufficient
gravity to warrant such action. You must not cancel leave when the breach is so
minor that it would mean cancellation would be disproportionate.
Cancellation under paragraph 9.8.8 is discretionary, so you must consider all the
circumstances in deciding whether to cancel permission. See: Cancellation
decisions: case considerations and use of discretion. For further information, see
guidance on: Suitability: previous breach of immigration laws.
For information on cancelling leave extended by section 3C see the section
cancelling 3C leave in Leave extended by section 3C (and leave extended by section
3D in transitional cases)
Failure to provide required information grounds
Paragraph 9.9.2 of the Immigration Rules applies to cancellation:
9.9.2. Any entry clearance or permission held by a person may be cancelled where
the person fails without reasonable excuse to comply with a reasonable requirement
to:
(a) attend an interview; or
(b) provide information; or
(c) provide biometrics; or
(d) undergo a medical examination; or
(e) provide a medical report
Paragraph 39D of the Immigration Rules provides that you may ask an individual
who has entry clearance or permission to stay in the UK to do either or both of the
following:
• provide additional information and evidence to the Home Office within 28
calendar days of the date the request is sent
• attend an interview
This is to help you assess whether any of the grounds of cancellation of entry
clearance or permission under Part 9 of the Immigration Rules apply.
Cancellation under paragraph 9.9.2 is discretionary, so you must consider all the
circumstances in deciding whether to cancel permission. See also: Cancellation
decisions: case considerations and use of discretion.
See guidance on: Suitability: failure to provide information for further information.
Page 27 of 101 Published for Home Office staff on 15 August 2024
Innovator fit and proper person requirement
Paragraph 9.13A.2 applies to cancellation:
9.13A.2. The entry clearance or permission of an Innovator Founder may be
cancelled if the decision maker has reason to believe that the applicant is or has
been:
(a) the subject of any serious civil or criminal action with regard to corruption or
other financial crime or serious misconduct; or
(b) disbarred from acting as a director or carrying out regulated financial activities
in any country
Cancellation under paragraph 9.13A.2 is discretionary, so you must consider all the
circumstances in deciding whether to cancel permission. See: Cancellation
decisions: case considerations and use of discretion.
Permission may be cancelled under paragraph 9.25.1 or 9.32.1 of the Immigration
Rules. Paragraph 9.25.1 provides that permission may be cancelled where an
individual’s endorsement is withdrawn by their endorsing body and paragraph 9.32.1
for where an endorsing body loses its status as an endorsing body for the relevant
category.
You may also cancel permission where information has come to light which would
cause the individual to fail to meet the fit and proper person test for the Innovator
visa route which is set out at paragraph 9.13A.1. See: Innovator Founder.
Section 5: Additional grounds for cancellation of entry
clearance and permission
Section 5 of Part 9 of the Immigration Rules sets out additional grounds for
cancelling an individual’s entry clearance or permission to enter or stay in the UK.
The grounds for cancellation in this section largely relate to persons obtaining entry
clearance or permission to enter or stay under the work and study routes. This
section also deals with cancellation of entry clearance or permission for dependents.
On 6 and 11 October 2021, changes to the Immigration Rules took effect. These
changes are shown in the Statement of Changes to the Immigration Rules, published
on 10 September 2021. The changes include amendments to the names of the
routes in this section, previously referred to as ‘T2 Sportsperson’ and ‘T5 (Temporary
Worker)’. These routes are now referred to as ‘International Sportsperson’ and
‘Temporary Worker’ respectively. ‘International Sportsperson’ includes people with
permission on the predecessor sports routes: T2 Sportsperson, Tier 2
(Sportsperson), the sporting provisions of T5 (Temporary Worker) Creative or
Sporting Worker, or the sporting provisions of the Creative & Sporting sub-category
of Tier 5 (Temporary Worker). Temporary Worker is defined in the Immigration
Rules. To access a list of definitions for the routes referred to in this section, see
paragraph 6.2 of the Immigration Rules.
Page 28 of 101 Published for Home Office staff on 15 August 2024
On 22 August 2022 the Scale-Up route was introduced. See also: Appendix Scale-
Up.
See also: Economic and work routes guidance.
Each of the listed cancellation grounds under section 5 of Part 9 of the Immigration
Rules are discretionary, so you must consider all the circumstances in deciding
whether to cancel an individual’s permission in these circumstances. See also:
Cancellation decisions: case considerations and use of discretion. If you decide to
cancel an individual’s entry clearance or permission under any of the following
cancellation grounds and you need to decide the expiry date of their leave, see
Deciding the date of expiry for cancelled permission for further information.
For more information on the cancellation grounds under section 5 of Part 9 of the
Immigration Rules see: Suitability: Section 5 additional grounds for cancellation of
entry clearance, permission to enter and permission to stay.
Ceasing to meet requirements of the rules
Paragraph 9.23.1 of the Immigration Rules applies:
9.23.1. A person’s entry clearance or permission may be cancelled if they cease to
meet the requirements of the rules under which the entry clearance or permission
was granted.
Specific examples of an individual ceasing to meet the requirements of the rules are
contained in the Suitability: Section 5 additional grounds for cancellation of entry
clearance, permission to enter and permission to stay guidance. For more
information on the process to follow when an individual no longer meets the
requirements of the rules because their relationship has broken down, see: Ceasing
to meet rules requirements: relationship breakdown.
Dependant grounds
Paragraph 9.24.1 of the Immigration Rules applies:
9.24.1. A person’s entry clearance or permission may be cancelled where they are
the dependant of another person whose permission is, or has been, cancelled.
There are various factors you must consider before cancelling a dependant’s entry
clearance or permission. See: Cancelling the permission of dependants.
Withdrawal of sponsorship or endorsement grounds
Paragraphs 9.25.1 and 9.25.2 of the Immigration Rules apply:
9.25.1. A person’s entry clearance or permission may be cancelled where their
sponsorship or endorsement has been withdrawn and they have entry clearance or
permission on one of the following routes:
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(a) Student; or
(b) Child Student; or
(c) Skilled Worker; or
(d) Intra-Company Transfer; or
(e) Intra-Company Graduate Trainee; or
(f) Representative of an Overseas Business; or
(g) T2 Minister of Religion; or
(h) International Sportsperson; or
(i) Temporary Worker; or
(j) Start-up; or
(k) Innovator; or
(l) Global Talent; or
(m) Global Business Mobility routes; or
(n) Scale-up (subject to paragraph 9.33.1.)
9.25.2. A Student’s permission may be cancelled where the sponsor withdraws their
sponsorship of the student because, having completed a pre-sessional course, the
student does not have a knowledge of English equivalent to level B2 or above of the
Council of Europe’s Common European Framework for Language Learning in all four
components (reading, writing, speaking and listening).
9.25.3. Entry clearance or permission held under the Global Talent route may be
cancelled where the prize named in Appendix Global Talent: Prestigious Prizes
which they used to qualify, has been withdrawn.
9.25.4. Entry Clearance or permission on the Innovator Founder route may be
cancelled where that entry clearance or permission was granted on or after 13 April
2023 and where the holder fails to undergo a contact point meeting with their
Endorsing Body.
Student does not start course or ceases to study
Paragraph 9.26.1 of the Immigration Rules applies:
9.26.1. The entry clearance or permission of a Student or Child Student may be
cancelled if:
(a) they do not start their studies with their sponsor; or
(b) they or their sponsor confirm that their course of study has ceased, or will
cease before the end date recorded on the Certificate of Acceptance for Studies;
or
(c) the start date for the course is delayed for more than 28 days; or
(d) they cease to study with their sponsor.
Worker does not start work or ceases their employment
Paragraph 9.27.1 of the Immigration Rules applies:
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9.27.1. A person’s entry clearance or permission on the Skilled Worker, Intra-
Company, Global Business Mobility, Representative of an Overseas Business,
Scale-up Worker (subject to paragraph 9.33.1.), T2 Minister of Religion, International
Sportsperson or Temporary Worker routes, may be cancelled if:
(a) they do not start working for their sponsor; or
(b) they or their sponsor confirm that their employment, volunteering, training or
job shadowing has ceased or will cease before the end date recorded on the
Certificate of Sponsorship; or
(c) the start date for the job, as recorded in the Certificate of Sponsorship, is
delayed by more than 28 days; or
(d) they cease to work for their sponsor.
Sponsor loses licence or transfers business
Paragraph 9.28.1 of the Immigration Rules applies:
9.28.1. A person on the Student, Child Student, Skilled Worker, Intra-Company,
Global Business Mobility, Scale-up Worker (subject to paragraph 9.33.1.), T2
Minister of Religion, International Sportsperson or Temporary Worker routes, may
have their entry clearance or permission cancelled if:
(a) their sponsor does not have a sponsor licence; or
(b) their sponsor transfers the business for which the person works, or at which
they study, to another business or institution, and that business or institution:
(i) fails to apply for a sponsor licence; or
(ii) fails to apply for a sponsor licence within 28 days of the date of a transfer
of their business or institution; or
(iii) applies for a sponsor licence but is refused; or
(iv) makes a successful application for a sponsor licence, but the sponsor
licence granted is not in a category that would allow the sponsor to issue a
Certificate of Sponsorship or Confirmation of Acceptance for Studies to the
person.
Change of employer
Paragraph 9.29.1 of the Immigration Rules applies:
9.29.1. A person on the Skilled Worker, Intra-Company, Global Business Mobility,
Scale-up Worker (subject to paragraph 9.33.1.),T2 Minister of Religion, International
Sportsperson or Temporary Worker routes, may have their permission cancelled
where they have changed their employer, unless any of the following exceptions
apply:
(a) they are a person on the Government Authorised Exchange route, or a
Seasonal Worker and the change of employer is authorised by the sponsor; or
(b) they are working for a different sponsor unless the change of sponsor does not
result in a change of employer, or the change in employer is covered by the
Transfer of Undertakings (Protection of Employment) Regulations 2006,
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equivalent statutory transfer schemes, or the Cabinet Office Statement of Practice
on Staff Transfers in the Public Sector; or
(c) they have permission as an International Sportsperson, and all of the following
apply:
(i) they are sponsored by a sports club; and
(ii) they are sponsored as a player and are being temporarily loaned to
another sports club; and
(iii) player loans are specifically permitted in rules set down by the relevant
sports governing body; and
(iv) their sponsor has made arrangements with the loan club to enable the
sponsor to continue to meet its sponsor duties; and
(v) the player will return to working for the sponsor at the end of the loan.
When considering cancellation under paragraph 9.29.1. you must be satisfied that
none of the exceptions apply before cancelling an individual’s permission on any one
of the listed routes.
Absence from employment
Paragraph 9.30.1 of the Immigration Rules applies:
9.30.1. A person on the Skilled Worker, Intra-Company, Representative of an
Overseas Business, Scale-up (subject to paragraph 9.33.1.), Global Business
Mobility, T2 Minister of Religion, International Sportsperson or Temporary Worker
routes who has been absent from work without pay, or on reduced pay, for more
than 4 weeks during any calendar year may have their permission cancelled unless
the reason for absence is one of the following:
(a) statutory maternity leave, paternity leave, parental leave, or shared parental
leave; or
(b) statutory adoption leave; or
(c) sick leave; or
(d) assisting with a national or international humanitarian or environmental crisis,
providing their sponsor agreed to the absence for that purpose; or
(e) taking part in legally organised industrial action; or
(f) jury service; or
(g) attending court as a witness.
See section ‘Unpaid Leave’ in Workers and Temporary Workers: guidance for
sponsors part 2: sponsor a worker – general information, for more information on
calculating an individual’s absence from work.
As cancellation under paragraph 9.30.1 is discretionary, you must consider all the
circumstances in deciding whether to cancel an individual’s permission. See:
Cancellation decisions: case considerations and use of discretion. You must also
give consideration to the health pandemic exception before you decide to cancel an
individual’s permission to stay under paragraph 9.30.1. See guidance on Suitability:
Section 5 additional grounds for cancellation of entry clearance, permission to enter
and permission to stay.
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Change of job or lower salary rate
Paragraphs 9.31.1, 9.31.2 and 9.31.3 of the Immigration Rules apply:
9.31.1. A person on the Skilled Worker, Intra-Company, Representative of an
Overseas Business, Scale-up (subject to paragraph 9.33.1.), Global Business
Mobility, T2 Minister of Religion or Temporary Worker routes may have their
permission cancelled where they have changed jobs, or they receive a lower salary
rate (unless any of paragraphs 9.31.2. to 9.31.3. apply) if:
(a) they are on an Intra-Company, Global Business Mobility, or Skilled Worker or a
Scale-up Worker routes and have changed to a different job in the same SOC
2020 occupation code but the salary rate for the new job is lower than the salary
rate for the old job as set out in the Appendix Skilled Occupations
(b) they are a Skilled Worker and scored points for a job in Appendix Immigration
Salary List (or the previous Appendix Shortage Occupation List) and the new job
does not appear in Appendix Immigration Salary List
(c) they have changed jobs and the new job has a different SOC 2020 occupation
code to that recorded by the Certificate of Sponsorship (unless paragraph 9.32.1.
applies), or unless they are sponsored in a SOC 2010 occupation code and the
change is a result of switching to a SOC 2020 occupation code; or
(d) the person no longer meets the salary requirement or going rate requirement
for the job.
9.31.2. The following exception applies to paragraph 9.31.1. (c):
(a) the person is sponsored to undertake a graduate training programme covering
multiple roles within the organisation; and
(b) the person is changing to a job with a different SOC 2020 occupation code
either as a part of that programme or when appointed to a permanent role with the
sponsor at the end of that programme; and
(c) their sponsor has notified the Home Office of the change of job and any
change in salary.
9.31.3. The following exceptions apply to reduction in salary under paragraph 9.31.1:
(a) a reduction in salary coincides with an absence from employment permitted
under paragraph 9.30.1; or
(b) the person is on an Intra-Company or Global Business Mobility routes and a
reduction in salary coincides with working for the sponsor group while the person
is not physically present in the UK; or
(c) the person is a Skilled Worker and:
(i) if the person has permission under Appendix Skilled Worker, they would,
after the change to the job, score 20 tradeable points in either the same
option in the table in paragraph SW 4.2, or under paragraph SW 14.5(b),
whichever they had scored points under when obtaining their most
recent grant of permission; or
(ii) if the person has permission as a Tier 2 (General) Migrant, they would,
after the change to the job, score 20 tradeable points under option A or F
Page 33 of 101 Published for Home Office staff on 15 August 2024
in the table in paragraph SW 4.2, or under paragraph SW 14.5(b), if they
were to apply under Appendix Skilled Worker; or
(iii) if the person has permission as a Tier 2 (General) Migrant who was
considered a new entrant in their application for that Tier 2 (General)
permission, they would, after the change to the job, score 20 tradeable
points under option E in the table in paragraph SW 4.2, if they were to
apply under Appendix Skilled Worker; or.
(d) a reduction in salary coincides with a temporary reduction in the person’s
hours for individual health reasons, or a phased return to work for individual health
reasons, in either case being supported by an occupational health assessment
and where the reduction in pay does not result in the hourly rate falling below any
requirement which applied when the person obtained their most recent grant of
permission.
As cancellation under paragraph 9.31.1 is discretionary, you must consider all the
circumstances in deciding whether to cancel an individual’s permission. See:
Cancellation decisions: case considerations and use of discretion. You must give
consideration to the exceptions set out under 9.31.2 and 9.31.3, as well as the health
pandemic exception before you decide to cancel an individual’s permission to stay
under paragraph 9.31.1. See guidance on Suitability: Section 5 additional grounds
for cancellation of entry clearance, permission to enter and permission to stay.
Endorsing body no longer approved
Paragraph 9.32.1 of the Immigration Rules applies:
9.32.1. Where a person has entry clearance or permission on the Global Talent,
Start-up or Innovator Founder route their entry clearance or permission may be
cancelled if their endorsing body ceases to hold that status for the route in which
they were endorsed.
See Innovator Founder guidance for more details if cancellation is considered due to
the removal of the endorsing body from the Innovator Founder endorsing body list.
Exception for Scale-up Workers
9.33.1. Paragraphs 9.25.1. and 9.27.1. to 9.31.1. only apply to a Scale-up Worker
during the 6- month period that the Scale-up Worker is required to work for a
Sponsor under Appendix Scale-up.
Related content
Contents
Immigration Rules: changes to Part 9 cancellation grounds
Immigration Rules: Part 9 Grounds for Cancellation
Cancellation decisions: case considerations and use of discretion
Cancellation procedures in specific case types
Related external links
Immigration Rules
Immigration Act 1971
Page 35 of 101 Published for Home Office staff on 15 August 2024
Part 9 cancellation grounds:
appendices and application
This page outlines in which instances cancellation grounds under Part 9 of the
Immigration Rules apply in part to various appendices, paragraphs or parts of the
Immigration Rules and where they do not apply at all.
Part 9 cancellation grounds: application to various
Appendices
The following table sets out the list of appendices, paragraphs or parts of the
Immigration Rules to which certain paragraphs of Part 9 of the Immigration Rules
apply. Against each appendix, the list of cancellation paragraphs that apply to the
named appendix are set out.
Appendix
Cancellation paragraphs that apply
Appendix FM
9.2.2.
9.3.2.
9.4.5.
9.9.2.
9.15.1. to 9.15.3.
9.16.2.
9.19.2.
9.20.1
9.23.1.
9.24.1.
and paragraph 9.7.3. (false
representations, etc. grounds) applies to
permission to stay
Appendix Private Life
9.6.2
Appendix Domestic Worker who is a
Victim of Modern Slavery - paragraph
DWMS 2.1
9.2.2.
9.3.2.
9.4.2.
9.4.5.
9.7.2.
9.7.3.
9.9.2.
9.16.2.
9.20.1.
9.23.1.
9.24.1.
Part 11 (Asylum)
Part 9 applies to paragraphs 352ZH to
352ZS and 352I to 352X
Applications for entry clearance or
permission to stay granted by virtue of
the ECAA Association Agreement,
except that in relation to permission
9.2.2.
9.3.2.
9.4.2. and 9.4.5.
9.6.2.
Page 36 of 101 Published for Home Office staff on 15 August 2024
Appendix
Cancellation paragraphs that apply
granted under the Agreement the
specified paragraphs
apply where the criminal offence or
adverse conduct occurred after 11pm
on 31 December 2020
9.7.3.
9.21.2
Applications for permission to stay
under Appendix ECAA Extension of
Stay, except that in relation to such
permission the specified paragraphs
apply where the criminal offence or
adverse conduct occurred after 11pm
on 31 December 2020
9.2.2.
9.3.2.
9.4.2. and 9.4.5.
9.7.3.
9.21.2
Appendix Ukraine Scheme
9.2.2.
9.3.2.
9.4.2.
9.4.5.
9.5.2.
9.6.2.
9.7.2.
9.7.3.
9.10.2.
9.15.3.
9.16.2.
9.19.2.
9.20.2.
9.23.2.
9.24.1.
Appendix Settlement Family Life
9.6.2.
Appendix Temporary Permission to
Stay for Victims of Human Trafficking
or Slavery
9.2.2.
9.3.2.
9.4.2.
9.4.5.
9.5.2.
9.7.3.
9.20.1.
9.20.2.
9.23.1.
9.24.1.
Appendix Adult Dependent Relative
9.2.2.
9.3.2.
9.4.5.
9.9.2.
9.15.3.
9.16.2.
9.19.2.
9.20.1.
9.23.1.
9.24.1.
Page 37 of 101 Published for Home Office staff on 15 August 2024
Appendix
Cancellation paragraphs that apply
and paragraph 9.7.3. applies to
permission to stay
For further information on the appendices listed in the above table, see the linked
guidance at:
• Appendix FM, Appendix Family Settlement and Appendix Private Life, see:
Settlement: Family and Private life
• Appendix Armed Forces
• Part 11 Asylum, see: Permission to stay on a protection route for asylum claims
lodged on or after 28 June 2022 guidance
• Appendix ECAA extension of stay
• Ukraine Scheme
• for grounds for cancellation under Appendix Temporary Permission to stay for
Victims of Human Trafficking or Slavery, see: Temporary Permission to Stay for
Victims of Human Trafficking or Slavery
Appendices where Part 9 cancellation grounds do not
apply
There are appendices and parts of the Immigration Rules to which Part 9 does not
apply in full but applies in part. See: Part 9 cancellation grounds: application to
various appendices for further information.
Part 9 of the Immigration Rules does not apply to the following appendices:
• Appendix EU
• Appendix EU (Family Permit)
• Appendix S2 Healthcare Visitor
• Appendix Service Providers from Switzerland
• Appendix Settlement Protection
• Appendix Electronic Travel Authorisation
Cancellation and curtailment grounds for these appendices (with the exception of
Appendix Settlement Protection, for which there are no listed cancellation or
curtailment grounds) are contained within the relevant appendix, or annex to the
relevant appendix, of the Immigration Rules. See: Cancellation and curtailment
grounds: appendices and annexes.
Appendices to which Part 9 cancellation grounds apply
Part 9 cancellation grounds apply to the following appendices:
• Appendix Victim of Domestic Abuse
• Appendix Bereaved Partner
• Appendix HM Armed Forces
Page 38 of 101 Published for Home Office staff on 15 August 2024
• Appendix International Armed Forces and International Civilian Employees
• Appendix Adoption
Related content
Contents
Immigration Rules: changes to Part 9 cancellation grounds
Immigration Rules: Part 9 Grounds for Cancellation
Related external links
Immigration Rules
Page 39 of 101 Published for Home Office staff on 15 August 2024
Cancellation and curtailment grounds:
appendices and annexes
This page outlines the appendices to which Part 9 of the Immigration Rules does not
apply and sets out the appendix and annex to the Immigration Rules containing in-
country curtailment grounds for leave granted under Appendix EU and Appendix EU
(Family Permit), as well as the grounds for cancellation of entry clearance and
permission under Appendix S2 Healthcare Visitors and Appendix Service Providers
from Switzerland.
Page contents:
Appendix EU and Appendix EU (Family Permit): in-country curtailment
Appendix S2 Healthcare Visitor
Appendix Service Providers from Switzerland
Appendix Electronic Travel Authorisation
Appendix EU and Appendix EU (Family Permit): in-country
curtailment
This section applies where the person is in the UK at the time of the curtailment
decision (in-country).
In the statement of changes to the Immigration Rules which was published on 22
October 2020, changes were made to part 9 (Grounds for Refusal). Part 9 does not
apply to the curtailment of limited leave that has been granted under Appendix EU or
by virtue of having arrived in the UK with an entry clearance granted under Appendix
EU (Family Permit). Where you are considering curtailing limited leave granted under
the EU Settlement Scheme (EUSS) in Appendix EU (also known as pre-settled
status) or leave to enter granted by virtue of having arrived in the UK with an EUSS
family permit, the relevant rules in Annex 3 to Appendix EU or Annex 3 to Appendix
EU (Family Permit) apply.
Annex 3 to both appendices also contain cancellation grounds in respect of border,
or out-of-country, cancellation of leave, which are not covered in this guidance. For
further information on these cancellation grounds see:
• Refusal and cancellation of permission to enter
• EU Settlement Scheme EU, other EEA, Swiss citizens and family members
• EU Settlement Scheme: suitability requirements
Annex 3 to both Appendix EU and Appendix EU (Family Permit) took effect on 1
December 2020.
Page 40 of 101 Published for Home Office staff on 15 August 2024
Right of appeal
Where a person has been granted pre-settled status under the EUSS and a decision
is taken after 31 December 2020 to curtail that leave (to vary that leave so that the
person does not have leave to enter or remain in the UK), there is a right of appeal
against that decision under regulation 3(1)(a) of the Immigration (Citizens’ Rights
Appeals) (EU exit) Regulations 2020 (“the Citizens’ Rights Appeals Regulations”).
This appeal right may be exercised in or out of country.
If the curtailment decision is taken while the person is in the UK, their pre-settled
status will be extended while they are in-time to bring that appeal (that is, for 14
days). If they bring an appeal under regulation 3(1)(a) of the Citizens’ Rights Appeals
Regulations, their leave will be extended by regulation 13A of the Citizens’ Rights
Appeals Regulations until that appeal is finally determined, unless their removal is
certified. Leave extended by regulation 13A will not lapse simply because a person
has left the UK, though it may lapse in accordance with Article 4(a) of the
Immigration (Leave to Enter and Remain) Order 2000 if the person leaves the UK
and Islands for a continuous period of more than two years.
Where a person has leave to enter granted by virtue of having arrived in the UK with
an EUSS family permit, and a decision is taken after 31 December 2020 to curtail
that leave, there is a right of appeal against that decision under regulation 5(1)(d) of
the Citizens’ Rights Appeals Regulations. This appeal may be exercised in or out of
country. Leave is not extended under regulation 13A while such an appeal is
pending, though the appeal (unless certified under regulation 16 or 16A of the
Citizens’ Rights Appeals Regulations) will be suspensive of removal.
For further information, see guidance on Rights of Appeal.
Administrative review
There is no right to administrative review for the EUSS (Appendix EU) and the EUSS
family permit (Appendix EU Family Permit) cohort, where the decision is made on or
after 5 October 2023.
Eligible decisions made before 5 October 2023 may still be challenged by
administrative review under Appendix AR (EU).
For further information, see: Administrative review EU Settlement Scheme, Service
Providers From Switzerland, and S2 Healthcare Visitors.
Curtailment grounds applying to EUSS limited leave to enter or
remain or EUSS family permit leave to enter
The curtailment grounds which apply to a person who has limited leave to enter or
remain under the EUSS or who has leave to enter granted by virtue of having arrived
in the UK with an entry clearance granted under Appendix EU (Family Permit), and
who is in the UK at the time of the curtailment decision, are:
Page 41 of 101 Published for Home Office staff on 15 August 2024
• false or misleading information, representations or documents being submitted
in the application (whether or not this was done with the person’s knowledge),
and this was material to the decision to grant them EUSS leave or an EUSS
family permit
• false or misleading information being submitted to any person to obtain a
document used in support of the application (whether or not this was done with
the leave holder’s knowledge), and this was material to the decision to grant
them EUSS leave or an EUSS family permit
• it is more likely than not that, after 31 December 2020, the person has entered,
attempted to enter or assisted another person to enter or to attempt to enter, a
marriage, civil partnership or durable partnership of convenience (as defined in
Appendix EU or Appendix EU (Family Permit))
An example of where the false representations curtailment ground may be applied is
where a person has claimed to be a ‘relevant EEA citizen’ or the ‘family member of a
relevant EEA citizen’ (as defined in Appendix EU or Appendix EU (Family Permit))
when they were not.
In Appendix EU cases only, a further curtailment ground applies where the person is
in the UK at the time of the curtailment decision:
• the person ceases to meet, or never met, the requirements of Appendix EU
Where you consider curtailing a person’s leave on any of these grounds, you must
consider the exercise of discretion. See also: Consideration of curtailment of limited
leave: EUSS and EUSS family permit.
In every case, you, as the decision maker, must also be satisfied that it is
proportionate to curtail the person’s leave. You must consider each case on an
individual basis.
The relevant rules on curtailment of limited leave under Appendix EU can be found in
full in Annex 3 to Appendix EU at paragraphs:
• A3.4.(a)
• A3.4.(b)
• A3.4.(c)
The relevant rules on curtailment of leave to enter granted by virtue of having arrived
in the UK with an EUSS family permit can be found in full at Annex 3 to Appendix EU
(Family Permit) at paragraphs:
• A3.5.(a)
• A3.5.(b)
For EUSS limited leave and EUSS family permit leave to enter cancellation grounds
in border or out-of-country cases, see:
• Refusal and cancellation of permission to enter
Page 42 of 101 Published for Home Office staff on 15 August 2024
• EU Settlement Scheme EU, other EEA, Swiss citizens and family members
• EU Settlement Scheme: suitability requirements
Consideration of curtailment of EUSS limited leave or EUSS
family permit leave to enter
A principle of evidential flexibility applies to all decisions made under the EUSS and
in respect of an EUSS family permit. This enables you to exercise discretion in
favour of the applicant where appropriate to minimise administrative burdens, but in
doing so you must not overlook evidence of fraud or abuse. You must ensure that
you are satisfied that it is proportionate to curtail a person’s EUSS limited leave or
EUSS family permit leave to enter, taking account of all the information and evidence
available to you in the case.
What to consider before referral to the Status Review Unit
The Status Review Unit (SRU) is the team responsible for EUSS curtailment
decisions.
Referrals for curtailment of EUSS leave, including from Immigration, Compliance and
Enforcement (ICE) teams, must be made to the SRU in line with the guidance in this
section.
When you are considering whether to refer a case to the SRU for curtailment of
EUSS limited leave or EUSS family permit leave to enter on the grounds that it is
proportionate to curtail that leave due to false or misleading information,
representations or documents having been submitted in the relevant application, or
to any person to obtain a document in support of the application (in either case,
whether or not to the leave holder’s knowledge), you must consider whether the false
or misleading information, representation or documentation was material to the
decision to grant the person that leave or an EUSS family permit. If it was not
material to that decision, your referral for curtailment may be rejected by the SRU.
When considering whether to refer a case to the SRU for curtailment of EUSS limited
leave on the grounds that the person ceases to meet the requirements of Appendix
EU, you must only make a referral to the SRU where both:
• there has been a legal termination of a marriage or civil partnership (either the
leave holder’s or that of a relevant EEA citizen family member)
• following that divorce / dissolution, the person no longer satisfies any of the
eligibility criteria under Appendix EU
Under Appendix EU, the couple’s relationship does not have to be subsisting whilst
they remain legally married or in a civil partnership, although it must not be a
marriage or civil partnership of convenience. Curtailment decisions must not be
made on the basis that a spouse or civil partner has separated from their relevant
EEA citizen family member, if that marriage or civil partnership has not legally ended.
Page 43 of 101 Published for Home Office staff on 15 August 2024
When considering whether to refer a case to the SRU, you must assess whether the
person, notwithstanding the divorce or dissolution, still satisfies the eligibility criteria
under Appendix EU. For example, they may be eligible for settled status under the
EUSS by virtue of having completed a continuous qualifying period of residence of 5
years as the spouse or civil partner of a relevant EEA citizen before the divorce or
dissolution, or they may be eligible for pre-settled or settled status under the EUSS
as a family member who has retained the right of residence, as defined in Appendix
EU.
Where the person does not meet any of the eligibility criteria in Appendix EU, then
you may consider referral to the SRU for curtailment of their leave where it is
proportionate to do so. See also: EU Settlement Scheme EU, other EEA, Swiss
citizens and family members guidance.
In marriage and civil partnership of convenience cases you must consider whether
the relationship was material to the grant of EUSS limited leave or an EUSS family
permit (that is, directly because of the claimed relationship), or whether it involves a
person who’s own EUSS limited leave or EUSS family permit was not dependent on
a marriage or civil partnership of convenience but their involvement in such
behaviour (whether or not it was successful) would be grounds to curtail their EUSS
limited leave or EUSS family permit leave to enter. Curtailment action should be
considered in both scenarios. You must also consider when the relevant conduct
started. See: 'Marriage Investigations: determining when relevant conduct
commenced’.
Where the person has EUSS limited leave or EUSS family permit leave to enter and
you consider that curtailment is justified and proportionate on grounds that it is more
likely than not that, since 31 December 2020, they have entered, attempted to enter
or assisted another person to enter or to attempt to enter a marriage or civil
partnership of convenience (as defined in Appendix EU or Appendix EU (Family
Permit)), you must make a referral to the SRU for consideration of curtailment.
Before referring the case to the SRU, the referring unit must first undertake any
investigation necessary to satisfy themselves on a balance or probabilities, that the
person has entered or attempted to enter into a marriage or civil partnership of
convenience, or assisted another person enter or attempt to enter into a marriage or
civil partnership of convenience take place. Any marriage investigation should be
conducted in accordance with the Marriage Investigations guidance.
If the marriage or civil partnership of convenience conduct was not material to the
grant of EUSS limited leave or an EUSS family permit, and commenced before
11:00pm GMT on 31 December 2020, you need to refer the case to National Returns
Progression Command European Casework for deportation consideration under
public policy or security grounds.
Full details of all removal pathways and related actions on the basis of involvement
in a marriage or civil partnership of convenience are provided in a summary table in:
Marriage Investigations.
Page 44 of 101 Published for Home Office staff on 15 August 2024
See also: Suitability: sham marriage or civil partnership guidance for further
information.
Official – sensitive: start of section
The information in this section has been removed as it is restricted for internal Home
Office use.
The information in this section has been removed as it is restricted for internal Home
Office use.
Official – sensitive: end of section
EUSS limited leave and EUSS family permit leave to enter
curtailment process for the SRU
This section applies where the individual is in the UK at the time of the curtailment
decision.
If you are a caseworker in the SRU, you must familiarise yourself with the full section
of the guidance: Appendix EU and Appendix EU (Family Permit): in-country
curtailment.
If you are an ICE officer, you must also familiarise yourself with this section of the
guidance: Appendix EU and Appendix EU (Family Permit): in-country curtailment,
including the section ‘What to consider before referral to the Status Review Unit’
You must also ensure you familiarise yourself with the: Guidance for Immigration
Enforcement in respect of EU, other EEA and Swiss citizens and their family
members.
Minded to curtail notification letter: EUSS limited leave and EUSS
family permit leave to enter cases
When you (in the SRU) receive a referral for curtailment of EUSS limited leave or
EUSS family permit leave to enter on which you consider it may be appropriate to
take action, you may need to notify the person that you are considering curtailment
of their leave by serving a ‘minded to curtail’ notification letter, setting out the
reasons why curtailment is being considered and allowing them the opportunity to
provide reasons and evidence as to why their leave should not be curtailed.
The ‘minded to curtail’ notification letter must be used in all cases based on fraud or
deception, to allow the person the opportunity to respond to the allegations.
In a marriage or civil partnership termination case, or where the person ceases to
meet the requirements of Appendix EU, you must use the ‘minded to curtail’
Page 45 of 101 Published for Home Office staff on 15 August 2024
notification letter if you decide you need further information or evidence from the
person before making a decision on curtailment.
You must also use the ‘minded to curtail’ notification letter if you decide you need
further information or evidence to assist you in assessing the proportionality of
curtailment.
In using the ‘minded to curtail’ notification letter, you must select a time period of 14
days for the person to respond to the ‘minded to curtail’ notice. If they contact you
with a reasonable request for more time to provide information or evidence, you may
extend the time period, taking into consideration the circumstances and any
evidence provided for this request.
After the deadline you have given the person has passed, you must make a decision
based on all the information and evidence available to you.
What to consider in making an in-country curtailment decision
Where you are considering the curtailment of EUSS limited leave or EUSS family
permit leave to enter, you must be satisfied that it is justified and proportionate to
curtail that leave and you must provide your reasons in the decision letter.
In considering curtailing EUSS limited leave or EUSS family permit leave to enter on
the grounds of false or misleading information, representations or documents being
submitted in an application, or in support of an application, you must consider
whether the false or misleading information, representation or documentation was
material to the decision to grant the person that leave. You must not curtail EUSS
limited leave or EUSS family permit leave to enter if, regardless of the false or
misleading information, representation or documentation the holder would otherwise
be eligible for that leave. You must also only curtail leave if you consider that to be
proportionate in all the circumstances.
For further general information about false representations, see: Suitability: false
representations guidance.
When considering curtailment on the basis that the person ceases to meet the
requirements of Appendix EU, you must assess whether the individual otherwise
meets the requirements of Appendix EU. For example, if considering curtailing a
person’s pre-settled status following their divorce from a relevant EEA citizen, it will
be necessary to consider whether they nevertheless continue to meet the criteria in
Appendix EU, for example on the basis of retained rights (as per the Appendix EU
definition of a ‘family member who has retained the right of residence’).
Under Appendix EU, it is not required that a marriage or civil partnership be
subsisting whilst a couple remain legally married, although it must not be a marriage
or civil partnership of convenience. Curtailment decisions must not be made on the
grounds that a spouse or civil partner has separated from their relevant EEA citizen
family member, if that marriage or civil partnership has not legally ended.
Page 46 of 101 Published for Home Office staff on 15 August 2024
Before curtailing EUSS limited leave on the basis that the person ceases to meet the
requirements of Appendix EU, you must assess whether the individual,
notwithstanding the divorce or dissolution, still satisfies the eligibility criteria under
that appendix. For example, under Appendix EU, they may have become eligible for
settled status by virtue of having completed a continuous qualifying period of
residence of 5 years as the spouse/civil partner of a relevant EEA citizen before the
divorce / dissolution, or they may be eligible for pre-settled or settled status under
the EUSS as a family member who has retained the right of residence, as defined in
Appendix EU. You must also consider in all cases whether it is proportionate to
curtail their leave in light of all the information and evidence available to you.
If you receive a referral where a person or couple have taken part or attempted to
take part in, or have assisted another person to enter or attempt to enter in to a
marriage or civil partnership of convenience, you can consider the relevant conduct
to have started when they are confirmed to have first acted to gain an immigration
advantage through the relationship, for example, this may be when they confirmed
their intention to marry or form a civil partnership. It does not have to be when a
relationship began, or when a marriage or civil ceremony took place. See 'Marriage
Investigations: determining when relevant conduct commenced’.
If, in the SRU, you are unsure whether the case should have been referred to your
team, see: what to consider before referral to the Status Review Unit.
For further information on both non-EUSS sham marriage cases and EUSS
marriage, civil partnership or durable partnership of convenience cases, see section:
Cancellation in sham marriage cases in this guidance.
Where a curtailment decision is taken in respect of EUSS limited leave, or EUSS
family permit leave to enter, a right of appeal will be triggered. See: Right of Appeal.
You must not automatically curtail an individual’s leave in the above situations
because these reasons for curtailment are discretionary. In light of all the information
and evidence available to you, you must consider whether to exercise discretion.
Where you decide that curtailment is not appropriate, you must note that
consideration has been given to curtailment and the reason for this on the person’s
record.
Where you decide that curtailment is appropriate, you must use the relevant EUSS
curtailment template to curtail the person’s leave. See: Service of notices: EUSS
limited leave and EUSS family permit leave to enter curtailment for further
information about the process and next steps.
Service of notices: EUSS limited leave and EUSS family permit
leave to enter curtailment (non-certified)
EUSS limited leave and EUSS family permit leave to enter curtailment decisions
must be sent on the relevant template which sets out the right of appeal. Where the
person is in the UK at the time of the curtailment decision and the decision is not
being certified, these are:
Page 47 of 101 Published for Home Office staff on 15 August 2024
• Curtailment of EUSS limited leave
• Curtailment of EUSS family permit leave to enter
You must select the option which reflects the reason you are curtailing the person’s
EUSS limited leave or EUSS family permit leave to enter and ensure you
demonstrate why you are satisfied that curtailment is proportionate. The ‘next steps’
section sets out the person’s right of appeal. This notice informs the person that they
will not be removed from the UK during the period in which they can appeal or, if
they lodge an appeal, until it has been finally determined (unless you have decided
to certify the removal).
If you decide that, after having reviewed the person’s case, you are not going to
curtail their leave, you must issue the relevant template, either the:
• Reinstated status - NFA on minded to curtail EUSS status
• Reinstated EUSS Family Permit – NFA on minded to curtail EUSS FP
Post Decision Actions
Casework system actions
Following service of an EUSS limited leave or EUSS family permit leave to enter
curtailment decision, you must update the casework system, by selecting the
appropriate case type and case outcome.
Case types: EUSS curtailment
You must choose from the following case types:
• Curtailment EUSS – Dependant
• Curtailment EUSS – Other
• Curtailment EUSS – Spouse/Partner
Case outcomes: EUSS curtailment
Where the person is in the UK at the time of the curtailment decision, and you have
chosen not to certify the decision, you must choose from the following case
outcomes:
• EUSS Curtail – With Immediate Effect
• EUSS Curtailment not Pursued – Compliant
• EUSS Curtailment not Pursued – Non-Compliant
Reinstatement of EUSS limited leave or EUSS family permit leave to
enter
If you are reinstating EUSS leave after it has been curtailed, for example following a
successful appeal of the curtailment decision or a reconsideration of the curtailment
Page 48 of 101 Published for Home Office staff on 15 August 2024
decision, or where a decision to curtail was made in error, you must select the
following outcome:
• EUSS Leave Reinstated
Liability to removal
Where EUSS limited leave or EUSS family permit leave to enter is curtailed, the
person can appeal the decision. They do not have to leave the UK and will not be
removed while they could bring an appeal or while their appeal is in progress, save
for those whose removal has been certified under regulation 16 or 16A of the
Citizens’ Rights Appeals Regulations.
As a result, anyone (other than those whose removal has been certified under
regulation 16 or 16A of the Citizens’ Rights Appeals Regulations) who has their
EUSS limited leave or EUSS family permit leave to enter curtailed, will only become
removable under section 10(1) of the Immigration and Asylum Act 1999 (as a person
who requires but does not have leave to enter or remain in the UK) once they
become Appeal Rights Exhausted (ARE). This means where no appeal has been
lodged within the time frame for bringing an appeal, or if an appeal is lodged, where
it has been finally determined.
National Returns Progression Command (NRPC) will need to take a separate
decision on the person’s removal from the UK. If they remain liable to removal,
NRPC must serve the person with a notice of liability to remove. This notice contains
a section 120 notice which gives the person the opportunity to provide any reasons
why they should be allowed to stay in the UK. Any such reasons must be considered
and addressed prior to any removal action.
Further information on the EUSS can be found in the EU Settlement Scheme EU,
other EEA, Swiss citizens and family members guidance.
Appendix S2 Healthcare Visitor
In the statement of changes to the Immigration Rules which was published on 22
October 2020, changes were made to part 9 (Grounds for Refusal) of the
Immigration Rules. Part 9 of the Immigration Rules does not apply to Appendix S2
Healthcare Visitor. See also: S2 Healthcare Visitor guidance for further information.
Appendix S2 Healthcare Visitor to the Immigration Rules applies in respect of the
cancellation of entry clearance, permission to enter or permission to stay, granted to
an individual under this appendix. The changes at Appendix S2 Healthcare Visitor
took effect on 1 December 2020.
The cancellation grounds for an S2 Healthcare Visitor are:
HV 11.1. An S2 Healthcare Visitor’s entry clearance, permission to enter or
permission to stay may be cancelled where the decision maker is satisfied that it is
proportionate to cancel that entry clearance or permission where:
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(a) the cancellation is justified on grounds of public policy, public security or public
health, on the basis of the person’s conduct on or before 11pm on 31 December
2020, in accordance with regulation 27 of the EEA Regulations, irrespective of
whether the EEA Regulations apply to that person (except that in applying this
provision for an 186 “EEA decision” read “a decision under paragraph HV 11.1 of
Appendix S2 Healthcare Visitor”); or
(b) the cancellation is justified on the ground that it is conducive to the public
good, on the basis of the person’s conduct after 11pm on 31 December 2020; or
(c) the cancellation is justified on grounds that, in relation to an application made
under this Appendix, and whether or not to the applicant’s knowledge, false or
misleading information, representations or documents were submitted (including
false or misleading information submitted to any person to obtain a document
used in support of the application) and the information, representation or
documentation was material to the decision to grant the applicant entry clearance,
permission to enter or permission to stay under this Appendix; or
(d) they cease to meet the requirements of Appendix S2 Healthcare Visitor; or
(e) they have breached a condition of their permission as set out in HV 10.3.
unless entry clearance or further permission was granted in the knowledge of the
breach.
Appeal and administrative review
S2 Healthcare Visitors have a right of appeal against a cancellation decision, but
where a decision has been made to cancel their permission on or after the 5 October
2023, they do not have a right to seek an administrative review.
For further information on the right of appeal and right to administrative review
(including for eligible decisions made before the 5 October 2023 which carry a right
of administrative review) for an S2 Healthcare Visitor see:
• S2 Healthcare Visitor
• Rights of Appeal
• Administrative review EU Settlement Scheme, Service Providers From
Switzerland and S2 Healthcare Visitors
• Administrative Review
Appendix Service Providers from Switzerland
In the statement of changes to the Immigration Rules which was published on 22
October 2020, changes were made to part 9 (Grounds for Refusal). Part 9 of the
Immigration Rules does not apply to Appendix Service Providers from Switzerland.
See also: Service Providers from Switzerland guidance for more information.
Appendix Service Providers from Switzerland to the Immigration Rules applies in
respect of the cancellation of entry clearance or permission, granted to a person
individual under that appendix. The changes at Appendix Service Providers from
Switzerland took effect on 1 December 2020.
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The cancellation grounds for those granted entry clearance or permission under
Appendix Service Providers from Switzerland are:
SPS 9.1. A person’s entry clearance or permission as a Service Provider from
Switzerland may be cancelled where the decision maker is satisfied that it is
proportionate to do so where:
(a) the cancellation is justified on grounds of public policy, public security or public
health, on the basis of the person’s conduct on or before 11pm on 31 December
2020, in accordance with regulation 27 of the EEA Regulations, irrespective of
whether the EEA Regulations apply to that person (except that for an “EEA
decision” read “a decision under paragraph SPS 9.1”); or
(b) the cancellation is justified on the ground that it is conducive to the public
good, on the basis of the person’s conduct after 11pm on 31 December 2020; or
(c) the cancellation is justified on grounds that, in relation to an application made
under this Appendix, and whether or not to the applicant’s knowledge, false or
misleading information, representations or documents were submitted (including
false or misleading information submitted to any person to obtain a document
used in support of the application) and the information, representation or
documentation was material to the decision to grant the application under this
Appendix; or
(d) the cancellation is justified on grounds that the person has breached a
condition of their permission as set out in SPS 8.4. unless further permission was
granted in the knowledge of the breach; or
(e) the cancellation is justified on grounds that the applicant or the eligible
company or employer ceases to satisfy the Service Requirement at SPS 4.1. to
SPS 4.6. or the 90 day limitation requirement at SPS 5.1.; or
(f) an agreement dealing with the movement of natural persons for the purposes
of the supply of services in accordance with the parties’ rights and obligations
under the General Agreement on Trade in Services of the World Trade
Organisation is concluded and applied between the UK and Switzerland.
Appeal and administrative review
Service Providers from Switzerland do not have a right of appeal against a
cancellation decision. Where a decision has been made to cancel their permission
on or after the 5 October 2023, they have a right to seek an administrative review
only on select grounds.
For further information on administrative review (including for eligible decisions made
before the 5 October 2023 which carry a right of administrative review) see:
• Service Providers from Switzerland
• Rights of Appeal
• Administrative review EU Settlement Scheme, Service Providers From
Switzerland and S2 Healthcare Visitors
• Administrative Review
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Appendix Electronic Travel Authorisation
An electronic travel authorisation (ETA) can be cancelled on any of the following
grounds. You must note that the following cancellation grounds are mandatory, that
is, you must cancel the person’s ETA where the cancellation ground applies. See:
Immigration Rules Appendix Electronic Travel Authorisation.
Cancellation on exclusion or deportation order grounds
ETA 5.1. An ETA held by a person must be cancelled where:
(a) the Secretary of State has personally directed that the applicant be excluded
from the UK; or
(b) the applicant is the subject of an exclusion order, or
(c) the applicant is the subject of a deportation order, or a decision to make a
deportation order.
Cancellation on criminality grounds
ETA 5.2. An ETA held by a person must be cancelled where the person:
(a) 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; or
(b) has been convicted of a criminal offence in the UK or overseas unless more
than 12 months has passed since the date of conviction
Cancellation on non-conducive grounds
ETA 5.3. An ETA held by a person must be cancelled where the person’s presence
in the UK is not conducive to the public good because of their conduct, character,
associations or other reasons (including convictions which do not fall within the
criminality grounds).
Cancellation on breach of immigration laws grounds
ETA 5.4. An ETA held by a person must be cancelled if, when they were aged 18 or
over, the holder:
(a) overstayed their permission (unless any of the exceptions apply as stated in
the Appendix); or
(b) breached a condition attached to their permission and entry clearance or
further permission was not subsequently granted with knowledge of the breach; or
(c) was (or still is) an illegal entrant; or
(d) used deception in relation to an immigration application (whether or not
successfully).
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Cancellation on false representations, etc. grounds
ETA 5.5. An ETA held by a person must be cancelled where in relation to an ETA
application:
(a) false representations were made, or false documents or false information
submitted (whether or not relevant to the application, and whether or not to the
applicant’s knowledge); or
(b) relevant facts were not disclosed.
Cancellation due to debt to the NHS
ETA 5.6. An ETA held by a person must be cancelled where a relevant NHS body
has notified the Secretary of State that the holder has failed to pay charges under
relevant NHS regulations on charges to overseas visitors and the outstanding
charges have a total value of at least £500.
Cancellation due to unpaid litigation costs
ETA 5.7. An ETA held by a person must be cancelled where the holder has failed to
pay litigation costs awarded to the Home Office.
Cancellation of an ETA where validity requirements are not met
ETA 5.8. An ETA held by a person may be cancelled where it has been issued and
one or more of the requirements of ETA 1.1. and ETA 1.2. were not met either at the
time of the application or subsequently.
Appeal and administrative review
There is no right of appeal or right of administrative review against a decision to
refuse or cancel an ETA. The only right of appeal against such a decision is by way
of an application for judicial review. But note that cancellation of an ETA will not on
its own result in the cancellation of the person’s leave. The ETA process is separate
from the application for, and grant of, leave.
Related content
Contents
Immigration Rules: Part 9 Grounds for Cancellation
Part 9 cancellation grounds: appendices and application
Cancellation decisions: case considerations and use of discretion
Cancellation procedures in specific case types
Service of a cancellation decision
Related external links
Immigration (European Economic Area) Regulations 2016
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Cancellation decisions: case
considerations and use of discretion
This page tells caseworkers the additional things they have to consider before
cancelling an individual’s permission to enter or stay in the UK.
Page contents
Requesting further information before cancelling
Use of discretion when considering cancellation
Curtailment of discretionary leave and leave outside the rules
Deciding the date of expiry for cancelled permission
Before you decide to cancel an individual’s permission to enter or stay in the UK
there may be other factors that you have to take into consideration before you make
your final decision, for example:
• requesting further information before cancelling
• safety issues in contacting the UK settled spouse or partner
• discretionary leave and leave outside the rules:
o if an individual is not having their leave curtailed immediately
o they have less than 60 days remaining when an individual is outside the UK
• when not to cancel all of an individual’s permission
• using discretion when considering cancellation
Requesting further information before cancelling
The Court of Appeal in the case of Balajigari v Home Secretary [2019] EWCA Civ
673 found that in certain cases where the Secretary of State is considering refusing
an application, or cancelling permission, on the basis of false representations, etc.
the applicant must be given an opportunity to address any allegation before a
decision to cancel is made. See also: Suitability: false representations, deception,
false documents, non-disclosure of relevant facts.
When to consider asking for further information
You should make a cancellation decision on the basis of the available information,
providing that is sufficient to inform your decision. In the majority of cases, you will
be able to make a decision after reviewing the available information but in some
circumstances, it may be appropriate for you to ask an individual to provide
additional information before making a cancellation decision. For further information
on when to consider asking for further information see:
• Suitability: Section 5 additional grounds for cancellation of entry clearance,
permission to enter and permission to stay
• Deciding the date of expiry for cancelled permission
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For further information on finding a suitable address and the order of preference in
which addresses should be used, see: Service of a cancellation decision.
You must note that an applicant may appoint a legal representative, or change their
legal representative, when they receive a request for further information.
Conducting interviews in advance of cancellation action
As noted under ‘requesting further information before cancelling’, there are certain
cases where the Secretary of State must give an applicant the opportunity to
address an allegation before a decision to cancel is made. UKVI staff will primarily
follow the minded to cancel process and serve a minded to cancel notification letter,
or conduct an interview, as appropriate. See sections ‘procedural fairness’ and
‘minded to refuse interviews’ in: Suitability: false representations, deception, false
documents, non-disclosure of relevant facts.
The section below applies to Immigration Compliance and Enforcement (ICE) staff
who conduct interviews with individuals upon encounter, when they are considering
cancelling the individual’s extant permission. See also: Enforcement Interviews.
The interview process in cancellation for deception cases or breach
of conditions cases
Allegations of conduct that could lead to permission being cancelled and require an
interview to be carried out prior to taking cancellation action, include, but are not
limited to:
• allegations of deception, in any application for permission to enter or stay
• breach of conditions:
o for example, working in breach of permitted hours
o working when this is not permitted, for example when in UK as a visitor
If you are considering cancelling a person’s permission with immediate effect you
must:
• put the allegation to the person, that is, explain why you think cancellation may
be appropriate, and
• give the person the opportunity to respond to the allegation
For further details on when it may be appropriate to cancel permission with
immediate effect, see: ‘cancellation of permission with immediate effect’ and
‘cancellation with immediate effect on discretionary grounds’.
This process is part of your examination under Schedule 2 of the Immigration Act
1971 powers, and may on its own, be termed a ‘minded to cancel interview’.
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Operational constraint issues
Where operational constraints do not allow for a ‘minded to cancel interview’ at the
point of encounter, for example, where there is limited team resource to carry out the
interviews immediately due to the number of persons encountered, or you do not
have sufficient information to make a decision, but you consider cancellation may be
appropriate, you must refer the case to the Status Review Unit in line with the below
instruction.
Where you have information in advance of an enforcement visit, such as at the
Tasking and Co-ordination Group/planning stage, that the number of persons
encountered, or likely to be encountered, will be so substantial that your team know
that it will not be possible to carry out the ‘minded to cancel’ interview for all persons
due to be encountered on the enforcement visit, you must liaise with Status Review
Unit to provide them with as much notice as possible of incoming referrals.
Referral to the Status Review Unit
Note that referrals of more than 50 cases must be discussed with the Status Review
Unit in advance of referral.
Any cohorts of referrals to the Status Review Unit with fewer than 50 cases may be
referred via email to Status Review Unit without prior agreement. See: curtailment
cancellation referral form. However, please note referrals to the Status Review Unit
should only be made where Immigration Enforcement do not have operational
capacity to deal with the case. Referrals to the Status Review Unit for potential
cancellation action must be accompanied by any relevant evidence or
documentation.
Official – sensitive: start of section
The information in this section has been removed as it is restricted for internal Home
Office use.
Official – sensitive: end of section
Use of discretion when considering cancellation
In cases where the reasons for cancellation are discretionary, you must not
automatically cancel an individual’s entry clearance or permission if there are
reasons that suggest it may not be appropriate to do so.
It is the Secretary of State’s responsibility to establish the reasons why an
individual’s entry clearance or permission is to be cancelled. You must establish the
relevant facts and then carefully consider all an individual’s relevant circumstances
and the proven facts of the case before you make a final decision.
You must consider any other facts or evidence about the individual’s circumstances,
such as those recorded on Atlas, provided with an application or stored on a case file
that is relevant to your decision.
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In cases where you must consider discretion, you must record your consideration
and the reasons for your decision on whether to exercise discretion on the casework
system. You must also explain your decision on whether you exercised discretion in
the decision letter, so an individual can see that you considered the circumstances of
their case.
See sample wording on exercise of discretion for inclusion in decision letters, where
you have exercised your discretion and you have decided that cancellation action is
justifiable and proportionate:
I have considered whether to exercise discretion regarding the cancellation of your
entry clearance/permission. It is not considered that the circumstances in your case
are such that discretion should be exercised in your favour because [insert reasons
why you are not applying discretion, taking into consideration the full facts and
circumstances of the case].
This will need to be tailored to the facts and circumstances of the case.
You must refer cases to a Higher Executive Officer (HEO) Senior Caseworker when
either:
• you are unsure whether the evidence is good enough to justify cancellation
• there are exceptional circumstances, such as the case involving young children
Exceptional or compassionate circumstances
Cancellation may still be appropriate where there are compassionate or exceptional
circumstances. It may be appropriate to expect an individual to apply to regularise
their stay in another category more appropriate to their circumstances.
For example, where an individual is unable to leave the UK due to pregnancy,
serious illness or a serious medical condition, they should make an application for
permission to stay in another category or for leave outside the Immigration Rules to
regularise their stay if, in view of their condition, it would be reasonable to expect
them to be able to make such an application.
Pregnancy, serious illness or serious medical conditions
When you make a decision to cancel the permission of an individual who is pregnant
(or has just given birth), has a serious illness or a serious medical condition, you
must consider whether you should apply your discretion to allow them more than 60
days permission to stay in the UK.
There must be exceptional compassionate circumstances for you to apply discretion.
The nature of the pregnancy, serious illness or serious medical condition must be
such that it prevents an individual from:
• applying for further permission (if required)
• leaving the UK before the expiry of the 60 days permission to stay in the UK
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Factors to include when you consider applying discretion:
• whether the pregnancy, serious illness medical condition mean that an
individual is currently unfit to travel by air
• whether there are there any other methods of travel that an individual could
realistically use
• how soon an individual will be able to travel
• in view of their circumstances, whether an individual could reasonably be
expected to make an application for further permission to stay in a more
appropriate immigration category
You may request further evidence, for example a letter from an appropriately
qualified medical professional such as a National Health Service (NHS) consultant, if
you need more information before you make a decision on whether to exercise
discretion for this reason. You must ask your manager for advice if you are unsure
about whether to request evidence.
Examples of exceptional compassionate circumstances could include:
• an individual who has been involved in a serious accident and is receiving
critical care where making arrangements for their removal before they have
recovered could result in risk to–their life - an individual is too unwell to make
an application for permission to stay in the UK
• an individual in a coma with a good prognosis of regaining consciousness and
being able to travel or make a fresh application within the next few months
• where an individual is receiving treatment for a serious medical condition in the
UK which prevents them from travelling or making a fresh application, and that
treatment has a definitive end date in the next few months after which they
could travel or make a fresh application
You would not normally exercise discretion in the following examples:
• where an individual has kidney failure, needs dialysis and wants to stay in the
UK on the basis of receiving treatment for this condition
• where an individual has a long-term disability which they had when they came
to the UK
• an individual is pregnant and unable to travel due to the late stage of the
pregnancy, but is otherwise well and could reasonably be expected to make an
application for permission to stay in the UK in a different immigration category
When you consider exercising discretion when cancelling an individual’s permission
to stay in the UK you must remember that being pregnant, having a serious illness or
a serious medical condition does not generally stop somebody travelling but may
require forward planning with travel operators.
You must cancel an individual’s permission to stay in the UK if appropriate and the
Home Office can make reasonable arrangements for an individual to leave despite
their pregnancy, serious illness or serious medical condition. If you need further
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advice on what is considered reasonable in a specific case, you must discuss it with
your manager.
Pregnancy and post pregnancy
When you make a decision to cancel a pregnant individual’s permission to stay in the
UK, they may not be able to leave the UK before the expiry of 60 days permission to
stay because:
• they are at a late stage in their pregnancy and no longer able to travel:
• most airlines will allow women to fly up to 35 to 36 weeks into their pregnancy
but some will not let pregnant passengers fly over 28 weeks without a letter
from a registered doctor which confirms they are fit to fly
• they have just given birth and need time to recover before they are fit and able
to travel
In these circumstances you must cancel permission to stay to the earliest period an
individual is expected to be either fit to travel or to apply for further permission to
stay.
For example, if an individual is pregnant, it would not be appropriate for the new
permission expiry date to fall during the period where they are unable to fly (36
weeks and over), unless it is reasonable for her to leave the UK by other means (rail
or boat).
The International Air Transport Association (IATA) guidelines allow airlines to carry
pregnant women past 32 weeks into the pregnancy, but this may be different when
the mother is carrying twins, multiple babies or where there are known
complications.
You must consider the mother and baby’s fitness to fly after the birth. There is no
clear rule on how soon after giving birth a woman can travel. In general women who
have a normal birth can travel one to 2 weeks after delivery and those who have had
a caesarean section can travel 3 to 4 weeks after delivery.
If an individual claims to be unfit to travel beyond this period you must ask her to
provide evidence from an appropriately qualified medical professional, such as an
NHS consultant, to confirm this.
You must get authorisation from a senior caseworker before you use discretion in
this way. When you have authorisation, the decision letter must set out the full
reasons for your decision.
Curtailment of discretionary leave and leave outside the
rules
You can only curtail discretionary leave or leave outside the rules under section
3(3)(a) of the 1971 Immigration Act instead of under the Immigration Rules. You
must not curtail discretionary leave or leave outside the rules using the general
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grounds set out under section 2 of Part 9 of the Immigration Rules. This is because
the leave was granted outside the rules (and therefore they do not apply).
For further information about discretionary leave, see Discretionary leave guidance.
For more information about leave outside the rules, see Leave outside the rules
guidance.
When you curtail discretionary leave or leave outside the rules, you must use the
wording shown in Curtailment wording: discretionary leave or leave outside the rules
in the notice of decision.
You must make sure that the letter reflects the current policy on discretionary leave.
Deciding the date of expiry for cancelled permission
Circumstances for which you must consult a Senior
Caseworker
You must refer an individual’s case to a Senior Caseworker for review where any
action is being taken outside of the ‘ordinary’ approach. The following list is not
exhaustive but includes where:
• permission is being cancelled immediately but otherwise this would normally be
to 60 days
• permission is being cancelled to more than 60 days
• there are safeguarding issues
• the case is high profile
• there is a risk of domestic violence
Cancellation of permission with immediate effect
You must cancel permission to enter or stay in the UK with immediate effect if:
cancellation is mandatory under paragraphs 9.2.2, 9.3.2, 9.4.2 of the Immigration
Rules where an individual has:
• been excluded from the UK
• their presence in the UK is not conducive to the public good
• they have been convicted of a criminal offence in the UK or overseas for which
they have received a custodial sentence of 12 months
• they are a persistent offender
• they have committed a criminal offence or offences which caused serious harm
With the exception of the mandatory cancellation grounds in Part 9 of the
Immigration Rules outlined above, where cancellation must be with immediate effect,
the remaining cancellation grounds under Part 9 of the Immigration Rules are
discretionary. See: Part 9 mandatory and discretionary cancellation grounds for
further information.
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In discretionary cancellation cases where you would normally cancel permission with
immediate effect, you may cancel so that an individual has permission to stay in the
UK remaining if there are circumstances which mean that it is not appropriate to
cancel with immediate effect. For more information on such circumstances, see use
of discretion when considering cancellation.
You must take care to use the correct cancellation decision letter template. For more
information on the correct template to use, see Cancellation: case specific letter
template wording.
You must note that this particular section does not refer to curtailment or cancellation
under Appendix EU, Appendix EU (Family Permit), Appendix S2 Healthcare Visitor
or Appendix Service Providers from Switzerland. For further information on
curtailment or cancellation under these appendices, see: Cancellation and
curtailment grounds: appendices and annexes.
Cancellation with immediate effect on discretionary grounds
The following list is not exhaustive, but for discretionary cancellation grounds,
immediate cancellation will normally be appropriate where:
• an individual has been complicit in the reason for cancellation, such as cases
where:
o a PBS individual was complicit in the actions that resulted in their sponsor
losing their licence
o a PBS individual was complicit in the actions that resulted in their sponsor
withdrawing their sponsorship, for example where the individual does not
start, or ceases to work or study with their sponsor with no reasonable
explanation and evidence - a reasonable explanation and evidence from the
individual may include, but is not limited to, long-term sickness, or a family
emergency, similar to the section on ‘exceptional or compassionate
circumstances’ - where such a reasonable explanation and evidence is
provided, you may need to consider cancellation to 60 days, see:
‘cancellation: points-based system: 60 days permission remaining’
o there is evidence that an individual has fraudulently obtained their
permission to enter or stay in the UK and this was material to the decision to
grant their permission
o an individual has been involved in a sham marriage or civil partnership
• the level of non-compliance merits immediate cancellation, such as cases
where:
o an individual sponsored on a PBS route who has been dismissed by their
employer or excluded by their academic sponsor for gross misconduct which
is serious enough to mean that they should not be granted 60 days
permission to switch to another sponsor
o an individual sponsored on a PBS route whose sponsor ceased trading more
than 60 days ago has not switched to another sponsor
• an individual poses a significant risk to a member or members of the public
which means that immediate cancellation is appropriate, such as:
o breakdown of relationship cases where there is evidence that the settled
spouse has been a victim of domestic violence
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If, having considered all the relevant circumstances, you decide to cancel, you
should normally cancel permission with immediate effect in such cases, unless there
are circumstances which mean that permission should be cancelled so that an
individual has a period of permission to stay in the UK remaining (normally 60 days,
see Cancelling permission: points-based system: 60 days permission remaining).
You must take care to use the correct cancellation decision letter template. For more
information on the correct template to use, see Cancellation decisions: case specific
letter template wording.
Discretionary cancellation: reasons outside an individual’s
control
In cases where cancellation is discretionary, if your decision is to cancel an
individual’s permission but either:
• the reasons why permission is being cancelled are outside the individual’s
control
• it is not clear that an individual has failed to comply with the conditions of their
permission
It will normally be appropriate to leave an individual with 60 days permission to stay
in the UK. This will allow them either to make an application for further permission to
stay or make arrangements to leave the UK. For example:
• when a college decides not to run, or withdraws, a course
• if a sponsor loses their licence and an individual was not knowingly involved in
the actions that resulted in their sponsor losing their licence
• in breakdown of relationship cases where there is no evidence that the settled
spouse has been the victim of domestic violence
Cancellation: individual has a period of permission remaining
Cancellation cannot be used to extend permission to enter or stay in the UK beyond
the current date the permission is due to expire, see: Patel (Tier 4 – no ’60-day
extension’) India [2011] UKUT 00187 (IAC).
You must never cancel permission and give a new expiry date for the permission
that extends an individual’s permission beyond the original expiry date of their
permission.
It follows that if you intend to cancel permission to 60 days you must only do so if an
individual will have more than 60 days permission remaining on the date that they
will receive the decision.
The same principle applies if you are considering cancelling permission so that an
individual has more than 60 days permission remaining. For example, if you are
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deciding to cancel permission to 90 days an individual must have more than 90 days
permission remaining on the date that they will receive the decision.
Cancellation: points-based system: 60 days permission
remaining
You must consider cancelling permission to 60 days if an individual granted on a
points-based system (PBS) route has failed to start, or ceased work or study, unless
you decide it is appropriate to cancel permission with immediate effect (for one or
more of the reasons set out above) or to a different date.
If you are cancelling an individual’s permission because their employment,
volunteering, training or job shadowing will end before the date recorded on the
certificate of sponsorship, you must cancel their permission to the new end date plus
any wrap-up period that was originally allowed.
Cancelling permission: student or child student
If you are cancelling a student or child student’s permission because their studies will
end earlier than originally expected, you must cancel their permission to the new end
date for the studies plus any wrap up period that was originally allowed. For
example, if an individual was originally granted permission until the end date of
employment plus 14 days, you must cancel permission to expire 14 days after the
new end date of employment.
If you are cancelling a student’s permission because they have successfully
completed their course early, you should normally cancel permission so that the
individual is left with the same wrap-up period of permission after the new course
end date as the period they were originally granted based on their original course
end date. For example, if a student was originally granted permission with a wrap-up
period that would have expired 4 months after the end date of their studies, you
should normally cancel their permission such that they have 4 months permission
remaining after the new end date of their studies.
Cancellation: individual has over 60 days permission remaining
You can cancel permission so an individual has more than 60 days permission to
stay in the UK remaining, but you should only normally do so if there are exceptional
compassionate circumstances that mean:
• an individual would be in a vulnerable position if you cancelled their permission
to stay in the UK to 60 days or with immediate effect
• more time is needed so as to protect the welfare of a child affected by the
decision under section 55 of the Nationality, Immigration and Asylum Act 2002:
o for example, an individual has a dependent child and permission should be
cancelled to a different date to allow the child to complete a course of
medical treatment or academic exams before departing
• an individual is pregnant, seriously ill or has a serious medical condition which
means they are unable to either:
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o apply for further permission (if required)
o leave the UK before the expiry of their 60 days permission - for more
information on this, see use of discretion when considering cancellation
• an individual is pregnant and they are unable to leave the UK before the expiry
of their 60 days permission, because they either:
o are at a late stage in their pregnancy and no longer able to travel
o has just given birth and needs to recover before they are fit and able to
travel, for more information on this, see use of discretion when considering
cancellation
You must get authorisation from a senior caseworker before you use discretion in
this way. When you have authorisation, you must set out the full reasons for your
decision in the decision letter.
Calculating the new date of expiry for permission cancelled to
60 days (or other period)
For more information on calculating the new date of expiry for permission cancelled
to 60 days (or other period) see: Suitability: section 5 additional grounds for
cancellation of entry clearance, permission to enter and permission to stay.
Cancellation decision notices: information to include
If, after having given full consideration to the facts and circumstances of the case,
you decide that cancellation action is appropriate, you must include the following on
a cancellation decision letter, or on a Notice of Liability to Remove (NOL) where you
are cancelling permission with immediate effect:
• the ground for cancellation (for example, on the basis of ‘failing to comply with
the conditions of permission’)
• the reason for cancellation in detail (that is, explain why you are taking
cancellation action, including any facts, information and evidence to support
your decision)
• exercise of discretion, where the cancellation ground is discretionary (that is,
why you have decided it is appropriate to cancel the person’s permission)
• the date the permission expires as a result of the cancellation action
For further information on using a NOL to cancel a person’s permission see:
Enforced removals – notice periods.
Note that where you are cancelling permission extended by 3C, you must follow the
3C guidance.
Authority to cancel permission using a NOL
Where an Immigration Officer (IO) is using the NOL to cancel a person’s permission
to enter or stay with immediate effect, authorisation is required from a Chief
Immigration Officer (CIO). In Scotland, the power to cancel permission must only be
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exercised by an officer who has been substantively appointed to the specified
grade/rank. For further information see: Enforced removals – notice periods.
Related content
Contents
Cancellation procedures in specific case types
Service of a cancellation decision
Safeguard and promote child welfare
Related external links
Immigration Act 1971
Nationality, Immigration and Asylum Act 2002
Page 65 of 101 Published for Home Office staff on 15 August 2024
Cancellation procedures: casework
system actions
This page tells caseworkers the required casework system actions when cancelling
an individual’s permission to enter or stay in the UK.
When you consider cancelling an individual’s permission, you must:
• update the casework system to show you are considering cancelling
permission:
o if you decide to cancel, you must complete the required casework system
actions and ensure the reason for cancellation is reflected
o if you decide not to cancel you must add your reasons why to the casework
system
o if you require further information before you make a decision, note what you
are asking for, why you are asking for it and the deadline given for a
response, to the casework system
• check whether there is an outstanding application for permission to stay in the
UK which is undecided:
o if there is, you must liaise with the team considering the application for
permission to stay in the UK - the application must be decided first because
if permission is granted, cancellation may not be necessary - the team
considering the application may also need to consider the cancellation
grounds as part of their consideration, for example where there is evidence
of adverse behaviour which mean the application should be considered for
refusal on general grounds
• leave extended by section 3C can only be cancelled on the grounds that the
applicant has either:
o failed to comply with a condition attached to the leave
o has used or uses deception in seeking leave to remain (whether successfully
or not)
• consider the case as soon as possible if there is evidence to suggest an
individual is violent or their actions are a cause for concern - for example, it
might be a case in which an individual has been convicted of an offence
involving violence, but it does not meet the criteria for Foreign National
Offender Returns Command to pursue deportation
• cancel an individual’s permission with immediate effect, if the ground is
mandatory, see: Part 9 mandatory and discretionary cancellation grounds
• write to an individual for clarification, if you do not have enough information to
make the decision, set a reasonable deadline for an individual to respond
(normally 10 days will be sufficient for straightforward requests for information
an individual can easily access, although a longer deadline of 28 days may be
appropriate if the information requested is extensive or harder to get) - for more
information on this, see: Requesting further information before cancelling
• consider cancellation if, when requested, an individual does not reply within the
deadline or does not send enough information to show either:
o they continue to qualify for the permission they were granted
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o there are exceptional reasons why cancellation would be inappropriate
• discuss with managers when you are unsure if there is sufficient evidence
For information on cancelling leave extended by section 3C see the section
cancelling 3C leave in Leave extended by section 3C (and leave extended by section
3D in transitional cases).
The higher executive officer (HEO) or senior executive officer (SEO) must note on
the casework system the reason for any action taken when they endorse the
decision.
For information on the processes and procedures to follow when cancelling
permission in points-based system, sham marriage, marriage breakdown and
dependants cases, see: Cancellation procedures in specific case types.
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The information in this section has been removed as it is restricted for internal Home
Office use.
The information in this section has been removed as it is restricted for internal Home
Office use.
The information in this section has been removed as it is restricted for internal Home
Office use.
Official – sensitive: end of section
Related content
Contents
Cancellation decisions: case considerations and use of discretion
Cancellation procedures in specific case types
Cancellation decisions: case specific letter template wording
Transfer or refer a case
Service of a cancellation decision
Related external links
Immigration Act 1971
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Cancellation procedures in specific
case types
This page tells caseworkers about the cancellation processes and procedures in
specific case types, including how to make referrals to the relevant casework team
where required.
Page contents
Criminality grounds: referrals to Foreign National Offender Returns Command (FNO
RC)
Cancellation in sham marriage cases
Ceasing to meet rules requirements: relationship breakdown
Cancellation in points-based system (PBS) cases
Cancelling the permission of dependants
Criminality grounds: referrals to Foreign National Offender
Returns Command (FNO RC)
Before you consider cancellation under Criminality grounds, you must check whether
you need to refer the case to FNO RC to make an enforcement decision. For more
information on referring a case to FNO RC, see the relevant section on: Foreign
National Offender Returns.
There is more information on the Immigration and Asylum Act 1999 and enforcement
instructions on people liable to administrative removals under section10.
Cancellation or curtailment in sham marriage or marriage
of convenience cases
In a sham marriage or civil partnership case, or a marriage, civil partnership or
durable partnership of convenience case, the removal pathway is dependent on the
immigration status of the person, and when the relevant conduct commenced, as
outlined in the removal pathways section of the Marriage Investigations guidance.
If deportation is being pursued, it is not necessary to cancel or curtail extant leave,
as the deportation order invalidates any permission the person already holds.
However, if a person with permission to enter or stay would be liable for removal by
administrative removal following their involvement in sham marriage conduct
(because they entered or attempted to enter a sham marriage themselves, or
assisted another person to enter or attempt to enter a sham marriage), you must first
consider whether it is proportionate to cancel or curtail their leave; likewise in a
marriage, civil partnership or durable partnership of convenience case.
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The grounds used to cancel or curtail permission will depend on the person’s
immigration status, whether the conduct was material to the grant of their own
permission, and when the relevant conduct commenced:
• where the person has EUSS limited leave (known as pre-settled status), and
the relevant conduct was not material to the grant of that leave, curtailment will
be on marriage, civil partnership or durable partnership of convenience grounds
(rule A3.4.(b) of Annex 3 to Appendix EU) - this only applies to relevant conduct
which started after 31 December 2020, as those whose relevant conduct
started before 31 December 2020 would be considered for deportation instead
• where the person has leave to enter granted by virtue of having arrived in the
UK with an EUSS family permit, and the relevant conduct was not material to
the grant of the family permit, cancellation will be on marriage, civil partnership
or durable partnership of convenience grounds (rule A3.5.(b) of Annex 3 to
Appendix EU (Family Permit) - this only applies to relevant conduct which
started after 31 December 2020, as those whose relevant conduct started
before 31 December 2020 would be considered for deportation instead. See
also Appendix EU and Appendix EU (Family Permit): in-country curtailment
• where the person has EUSS limited leave (pre-settled status), but the relevant
conduct involved or amounted to deception that was material to the grant of
that leave, curtailment will be on the basis of material false or misleading
information or representation (rule A3.4.(a) of Annex 3 to Appendix EU). The
relevant conduct may have commenced at any time in such cases
• where the person has leave to enter granted by virtue of having arrived in the
UK with an EUSS family permit, but the relevant conduct involved or amounted
to deception that was material to the grant of that EUSS family permit,
curtailment will be on the basis of material false or misleading information or
representation (rule A3.5.(a) of Annex 3 to Appendix EU (Family Permit)) - the
relevant conduct may have commenced at any time in such cases. See also
Appendix EU and Appendix EU (Family Permit): in-country curtailment
• where the person has entry clearance or permission as a Service Provider from
Switzerland or under Appendix S2 as a Healthcare Visitor, but the relevant
conduct involved or amounted to deception that was material to the grant of
their permission or entry clearance, cancellation will be on the basis of material
false or misleading information (rule SPS 9.1(c) or rule HV11.1(c))
• where the person has entry clearance or permission as a Service Provider from
Switzerland or under Appendix S2 as a Healthcare Visitor, the relevant conduct
was not material to the grant, and it occurred after 31 December 2020, you
must consider whether cancellation is justified on the ground that it is conducive
to the public good (rule SPS 9.1(b) or HV11.1(b)): see Appendix S2 Healthcare
Visitors and Appendix Service Providers from Switzerland in this guidance
• where the person holds permission to stay in the UK granted to them through
another route (outside Appendix EU, Appendix EU (Family Permit), Appendix
FM, Appendix Service Provider from Switzerland and Appendix S2 Healthcare
Visitor) cancellation will be under the discretionary sham marriage grounds of
paragraph 9.6.2 of section 2 of Part 9 to the Immigration Rules, where it is
justified
If you cancel permission on sham marriage grounds, cancellation should normally be
with immediate effect rather than to 60 days or another period, as the individual has
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been responsible for the actions which justify the cancellation of their permission. For
more information see: Deciding the date of expiry for cancelled permission. Note
however that those who have their EUSS limited leave (pre-settled status) curtailed
in-country will have their leave extended while they have a pending appeal right or a
pending appeal under the Citizens’ Rights Appeals Regulations. See: Appendix EU
and Appendix EU (Family Permit): in-country curtailment.
For further information on sham marriage cases see: Suitability: Sham marriage or
civil partnership guidance.
Immigration Compliance and Enforcement (ICE) team referral
process
A process has been set up for ICE teams to refer individuals with permission to enter
or stay in the UK for consideration of immediate cancellation where they have
grounds to suspect individuals are involved in sham marriage.
This process does not apply to curtailment or cancellation of leave which has
been granted under Appendix HM Armed forces, Appendix EU, Appendix EU
(Family Permit), Appendix S2 Healthcare Visitor or Appendix Service Providers
from Switzerland.
Some examples of when an individual was involved in a sham marriage are when
they:
• are one of the parties who is getting married
• introduced the 2 parties who are getting married, knowing the marriage to be a
sham
• acted as a witness to the sham marriage, knowing it to be a sham
• acted as a guest to make the sham marriage appear genuine, knowing it to be
a sham
The ICE team will send their information to the Status Review Unit. Evidence may
include factors such as:
• the alleged partners gave inconsistent or contradictory responses when
interviewed:
o for example in reply to questions about how and when they met, their living
arrangements or details of their alleged partner’s occupation or family
• one or other alleged partner admits the marriage is a sham
• compelling circumstantial evidence:
o for example, the alleged partners have no language in common
• other witness statements claim the marriage is genuine but provide information
which contradicts the claims made by the alleged partners
• other witness statements which state the marriage is a sham
• supporting evidence from other Home Office casework systems:
o for example, an EEA national has sponsored other partners but claims to be
single, or has flown into the UK recently but claims to live here before the
date of their arrival
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• evidence provided by the police following criminal investigations into facilitation
networks
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Making the decision
You must fully evaluate the evidence provided by the ICE team, and any other
relevant evidence or information about the individual, before you reach a decision on
whether or not to cancel the individual’s permission. Like other cancellation
decisions, it must be made on the balance of probabilities, see Coercive powers and
definitions.
You must reflect in your case notes and decision letter that you have appropriately
considered:
• all the available evidence
• the exercise of discretion
See: Cancellation decisions: case considerations and use of discretion for further
information.
Ceasing to meet rules requirements: relationship
breakdown
In non-EUSS cases you must consider cancelling an individual’s permission where it
was granted on the basis of their genuine relationship with a settled person under
paragraph 9.23.1 of the Immigration Rules, if that relationship has broken down. In
this case they no longer meet the requirements of the rules under which they were
granted permission to enter or stay in the UK. See also ceasing to meet the
requirements of the rules and guidance on Suitability: Section 5 additional grounds
for cancellation of entry clearance, permission to enter and permission to stay.
For further information on EUSS cases see: Appendix EU and Appendix EU (FP): in-
country curtailment.
Breakdown of a relationship on the British National (Overseas)
(BN(O)) route
On their first application under the route, all family members applying to the BN(O)
Status Holder route and the BN(O) Household Member route must be able to
demonstrate that they meet a relationship requirement which links them to a BN(O)
status holder or the BN(O) Household Member. However, in subsequent
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applications, following a successful grant of permission, it will be sufficient for the
partner of a BN(O) status holder or BN(O) Household Member to show that they
already hold permission on the route.
If a relationship breaks down, partners of the main applicant and partners of a BN(O)
Household Member do not need to prove that their relationship is subsisting when
applying for further permission on the route and can apply independently of them,
including settlement applications.
You must therefore not cancel an individual’s permission if referred for cancellation
due to a relationship breakdown on the BN(O) route.
Relationship breakdown: examples
When spouse or partner informs the Home Office of a breakdown
A UK settled person contacts the Home Office with information that their spouse or
partner, who arrived 4 months ago with a spouse visa, has left them. As the marriage
or partnership no longer exists, and the individual has outstanding permission to
stay, you must consider referring the case for cancellation.
When the individual informs the Home Office of a breakdown
An individual who has remaining permission to stay in the UK as a spouse or
partner, contacts the Home Office with information that their relationship with their
settled spouse or partner has ended. As the marriage or partnership no longer
exists, and the individual has outstanding permission, you must consider referring it
for cancellation.
When there is evidence in an application that a marriage or
partnership has broken down
An illegal entrant is granted permission to stay in the UK on the basis that they are
married to a UK settled person. After 2 years they apply for further leave as the
partner of a different settled person and the application is refused because there is
insufficient evidence that the relationship is genuine and subsisting.
There is evidence with the application that their marriage has broken down, so you
must consider cancelling the remaining permission.
For more information on which teams to refer cancellation cases to, see Referring
breakdown of relationship cases for cancellation.
As the reasons for cancellation are discretionary, you must not automatically cancel
an individual’s permission if referred for cancellation. It may be appropriate to
exercise discretion.
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Notification of relationship breakdown: casework actions
Acknowledgement of a referral from UK settled sponsor
If you are told by a spouse or partner that their relationship has broken down with the
individual, you must:
1. Send ‘cancellation acknowledgement and third party information’ letter to the
spouse or partner to acknowledge the referral, but do not disclose any
information to them when you make a decision on the case.
2. Make sure the spouse or partner’s contact details are updated on the
casework system (for example mobile or email).
3. Update the case notes if you receive permission to use the information. See:
Deciding to cancel due to breakdown of a relationship.
4. Consider cancelling the individual’s permission to 60 days, unless there are
exceptional reasons to cancel permission with immediate effect.
5. Pass a copy of the information to your local intelligence team so that they can
note any concerns and consider whether any further action is needed.
UK settled person does not give permission to use information
Where a sponsor will not sign either full consent or the public statement, you must:
1. Mark their letter on the file as ‘do not disclose’.
2. Enter the following wording on the casework system at both the top and the
bottom of the case notes:
‘if the foreign national spouse or partner with permission to stay in the UK contacts
the Home Office, they must not be told or given any indication that their UK settled
spouse or partner has been in contact with the Home Office’
3. Update Home Office internal security systems with a warning that the UK
settled spouse or partner has provided the information in confidence and that
the individual must not be told or given any indication that their spouse or
partner has been in contact with the Home Office.
4. Acknowledge the letter from the UK settled spouse or partner but do not
disclose any information to them on the decision not to pursue cancellation,
unless this has been agreed by a Senior Caseworker. See: Requests from a
spouse or partner for case updates and information.
5. Record ‘ rejected’ on the casework system to reflect that no permission has
been received. It must be made clear that cancellation was not pursued.
Referring breakdown of relationship cases for cancellation
If you decide it is appropriate to cancel an individual’s permission to stay in the UK
as their permission to stay was based on the fact that they were:
• a dependent on their partner’s UK visa
• a spouse or partner on a ‘family of a settled person’ visa
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• the partner of a British citizen, EEA national, ‘settled’ person with indefinite
leave to remain, or someone with refugee status or humanitarian protection
and they have separated from or divorced their spouse or partner, you must refer
their case to the Status Review Unit.
Referring externally (outside the Home Office)
You can refer the individual’s case to the Status Review Unit via the automated form
on GOV.UK: Visas when you separate or divorce.
If you do not have access to the automated form, you can post a letter to:
UK Visas and Immigration
MARRIAGE BREAKDOWN
Status Review Unit
7th Floor
The Capital
New Hall Place
Liverpool
L3 9PP
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Individual has discretionary leave based on the relationship
If you think it is appropriate to cancel the non-settled spouse or partner’s leave, you
must refer the case to the team that granted the discretionary leave, or to temporary
migration workflow, Sheffield, if that team no longer exists.
There is further guidance if an individual is applying for leave on the basis of
domestic violence by their UK spouse or partner.
Breakdown of relationship: initial casework system actions
When you receive a relationship breakdown case you must:
• check the casework system for:
o any indication that domestic violence has taken place or that either party in
the relationship is at risk of such violence
o any concerns that were noted when permission was previously granted
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o any other relevant intelligence or information that has been received
• get a central reference system printout as soon as you receive the case
• request a new file from record services compliance unit (RSCU1) if one doesn’t
exist and you need one to store any paper documents such as letters
• search landing cards and transfer, or create a new case on the casework
system and select ‘Cancellation Consideration – Spouse / Partner’
• enter into case notes the date an individual’s permission expires
• if there is an allegation that the UK settled spouse or partner has been the
victim of domestic violence or threats, enter ‘DV’ on the casework system
detailing the nature of the allegations
• put a standard minute on the casework system and internal Home Office
security systems with the following wording:
o ‘marriage / partner breakdown notified – this information must not be
disclosed to the foreign spouse or partner or used to support cancellation or
other action without the UK settled spouse’s or partner’s written agreement
• for non-domestic violence cases, send an acknowledgement to the UK settled
spouse or partner
You must not cancel if:
• permission is to be cancelled to 60 days but the individual has less than 60
days permission to enter or stay in the UK left, unless there are exceptional
reasons why immediate cancellation is appropriate
• there is a reliable indication that the individual has been the victim of abuse or
domestic violence at the hands of the UK spouse or partner
Breakdown of relationship: cancellation considerations
Decision to cancel due to a breakdown of a relationship
As the reasons for cancellation are discretionary, you must not automatically cancel
an individual’s permission if referred for cancellation. It may be appropriate to use
discretion, see case considerations and use of discretion when considering
cancellation.
You must cancel an individual’s permission following the breakdown of a relationship
to 60 days unless:
• they have less than 60 days permission remaining
• there are exceptional circumstances which mean it is appropriate to cancel
permission with immediate effect
• there are exceptional reasons to exercise discretion when cancelling so that the
individual has more than 60 days permission remaining, for example an
individual is due to have essential hospital treatment in 60 days’ time and
requires an additional period to recover before they can travel
Exceptional circumstances that may justify immediate cancellation include either:
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• allegations that the UK settled sponsor has been the victim of domestic
violence
• the individual has a history of immigration abuse
• other cases involving serious non-compliance or risk
Where permission is to be cancelled with immediate effect the decision must be
signed off by a senior caseworker.
For more information about when an individual has less than 60 days permission,
see:
• Deciding the date of expiry for cancelled permission
• Use of discretion when considering cancellation
If you decide to cancel an individual’s permission, you must:
• write to the UK settled partner to ask for their permission to use the information
they have provided about the relationship breakdown using the ‘cancellation
further action – request to share sponsor information letter’ as you will need a
signed permission or public statement letter from the sponsor
• if it is appropriate you must include the optional paragraphs giving advice
about:
o contacting the police
o obtaining an injunction
o domestic violence helplines
o contacting the forced marriage unit
If you receive a letter that gives you permission to use the information on the
relationship breakdown you must:
• cancel the individual’s permission using existing criteria and processes
• update the casework system and internal Home Office security systems
• not disclose any decisions on the case to the spouse or partner without
discussing with a Senior Caseworker what, if any, information can be provided -
see: requests from a spouse or partner for case updates and information
For information on what to do if you do not get the UK settled person’s permission,
see UK settled person does not give permission to use information.
Informing an individual of the decision not to cancel
If you decide not to cancel the individual’s permission following a breakdown of their
relationship, you must:
1. Create a note on the casework system explaining the reasonfor your decision.
2. Select ‘Cancellation Not Pursued’ on the casework system.
3. Send a ‘cancellation not pursued’ letter to the individual to notify them of the
decision not to cancel their permission, where they have previously been sent
a ‘minded to cancel’ letter. Note that this will not be done where the person has
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not given permission to use the information, see: UK settled person does not
give permission to use information.
4. Delete entry from the Home Office internal security systems where
appropriate, for example reconciliation.
See also: Requests from a spouse or partner for case updates and information.
Requests from a spouse or partner for case updates and
information
If you receive a request from a spouse or partner for case updates and information
on the individual’s cancellation decision, you must:
1. Discuss the case with a Senior Caseworker to agree what information can or
cannot be provided on any action UKVI is taking.
2. Send a ‘cancellation acknowledgement and third party information’ letter to the
sponsor.
3. Adapt the letter to cover the issues raised in the correspondence received
following your conversation with a Senior Caseworker.
4. Delete the options about the police, seeking an injunction and domestic
violence helplines where applicable and if there is no suggestion of domestic
violence, forced marriage or threats.
5. Mark the letters from the UK spouse or partner ‘do not disclose’ if the UK
settled spouse or partner has not given written permission for their disclosure.
Domestic violence and forced marriage cases: relationship
breakdown
Allegations of domestic violence
If an individual has claimed to have been a victim of domestic violence from their UK
settled partner or a member of their partner’s family, it may not be appropriate to
cancel the individual’s permission to enter or stay in the UK.
You must check casework system records to establish if the individual’s partner has
claimed to be a victim of domestic violence and if they have applied for permission
on this basis. If there are records of this on the casework system, you must refer the
case to a senior caseworker and contact the team dealing with the application for
permission.
If the individual has not applied for permission on the grounds of being a victim of
domestic violence their permission may be cancelled to 60 days to allow them a
reasonable period to apply for any permission which they are eligible for.
For information on the process to follow, see: Informing an individual of the decision
not to cancel.
The allegation could concern a claim that the settled sponsor or the individual has
been a victim of domestic violence.
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If there is an allegation that the UK settled spouse or partner has been the victim of
domestic violence or threats, you must:
• send a ‘cancellation acknowledgement and third-party information’ letter
• include advice about:
o contacting the police
o seeking an injunction
o domestic violence help-lines
o contacting the forced marriage unit
You must discuss the cancellation case with a senior caseworker in the following
circumstances:
• if the UK settled person is still living at the same address as their estranged
foreign spouse or partner, and you are concerned that they might be put at risk
if the foreign spouse or partner reads the letter
• if there are concerns that the letter may be intercepted, how and where it will be
safe for the Home Office to contact them, for example, mobile phone, email or
work
• if the individual has threatened to use violence if their permission is cancelled,
in such cases, you must warn the UK settled spouse or partner that you are
going to cancel permission to stay in the UK before it is served
• if there is any indication at all of a forced marriage
If the senior caseworker is unable to resolve the issue, they may contact the
appropriate operational policy team for advice.
If there is an allegation that the individual has been the victim of domestic violence or
threats, you must:
• check the caseworking system to find out whether the individual has submitted
an application as the victim of domestic violence (DV)
• if an application has been submitted to the Home Office, you must:
o contact the relevant caseworking team who are dealing with the DV
application
o cease cancellation consideration against the individual partner
o transfer ownership of the cancellation consideration to the team which is
considering the DV application, the team considering the DV application will
decide whether cancellation is appropriate if the application is refused
o add a minute to the caseworking system to record the above actions
o if the settled partner requests information, follow the guidance described in
requests from a spouse or partner for case updates and information
You must consider whether, on the balance of probabilities, the evidence shows that
the individual has been the victim of domestic violence.
You must bear in mind the difference between an allegation and evidence. For these
purposes:
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• an allegation - is a claim by an individual that domestic violence took place, for
instance, a letter from an individual claiming that domestic violence took place,
in the absence of any supporting evidence, is an allegation
• evidence - consists of verifiable facts and documentation that indicate that the
allegation is true, for example:
o a police report about attending a domestic incident that confirmed that
domestic violence occurred
o a court report showing that an individual was convicted of a domestic
violence would be good forms of evidence
If there is an allegation that an individual spouse or partner has been the victim of
domestic violence, you must follow the guidance on allegations of domestic violence.
If there is evidence that an individual spouse or partner has been the victim of
domestic violence, you must not:
• inform the UK settled spouse or partner of the outcome of the case
If an individual no longer meets the requirements under the rules and there is an
allegation or evidence of domestic violence their leave should normally be cancelled
to 60 days, under paragraph 9.23.1 of the Immigration Rules. You must also tell an
individual that appendix FM of the Immigration Rules provides a route for victims of
domestic violence and they may wish to consider applying for further leave by that
route.
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Office use.
The information in this section has been removed as it is restricted for internal Home
Office use.
The information in this section has been removed as it is restricted for internal Home
Office use.
The information in this section has been removed as it is restricted for internal Home
Office use.
The information in this section has been removed as it is restricted for internal Home
Office use.
The information in this section has been removed as it is restricted for internal Home
Office use.
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The information in this section has been removed as it is restricted for internal Home
Office use.
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Cancellation in points-based system (PBS) cases
This section tells caseworkers any specific casework system actions they need to
take in points-based system cases when an individual’s employment or study has
ended prematurely. An outline of the cancellation grounds for individuals who have
been granted entry clearance or permission under the points-based system is
provided in this guidance at Section 5: additional grounds for cancellation of entry
clearance and permission. See also: Section 5 in Part 9 of the Immigration Rules.
For a detailed outline of the cancellation grounds in section 5, Part 9 of the
Immigration Rules, as well as cancellation considerations and wording for use in
decision notices, see guidance: Suitability: Section 5 additional grounds for
cancellation of entry clearance, permission to enter and permission to stay.
Premature end of employment or study: consider cancellation
If the sponsor informs the Home Office, using the sponsor management system
(SMS), that an individual has stopped working for them or stopped study with their
sponsor, you must:
• update the casework system to reflect the fact that employment or study has
ended prematurely
• check on the internal database systems to see if they have been granted
permission in another category
Individual granted permission in another category
Update the casework system to reflect the following:
‘(Name of sponsor) has notified us that OSN left employment/study (on date if
given). OSN has since been granted permission as (insert details of new leave)
therefore no further action required.’
Individual has an outstanding immigration application
In this case, when you are considering the application, you must also consider
cancelling the existing permission if the new application is refused. If the application
is granted, no further cancellation action will be required.
You must note the casework system notes and person notes with:
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‘(Name of sponsor) has notified us that OSN left employment/study (on date if
given). OSN has an outstanding application for further permission as (insert
details of application) therefore no further action required until the application is
decided. The caseworker considering the application must consider cancelling the
existing permission if the new application is refused’.
Individual not granted in another category: less than 60 days
permission left
If the circumstances of the case mean you would cancel the permission to 60 days,
you must note the casework system notes and person notes with:
‘(Name of sponsor) has notified us that OSN ceased employment/study on (date if
known). OSN has less than 60 days permission to (enter/stay) therefore no further
action is required.’
You must continue to consider cancellation if the circumstances of the case justify
cancelling with immediate effect. For more information, see Deciding the date of
expiry for cancelled permission.
Premature end of employment or study: cancellation process
You must consider cancellation unless:
• further permission has been granted, in this case, do not consider cancelling
the permission as it has already been superseded by the new grant of
permission
• an application for further permission has been submitted and not yet decided, in
this case, the caseworker considering the application must also consider
cancelling the existing permission if the new application is refused
• the individual has less than 60 days permission remaining and you would
cancel permission to 60 days
If an individual finishes their work placement or studies early due to pregnancy,
serious ill health or a serious medical condition, you must take particular care when
deciding the date of expiry for cancelled permission.
If you are considering cancellation, you must go into the casework system case to
make sure the following registration details are correct:
• full name
• title
• family name
• nationality
• date of birth
• place of birth
• gender
• address and dispatch details
• representative (where applicable)
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• make sure the passport details have been inputted if you have the passport
• make sure the notes confirm a higher executive officer (HEO) has authorised
the cancellation, if not you must return the case to your line manager
• make sure the certificate of sponsorship (CoS) reference number is in the
sponsoring organisation tab
• add the following information to the casework system:
o ‘Applicant’s permission as a (details) cancelled so as to expire on (date).
(Letter template issued) Decision to be served (direct to applicant at last
known address/via employer/via rep)’
For more information, see: Cancellation procedures: casework system actions.
Official – sensitive: start of section
The information in this section has been removed as it is restricted for internal Home
Office use.
Official – sensitive: end of section
Cancelling the permission of dependants
This section does not apply to EU Settlement Scheme (EUSS) cases. In these
cases, each individual with EUSS leave has leave in their own right and if you are
curtailing an individual’s leave, the relevant test, including proportionality where
relevant, will need to be met in respect of each individual. See: Cancellation and
curtailment grounds: appendices and annexes.
When you consider cancelling a main applicant’s entry clearance or permission to
enter or stay in the UK, you must also consider cancelling the permission of any
dependants who were granted permission in line with the main applicant, under
section 5, paragraph 9.24.1 of the Immigration Rules. See dependant grounds and
guidance on: Suitability: Section 5 additional grounds for cancellation of entry
clearance, permission to enter and permission to stay for further information.
It will normally only be in exceptional cases that you would decide not to cancel a
dependant’s permission when you cancel a main applicant’s permission. An example
might be where the dependant has recently become estranged from the main
applicant and has submitted an application for permission to enter or stay in the UK
in their own right. In this case you must wait for the new application to be decided
before you make a decision about whether to cancel the dependant’s permission. If
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possible, you must request that the new application be prioritised so you can make a
decision on the dependant’s case at the same time as for the main application.
If you cancel the dependant’s permission in line with the main applicant’s permission,
you should normally cancel their permission to expire on the same date. For
example, if you cancel the main applicant’s permission to 60 days and you decide to
cancel the dependant’s permission, you should normally also cancel the dependant’s
permission to 60 days. You must serve the decisions for the dependants to the
address provided for correspondence by the main applicant, unless the dependant
has provided a different correspondence address, in which case you must use the
dependant’s correspondence address. For more information, see: Service of a
cancellation decision.
If there is evidence the relationship has broken down, such as a notification from the
former partner, you must also consider whether the dependant’s permission should
be cancelled on that basis, if you do not cancel the permission under dependent
grounds, paragraph 9.24.1 of the Immigration Rules. In this situation, it is still
appropriate to cancel the dependant’s permission even if the main applicant’s
permission was not cancelled or was reinstated. For more information about when
an individual no longer meets the requirement because their relationship has broken
down, see: Ceasing to meet rules requirements: relationship breakdown.
In cases where the dependant has been engaged in criminal activity, you must first
consider whether you need to make a referral to Foreign National Offender Returns
Command to make a decision on enforcement action.
As these grounds for cancellation are discretionary you must not automatically
cancel an individual’s permission for this reason. It may be appropriate to exercise
discretion.
Cancelling the permission of a deceased individual’s
dependants
If you receive notification that an individual has died, you must not cancel the
deceased migrant’s entry clearance or permission to enter or stay in the UK, or send
any letter addressed to that person.
You must handle such cases with sensitivity and respect, and with due regard to the
needs of the deceased individual’s family. You must allow a minimum period of one
month after the date on which the individual died before you contact any dependants
about the case.
Before you take any action, you must obtain evidence which confirms the main
applicant has died to ensure that the notification is correct. You must telephone or
write to the individual who notified you of the death to ask them to send you both the
following:
• written notification
• certified copy of an individual’s death certificate
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If the Home Office holds the deceased applicant’s passport you must also advise
their family that the Home Office will return the passport (valid or expired) to the
deceased individual’s UK Embassy or High Commission to be cancelled and the
family will receive a letter from us which confirms that. You do not need to request
the passport if you do not have it.
If the individual has a biometric residence permit (BRP) which is not currently with
the Home Office, you must request for it to be returned so it can be cancelled and
destroyed.
Once you have confirmation of the death, you must record the individual’s death on
the casework system:
• if the case has been decided and the decision despatched, enter the case
outcome ‘Deceased’ against their last grant of permission
• if the case has not been decided enter the case outcome ‘Deceased’ against
their last grant of permission
• if the case has been decided but the decision notice has not yet been
dispatched you must amend the outcome to ‘Deceased’
If the deceased individual had dependants who were granted permission on the
basis of their relationship with the individual, you must consider cancelling the
dependant’s permission.
You must be aware of the sensitive nature of such cases and treat the dependants
compassionately when you consider the case and communicate with them.
When you decide whether cancellation is appropriate, you must consider:
• how much permission the dependant(s) have remaining - the longer the period
of permission to stay they have remaining the more likely you are to cancel:
o do not cancel their permission if it will expire before the date to which you
would cancel it, for example, if you would cancel the individual’s permission
to expire in 90 days’ time and their permission will expire in 85 days’ time, it
is unnecessary to cancel the permission
• whether it is appropriate to exercise discretion due to the compassionate nature
of the case
• the best interests of any child who will be affected by the decision
In EUSS cases, you must also consider whether the individual continues to satisfy
the eligibility criteria under Appendix EU, notwithstanding the death. See also:
Cancellation and curtailment grounds: appendices and annexes.
You must record your consideration and reasons for your decision in the casework
system case notes and fully explain your decision in the decision letter, including
your consideration of the exercise of discretion and the best interests of any children
affected by the decision, ensuring you use a sympathetic tone.
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Deciding the new permission expiry date
If you decide that cancellation is appropriate, you must consider whether to allow the
individual longer than the usual 60 days to depart or make an application to vary
their permission.
There may be grounds in individual cases to allow more time, but you must justify
this in the case notes and decision letter.
You must consider the following factors when you decide the new permission expiry
date:
• when the death occurred:
o if it occurred recently it may be appropriate to cancel permission allowing
more than 90 days to depart
• whether there are any exceptional circumstances in the case, for example:
o a suspicious death or outstanding coroner investigation
o the involvement of children or vulnerable individuals
o any other compassionate grounds that mean it would be appropriate to give
more time
You must refer your decision to your higher executive officer (HEO) senior casework
or team leader to approve before inputting your decision and sending out decision
letters.
Permission granted as a dependant of a UK national
You must consider cancelling the dependant’s permission, taking into account the
same factors as above.
Where an individual was granted permission to enter or stay in the UK in this
category, they may if they wish apply for indefinite leave to remain (ILR) as the
spouse, partner or child of a deceased person under appendix FM of the Immigration
Rules.
If you have the UK national’s passport, you must send it to the UK Passport Office
and ask for it to be cancelled and then returned to the individual’s family members.
Related content
Contents
Immigration Rules: Part 9 Grounds for Cancellation
Cancellation and curtailment grounds: appendices and annexes
Cancellation decisions: case considerations and use of discretion
Cancellation procedures in specific case types
Cancellation decisions: case specific letter template wording
Service of a cancellation decision
Related external links
Immigration and Asylum Act 1999
Immigration Rules
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Service of a cancellation decision
This page tells caseworkers how to serve both non-appealable and appealable
cancellation decisions to an individual.
Service of a decision to cancel
Under section 4 of the Immigration Act 1971, you must serve the decision to vary
permission on the individual in writing. There is no right of appeal against any
cancellation decision made on or after 6 April 2015, with the exception of curtailment
decisions made under Appendix EU, Appendix EU (Family Permit) and cancellation
decisions made under Appendix S2 Healthcare Visitor. See: cancellation and
curtailment grounds: appendices and annexes for further information.
The Immigration (Leave to Enter and Remain) Order 2000 sets out the methods by
which you may serve non-appealable decisions in writing. For more information on
this legislation, see:
• Immigration (Leave to Enter and Remain) Order 2000 (see articles 8ZA and
8ZB)
• Immigration (Leave to Enter and Remain) (Amendment) Order 2013
The Immigration (Notices) Regulations 2003 sets out the methods by which you may
serve appealable decisions in writing.
Non-appealable decisions
For non-appealable decisions the notice cancelling permission may be:
• given by hand
• sent by fax
• sent by postal service to a postal address that an individual or the
representative provided for correspondence
• sent electronically to an email address that an individual or the representative
provided for correspondence
• sent by document exchange to a document exchange number or address
• sent by courier
Where an individual or representative has not provided a postal or email address for
correspondence, or the notice sent to the correspondence address is returned as
undelivered, you may send the notice:
• by postal service to the last known or usual place of either:
o abode, study or business of the individual
o business of the individual’s representative
• electronically to the last known email address of either the:
o individual, including at the individual’s last known place of study or place of
business
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o individual’s representative
Appealable decisions
For appealable decisions the notice cancelling permission may be:
• given by hand
• sent by fax
• sent by postal service in which delivery or receipt is recorded to:
o an address provided for correspondence by the person or their
representative
Where no address for correspondence has been provided by the person, you may
send the notice:
• by postal service in which delivery or receipt is recorded to either the last
known or usual place of either:
o abode, or place of business of the individual
o place of business of the individual’s representative
Service of cancellation notices to applicants aged under 18
If you cancel the permission of an individual who is under 18 years of age and does
not have a representative, you may serve the notice to a responsible adult, aged 18
or over, who is either the child’s parent, legal guardian, or an individual who currently
has responsibility for the child. This can include a member of staff at the child’s
school who has responsibility for the pastoral care of the child but does not include:
• immigration officers
• officials of the Secretary of State
• police officers
• prison officers or persons employed at a removal centre
• persons acting on behalf of an authorised person under the regulations, for
example a private contractor
Service of cancellation decisions to a UK address
Where you cannot give a notice to the individual in person and where the individual
has elected to receive communication via post, you must where possible send
communication to a UK postal address (care must be taken to ensure that the
individual is still living at the address). You must not send to a UK postal address if
records show the individual is not in the UK The Home Office policy preference is to
serve the decision to:
• a UK postal address, including to legal representatives if still acting for the
individual, where this is possible, and evidence indicates the individual is in the
UK
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• for non-appealable decisions only, to an email address where this is possible,
particularly where there is information or evidence which indicates the individual
is outside the UK
You must send the decision notice for a decision to, in order of preference:
• the UK postal address or email address (email applies to non-appealable
decisions only) an individual or their representative provided for
correspondence (post to be sent by recorded delivery)
• the last known or usual postal address of an individual, their last known or
usual place of study (study applies to non-appealable decisions only) or place
of business, or the last known or usual place of business of an individual’s
representative (by recorded delivery) - this must not be the address of a points-
based system (PBS) individual’s sponsor, unless that is the correspondence
address the individual previously provided
• for non-appealable decisions only, the last known or usual email address of the
individual or the individual’s representative (by recorded delivery) - this must
not be the email address of a points-based system (PBS) individual’s sponsor,
unless it meets the criteria set out below
You must identify a suitable postal or email address by looking through relevant
systems and databases, for example:
• CID / Atlas for in the UK application records and notes fields which may have
further information
• CRS for out of country application records
• SMS notifications received from sponsors
In cases where the individual has used a representative to make their previous in
country application, you must contact the representative to ask whether they still act
for the individual. If they do, you must serve the decision to the representative. If they
do not, you must record this fact on the casework system. You must not attempt to
serve a decision to a former representative who is no longer acting for the individual.
You must make 2 attempts to serve a cancellation decision to a UK postal or email
address (email applies to non-appealable decisions only), where available, before
serving the decision to file. If only one address is available, you must make both
attempts to serve to that address. If you attempt to serve to the individual’s
correspondence address and the notice is returned, you must make your second
attempt to serve the notice by sending it to the individual’s or representative’s
correspondence email address. If that is not available or is defective, use the last
known or usual home address, place of study (study applies to non-appealable
decisions only) or place of business, or their representative’s business address, if
one is recorded on the casework system. You must not attempt to serve to a place of
study or place of business if it is known that the individual is no longer contactable
there, for example because they have left their previous place of work.
If there is evidence that the individual or representative is still using the address, for
example other Home Office letters are being successfully delivered there, you may
exceptionally make an additional attempt to serve the notice to that address.
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Service of non-appealable cancellation decisions to an email
address
In non-appealable cases only, where you have a recorded email address and
particularly where records show the individual is not in the UK or previous attempts
to serve the notice to a correspondence address have failed, you must where
possible serve the notice to an email address that the individual or their legal
representative provided for the purpose of correspondence with the Home Office.
You must not serve a decision via email if you have no current email address, you
know an individual is no longer contactable at the recorded email address, for
example because they have left the place of study or business, or where an
individual has elected to receive communication via post. Caution must also be taken
where the email address is shared, rather than an individual address. You must
where possible serve the notice, in order of priority, to:
• an email address an individual provided for the purpose of correspondence
• an email address their legal representative provided for the purpose of
correspondence
• the last known email address for the individual, including at the individual’s last
known place of study or place of business
• the last known email address of the individual’s representative
You need to identify a suitable email address by looking through relevant systems
and databases, including:
• CID / Atlas for in the UK application records and notes fields
• CRS for out of country application records
• SMS notifications received from sponsors
However, you must not use sponsor based email addresses, for example,
[email protected] or [email protected] if either:
• permission is cancelled following an SMS notification from the sponsor that
they have withdrawn sponsorship from an individual who is no longer studying
or working with them
• the sponsor has stopped trading
When serving a cancellation decision to an email address, you must always:
• use the wording provided in the letter templates for the covering email message
and the notice of decision, see: Grounds for refusal and cancellation (suitability)
to access guidance on cancellation grounds under Part 9 of the Immigration
Rules and the appropriate wording to use in the templates:
• send the decision notice in a secure, write protected format (PDF), you must:
o create the notice on the casework system
o then convert the notice to the PDF format
• send the decision with a ‘delivery receipt’ request
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• record on the casework system:
o the email address that you sent the notice
o the date on which you sent it
• make sure the correct decision letter is attached to the email
• if you receive a delivery receipt, record the delivery receipt response on the
casework system to confirm service
If you receive an automated response stating the email address was defective or the
email was undeliverable, you must check you entered the correct email address.
If it was correct, make one further attempt to send the email. If your attempts to
serve to the email address are unsuccessful or no email address has been provided
for correspondence, you must try to serve the decision to the last known or usual
postal address or email address of the individual or the individual’s representative,
where available. If these attempts are unsuccessful, you must serve the decision to
their overseas correspondence address, if they have provided one. If there is no
overseas address, they have not provided an overseas address and you have
exhausted all other attempts to serve the decision to the individual via post and
email, see failure to serve the decision to a postal or email address for next steps.
Failure to serve the decision to a postal or email address
If no postal or email contact for correspondence have been provided and the
individual has an employment or educational sponsor, you must contact the
individual’s previous or current sponsor to request the individual’s contact details, but
only if the sponsor is still operating and has a valid sponsor licence. You must not
contact an individual’s former spouse or partner for this information. You must ask
the sponsor to respond within 10 days. You must request both postal and email
addresses for the individual. If the sponsor provides postal contact details, you must
send the notice to the individual’s postal address by recorded delivery. If no postal
address is available but the sponsor provides and email address for the individual,
you must send the notice to that email address.
If, exceptionally, the individual has a fax or document exchange (DX) address, you
must attempt service to the individual by those methods before serving to file,
although it will be extremely rare that an individual would not have a postal address
but would have a functioning fax or DX address.
If you cannot serve the decision notice, because no address is known or any
attempts to serve the notice by post or by email have failed, you must serve the
decision on file. You must record the reasons why the decision notice was served on
file including what attempts you took to serve to an address and why they were
unsuccessful. If the individual is subsequently located, you must give the individual a
copy of the notice and details of when and how it was given.
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Service of a cancellation decision to the file
The power to serve cancellation decisions to file comes from either the Immigration
(Leave to Enter and Remain) Order 2000 (non-appealable decisions) or the
Immigration (Notices) Regulations 2003 (appealable decisions).
In both non-appealable and appealable decisions, you must only serve a notice of
cancellation on file when:
• no address has been provided to write to and there is no last known address to
serve the notice to the individual
• you are serving to a possible address provided by the spouse or partner, but
are also serving on the file as the address may not be reliable
• the address they have provided is defective, false or known to be no longer in
use
• the applicant does not have a representative
• for non-appealable decisions only, the above list also includes where there is
no suitable email address to which you can serve the notice
You must also read the guidance on service of cancellation decisions to a UK
address and service of non-appealable cancellation decisions to an email address if
you have details of an email or an address.
To serve a cancellation decision to the file you must follow the procedures below:
1. Create a Home Office file if one does not already exist and you need to store
paper documents such as returned correspondence as evidence of attempted
service - if there are no paper documents to store you may serve electronically
to the casework system record.
2. Note on the case file (if applicable) and on the casework system notes the
circumstances and reasons why you could not serve the notice normally, in
accordance with the requirements of the regulations and order.
3. Explain in the notes why you were unable to use any other known addresses
for service, which will assist in defending any potential future legal challenge
about whether service to file was effective.
Where you are serving to a paper file:
1. Sign and date the decision notice and place in a pouch at the bottom of the
file.
2. Create a minute on the case file noting the decision’s presence and location on
file.
3. Update casework system notes that the decision has been served on file and
the reasons why.
4. Ensure that your notes refer to the correct legislation under which the decision
was served - for cancellation decisions that do not have a right of appeal, the
correct legislation is the Immigration (Leave to Enter and Remain) Order 2000,
for those that do have a right of appeal the correct legislation is the
Immigration (Notices) Regulations 2003.
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For more information on the wording to use, see: Wording to use when serving a
decision on file.
When you serve a notice on file, it:
• ends the case, if applicable
• ends the individual’s permission, if permission was cancelled with immediate
effect
• starts the 60 day period during which the individual must apply to regularise
their stay or depart, for decisions to cancel permission to 60 days
If you locate the individual after you, or another caseworker, have served the notice
on file, you must as soon as possible:
• send an individual a copy of the notice
• send them all the papers that relate to the right of appeal, if applicable in the
case of a pre 6 April 2015 cancellation decision with a right of appeal or a
curtailment decision made under Appendix EU, Appendix EU (Family Permit) or
a cancellation decision made under Appendix S2 Healthcare Visitor
• give them with details of when and how the notice was given
For more information on permission expiring during the decision process, see 3C
and 3D leave.
For more information on the individual’s appeal rights, see Appeal and administrative
review rights.
Passports, identity cards and valuable documents
If leave / permission has been given in a passport and the passport is available, you
must endorse it with the following words:
‘Leave/permission [delete as appropriate] cancelled so as to expire on [insert date
of action or new expiry date]’
You must keep any valid biometric residence permits (BRP) securely. You must not
destroy them in case any error correction request is successful.
If you have the individual’s passport, BRP or other valuable documents and are
retaining them, you must handle them in line with the retention of valuable
documents guidance or refer to the safeguarding valuable documents guidance.
Valuable documents must be kept if:
• the individual has been assessed as a harm A case
• leave / permission is cancelled with immediate effect
• the individual now has no remaining leave / permission, for example, if leave /
permission expired while cancellation was being considered
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Make sure any documents you keep are securely stored according to the instructions
on managing sensitive personal information.
You must update the casework system to show that documents are held and where
they are stored.
You must include a covering letter with the decision letter to tell the individual their
passport has been kept. For more information, see Removals documentation.
Related content
Contents
Cancellation: definitions, legal basis and powers
Immigration Rules: Part 9 Grounds for Cancellation
Cancellation and curtailment grounds: appendices and annexes
Cancellation procedures in specific case types
Cancellation decisions: case specific letter template wording
Related external links
Immigration Act 1971
Immigration Rules
Immigration (Leave to Enter and Remain) Order 2000
Immigration (Leave to Enter and Remain) (Amendment) Order 2013
The Immigration (Notices) Regulations 2003
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Cancellation decisions: case specific
letter template wording
This page tells caseworkers the suggested wording for the notice of decision they
send to an individual when cancelling their permission or leave in specific
circumstances.
Page contents:
Cancellation wording: grounds in Part 9 of the Immigration Rules
Cancellation wording: breakdown of a relationship
Curtailment wording: discretionary leave or leave outside the rules
Cancellation wording: serving a decision on file
Cancellation wording: grounds in Part 9 of the Immigration
Rules
When you cancel an individual’s permission to enter or stay in the UK on a
cancellation ground under Part 9 of the Immigration Rules, you must use the
appropriate wording, for the cancellation ground in your cancellation decision letter.
See: Grounds for refusal and cancellation (suitability) to access the individual pieces
of guidance related to either the relevant section, or paragraph, of Part 9 of the
Immigration Rules which contain the associated cancellation wording, or, to access
all of the cancellation paragraphs in one document, see: Cancellation paragraphs for
decision letters.
See also: Immigration Rules: Part 9 Grounds for Cancellation for an outline of Part 9
in-country cancellation grounds and links to the relevant piece of guidance.
Cancellation wording: breakdown of a relationship
For more information on what to do with a case when the relationship has broken
down, see: Ceasing to meet rules requirements: relationship breakdown.
Reason for cancellation
Wording to use
Use for all reasons when
permission to enter or stay in
the UK may be cancelled.
On [insert date] you were granted permission to
[enter/stay in] the United Kingdom until [insert
date] as a [insert details]/in order to [insert details]
Marriage break-up case.
Relates to paragraph 9.23.1
of the Immigration Rules
(ceasing to meet
requirements of the rules)
You entered the United Kingdom on [insert details]
with a visa valid from [insert date] to [insert date],
as the spouse of [insert name], an individual
present and settled in the United Kingdom.
The decision has been made to cancel your
permission so that it expires on the date shown at
the end of this notice. In view of the fact that you
and [insert spouse’s name] are no longer living
together as spouses, the Secretary of State is not
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Reason for cancellation
Wording to use
satisfied that you and [insert spouse’s name]
intend to live permanently with each other as
spouses or that your marriage is subsisting. You
accordingly no longer meet the requirements of the
Immigration Rules under which your permission to
enter was granted. It is not considered that the
circumstances in your case are such that
discretion should be exercised in your favour.
Curtailment wording: discretionary leave or leave outside
the rules
When you curtail discretionary leave or leave outside the rules, you must state in the
decision letter that the leave is being curtailed under ‘section 3(3)(a) of the
Immigration Act 1971’. You must not state that the discretionary leave is being
curtailed under the Immigration Rules. You must adapt the following wording to
explain the decision in the decision notice:
On [insert date] you were granted leave to [enter/remain in] the UK until [insert
date] as a [insert details]/in order to [insert details], but you have ceased to meet
the requirements of the concession under which the leave to enter/remain was
granted. The circumstances that justified your grant of leave to remain outside the
Immigration Rules on a discretionary basis no longer apply because (insert
reasons). It is not considered that the circumstances of your case are such that
discretion should be exercised in your favour. The Secretary of State has
therefore decided to curtail your leave to enter/remain in the UK so as to expire on
[insert date].
For more information on the wording to use if you are serving the notice on file, see
Cancellation wording: serving a decision on file.
Cancellation wording: serving a decision on file
Reason
Wording
Wording for file minutes
when you have no
address for the
individual.
[estranged partner
cases]
Serving the decision on file
[File reference number]
It is clear that [name of individual] no longer lives at the
address of the UK settled sponsor and the latter has
been unable to provide an address for their estranged
spouse. There is also no record that [name of individual]
has informed the Home Office either of his/her change of
circumstances or change of address. The individual did
not provide an email address for correspondence and as
[name of individual]’s whereabouts are not known and
we have no record of any representative acting for
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Reason
Wording
him/her nor do we know the individual’s last known or
usual place of study or business [delete as appropriate],
it has not been possible to serve the notice of decision to
an address. The notice of decision has therefore been
placed on file and is deemed to have been given in
accordance with article 8ZA of the Immigration (Leave to
Enter and Remain) Order 2000/article 7 [insert
paragraph 2 reference] of the Immigration (Notices)
Regulations 2003 [delete as appropriate].
When you have a
possible address for an
individual provided by
UK settled spouse or
partner.
Serving the decision on file
[File reference number]
It is clear that [name of individual] no longer lives at the
previous marital address and he/she has not notified the
Home Office of his/her current address. We have been
informed that he/she may be living at [insert details]. My
attempt to serve the decision there was unsuccessful.
There is also no record that [name of individual] has
informed the Home Office either of his/her change of
circumstances or change of address. As [name of
individual]’s whereabouts are not known and we have no
record of any representative acting for him/her, nor do
we know the individual’s last known place of business or
study or have an e-mail address [delete as appropriate],
it has not been possible to serve the notice of decision to
an address. The notice of decision has been placed on
file and is deemed to have been given in accordance
with article 8ZA(4) of the Immigration (Leave to Enter
and Remain) Order 2000/article 7 [insert paragraph 2
reference] of the Immigration (Notices) Regulations 2003
[delete as appropriate].
Include the following
paragraph in the
reason for refusal letter
(RFRL) when a
decision has only been
served on file (no
address known).
Serving the decision on file
In his/her letter of [insert date] Mr/ Ms [insert name]
stated that you had left the marital home and that your
present address was not known. Following the
breakdown of your marriage and your departure from the
marital home, you did not inform the Home Office of your
change in circumstances or your change of address.
Your whereabouts are not currently known and we have
no record of any representative acting for you, nor do we
know your last known place of business or e-mail
address [delete as appropriate]. It was therefore not
possible to serve you with the cancellation notice at the
time of the decision. The notice of decision has been
placed on file and is deemed to have been given in
accordance with article 8ZA(4) of the Immigration (Leave
to Enter and Remain) Order 2000/article 7 [insert
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Reason
Wording
paragraph 2 reference] of the Immigration (Notices)
Regulations 2003 [delete as appropriate].
Related content
Contents
Immigration Rules: Part 9 Grounds for Cancellation
Cancellation procedures in specific case types
Service of a cancellation decision
Related external links
Immigration Act 1971
Immigration (Leave to Enter and Remain) Order 2000
The Immigration (Notices) Regulations 2003
Nationality, Immigration and Asylum Act 2002
Immigration and Asylum Act 1999
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Actions following cancellation
This page tells caseworkers about the process to follow if they receive a cancellation
error correction request from an individual, an individual’s legal representative or
sponsor.
Cancellation error correction
Process for making an error correction request
After an individual’s permission has been cancelled, the following people may write
to the Home Office to claim there was an error in the decision and request an error
correction:
• the individual
• the individual’s legal representative
• the individual’s sponsor
Any error correction request must be made in writing, either by post or email to the
team which made the original decision. These details can be found on the original
decision letter.
The error correction request must:
• provide the individual’s:
o name
o date of birth
o nationality
o any Home Office reference numbers
• clearly explain why they believe the decision was incorrect - for example,
depending on the circumstances of the individual case, it must say which:
o sponsor notification was incorrect (not considered, or incorrectly interpreted)
o evidence was incorrect (not considered or incorrectly interpreted)
o rules or policy were not applied or were incorrectly applied
• be sent within 14 calendar days of the deemed date of receiving the
cancellation decision – the deemed date of receiving a decision sent by post to
a UK address is 2 working days after the decision was posted, unless the
individual can prove they received the decision on a later date
You should normally reject any error correction request which does not meet the
above requirements without further consideration, however, you must consider
whether it is appropriate to exercise discretion. For example, you may exceptionally
accept a request if there are minor omissions in the information supplied and you
can get it from elsewhere. For example, the Home Office reference number was not
provided but you are able to identify the case from other information.
You must review a cancellation decision if you receive a claim that there was an
error in the decision and the claim meets the above requirements. A cancellation
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decision will not normally be reviewed for a second time unless the previous review
resulted in changed cancellation reasons.
If an individual asks you how to raise an issue with cancellation following an incorrect
sponsor notification, they should be advised to ask their sponsor to raise any error
correction requests relating to incorrect notifications. This will mean the request can
be processed more quickly without the need for the Home Office to contact the
sponsor to verify the claim.
Individuals cannot use the error correction process to challenge a sponsor’s decision
to withdraw sponsorship. Individuals must raise any such challenge direct with their
former sponsor.
The fact that an individual disagrees with, or legally challenges, their former
sponsor’s decision to withdraw sponsorship is not a reason to stop or reverse a
cancellation.
Correspondence which is not an error correction request
Not all correspondence about a cancellation will be an error correction request. For
example, an individual may write to complain about the retention of their documents
or to state they intend to apply for judicial review of the decision. You must handle
such correspondence according to the standard How to make a complaint
procedures for complaints or litigation. There is also more information about Judicial
reviews.
Individual’s status after sending an error correction request
If an individual sends a cancellation error correction request this does not extend
their permission. While a review of the cancellation decision is being undertaken and
the review is of a cancellation where the 60-day period of permission has ended, or
where cancellation was immediate, the individual will hold no permission, unless, or
until the cancellation decision is changed. Read Applicant’s status after submitting a
reconsideration request in the reconsiderations guidance which applies to
cancellation error correction requests.
Considering the request
The request must be considered by a caseworker who did not make the original
decision. How you reconsider the decision will depend on who sent the request.
You must note the casework system with ‘outcome to be considered’ while you
review the cancellation decision.
Requests from the individual’s sponsor
A sponsor may write to the Home Office to claim an individual’s cancellation decision
was incorrect because they sent a sponsor notification in error. In this situation you
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must reinstate the individual’s permission unless there are other grounds on which
their permission must be cancelled.
To correct the decision, follow the instructions in the decision was incorrect.
You must pass the details of the incorrect notification to the sponsor licence unit so
they can check whether there are any issues with the sponsor and take further action
as required.
Requests from an individual or their legal representative
An applicant may appoint a legal representative, or change their legal representative,
when they make an error correction request.
If the claim is that cancellation was based on an incorrect sponsor notification, you
must contact the sponsor to check whether this claim is correct.
If the sponsor confirms the notification was:
• correct, you must maintain the decision (unless it is incorrect for another
reason)
• incorrect, you must follow the guidance below for requests sent by sponsors
If the individual has falsely claimed the sponsor notification was incorrect, you must
consider if they have attempted to obtain permission by providing false or misleading
information. If so, you may be able to cancel their permission with immediate effect
on false representations grounds. See also: false representations guidance for
further information.
Where the individual or their legal representative claims that permission has been
cancelled in error for other reasons and has clearly explained why they believe the
decision was incorrect, as set out above, you must review the original decision to
check that it was correct. You must check:
• the decision was supported by appropriate evidence
• the decision was made under the correct rules and policy
• any sponsor notification was linked to the correct individual
• any grounds for discretion were appropriately considered, where applicable
• permission was cancelled to the correct date, including consideration of
exceptionally cancelling to a different date (if appropriate)
• the permission of any dependants was cancelled in line with the main applicant
• the decision notices were correct and served correctly
• any other matters raised by the individual in their request
Change of representative
If the applicant changes their representative, or instructs one for the first time, before
you accept the instruction or change of representative, you must check the individual
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has given the Home Office written authorisation for the representative to act on their
behalf, and any new representative the applicant nominates is either of the following:
• regulated by the Office of the Immigration Services Commissioner (OISC)
• a solicitor
If the change of representative meets the above requirements, you must accept it
and update the casework system with the new contact details.
If the representative is not appropriately regulated, or the individual does not send
the authorisation, you must write to the applicant and their proposed representative
to inform them you cannot speak to the new representative or comment on the case.
If you reject the individual’s change of representative this alone is not a reason to
reject the error correction request.
The decision was correct
If the original decision to cancel the individual’s permission was correct you must
take the following action:
• maintain the original decision
• record the decision and reasons on the casework system
• add a case note to the casework system to record your decision and explain
why you are upholding the original decision
• write to the applicant to tell them the outcome of the review, using letter
template ICD.1100
• address each of the grounds the individual raised in their letter
• include an explanation of why discretion did not apply or was not appropriate if
the individual asked for this to be considered
Upholding the original cancellation decision is not itself a new immigration decision.
The decision was incorrect
If you find an error, you must correct it by re-making and re-serving a decision in line
with the cancellation rules and policy guidance. Depending on the nature of the error,
you must:
• cancel permission to end on a different date
• reinstate the previous permission (this does not apply to 3C leave cases, see:
3C and 3D guidance)
• consider granting a new period of permission if appropriate, where the
permission has already been cancelled and there is no permission remaining
Record the new decision and reasons on the casework system. You must also send
the individual an ICD.1100 letter to let them know the outcome of the review.
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You must arrange for a new biometric residence permit (BRP) to be issued if both
the following apply:
• permission / leave has been reinstated or cancelled to a different expiry date
• the old vignette or biometric residence permit had been cancelled
If the individual will have less than 60 days permission when you reinstate their
permission, you should normally grant a period of permission so that the individual
has a total of 60 days permission on the existing code. This gives the individual the
chance to submit an in-time application for further permission, if they want to make a
further application. For more information, see: Deciding the date of expiry for
cancelled permission.
Related content
Contents
Immigration Rules: Part 9 Grounds for Cancellation
Cancellation decisions: case considerations and use of discretion
Related external links
Immigration Rules
