In recent months the Home Office has been taking much swifter action to curtail immigration permission following the end of a sponsored worker's employment. This article explains how this operational change may create new practical issues relating to areas such as international travel and re-sponsorship.

What's curtailment of immigration permission and how does it work?

Curtailment of immigration permission occurs where the Home Office takes a decision to vary the length of a person's existing UK immigration permission by shortening it.

Curtailment can happen for a range of reasons, but will be triggered as standard practice where a sponsor has notified the Home Office that the employment of a sponsored worker has ended earlier than the end date specified on their Certificate of Sponsorship (CoS).

Employment may be terminated early for various reasons, including where the worker:

  • Resigns;
  • Is dismissed for reasons relating to capability of conduct; or
  • Is dismissed as their role is redundant.

Depending on the circumstances, a sponsor may make different decisions on whether it's appropriate to offer a payment in lieu of notice (PILON), garden leave and/or a longer notice period than specified in the worker's contract. Longer periods of garden leave and/or notice may assist the worker to find an alternative sponsor or be ready to make an application for further permission in another immigration route they are eligible for.

It's standard practice for curtailment to take effect 60 days after the date of the decision notice, unless the worker's permission is due to expire earlier than this (in which case it will just be left to expire). Curtailment is discretionary, and can take effect earlier or later than 60 days, depending on the circumstances. 

If the permission of a sponsored worker is curtailed, the permission of any dependants will normally be curtailed in line so that it expires on the same date as the worker's.

Where it applies, the 60-day period is intended to provide affected individuals with a small window of opportunity to make an application for further permission or to arrange their departure from the UK. However, in line with article 13(3) of the Immigration (Leave to Enter and Remain) Order 2000, the curtailed immigration permission will come to an end earlier than the 60 day period in the following circumstances:

  • If the individual is outside the Common Travel Area (CTA) on the date the decision notice is issued – in this case permission will end on the date of the notice; and
  • If the individual leaves the CTA on or after the date the decision notice is issued – in this case permission will end on the date the person leaves the UK. 

In recent years, there has been a significant delay in the Home Office acting on sponsor notifications of end of employment, with the result that in many cases, permission will not have been curtailed by the time affected individuals have either made a further immigration application or have left the UK permanently.

The Home Office is now taking much swifter action on sponsor notifications, with curtailment notices now going out in as little as a month or two after the date of notification. This means that sponsors and affected individuals must now pay attention to curtailment-related consequences.

Tips for sponsors 

We would suggest that you:

  • Assume that curtailment action will swiftly follow termination, and take this into account where relevant and appropriate when considering the conditions and timing of termination;
  • Make the notification of employment termination after the termination date and within 10 working days of it – this will minimise the possibility of the worker having less than 60 days after the termination date to arrange their affairs;
  • Ensure you keep copies of the Sponsor Management System (SMS) submission relating to the migrant change of circumstances, and any internal HR records relating to the termination;
  • Notify the sponsored worker that the anticipated curtailment of permission to 60 days may begin at any time from the date the request is submitted on the SMS; and
  • Highlight the travel implications discussed below to the sponsored worker.

Tips for individuals

If you're an individual whose sponsorship is due to be terminating earlier than your CoS end date, we would suggest that you:

  • Confirm when your sponsor is intending to notify the Home Office of the termination of your employment (and ask for this to be after the date of termination, if necessary);
  • Check that your UKVI account shows your up-to-date contact details;
  • Monitor your email account for a curtailment notice from the Home Office;
  • Read any curtailment notice you receive carefully – if you believe there's an error, notify your sponsor without delay and follow the process set out in the notification to request an amendment;
  • Ensure you either apply for further permission or depart the UK before the revised permission expiry date;
  • Don't travel outside the CTA until either after you have further immigration permission granted, or you are ready to leave the UK – this applies equally to you and any dependants;
  • Be aware that if you are a sponsored worker (or dependant) and travel outside the CTA after the sponsor has notified the Home Office that the sponsored work has ended, this may risk:
    • Your permission being curtailed while you are abroad, with the result that your permission will lapse and you won't be able to return on it;
    • If you are a Skilled Worker, you becoming ineligible to rely on transitional arrangements relating to salary and/or skill level in any Skilled Worker entry clearance application that you intend to make to enable you to return to the UK; and/or
    • You needing to remain outside the UK while your immigration position is resolved; and
    • Significant cost and stress associated with needing to resolve a more complex immigration scenario. 

Even if your permission hasn't been curtailed by the time you seek to return to the UK, you may face potential difficulties being granted re-entry after the termination date. This is because Border Force has discretion to cancel immigration permission at the border where there is a change of circumstances justifying this, and/or if you are seeking entry for a different purpose from the purpose your permission was granted for. 

Separately, you should be aware that if you travel outside the CTA after submitting an application for further permission and before it has been decided, your application would be considered withdrawn from the date of your departure from the UK. 

Need more help?

If you need assistance with managing termination of sponsorship notifications or understanding how curtailment action may affect you, please contact a member of our Immigration Team. 

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