The Home Office has recently changed the speed at which it processes sponsor notifications following the end of a sponsored worker’s employment. Curtailment notices, which historically could take many months to issue, are now being sent significantly sooner, in some cases within only a few weeks.
This operational change has important implications for both UK sponsors and sponsored workers. Employers should ensure they understand their reporting obligations and the impact that curtailment may have on former employees, while sponsored workers should take prompt steps to protect their immigration status and avoid unintended consequences, particularly where international travel is planned.
What is curtailment?
Curtailment is the process by which the Home Office shortens a person’s existing immigration permission before its original expiry date.
For sponsored workers, this commonly occurs after a sponsor reports that employment has ended before the end date stated on the worker’s Certificate of Sponsorship (CoS). This could arise where the employee resigns, is dismissed for misconduct or capability reasons, or is made redundant.
Once notified, the Home Office will usually consider curtailing the worker’s permission. In most cases, permission is reduced to expire 60 days after the curtailment decision is issued, unless the worker’s existing permission expires sooner.
Where the sponsored worker has dependants, their immigration permission will generally be curtailed so that it ends on the same date.
When does leave end immediately?
Although a 60-day curtailment period is standard practice, there are important exceptions.
Under Article 13(3) of the Immigration (Leave to Enter and Remain) Order 2000, immigration permission can end immediately where:
- the individual is outside the Common Travel Area when the curtailment notice is issued; or
- they leave the Common Travel Area after the curtailment notice has been issued.
This means that travelling abroad during this period can have serious immigration consequences and may prevent an individual from returning to the UK using their existing permission.
This operational change has important implications for both UK sponsors and sponsored workers.
Why is this becoming a bigger issue?
Until recently, there were often significant delays between a sponsor reporting the end of employment and the Home Office issuing a curtailment decision. In many cases, individuals had already secured a new visa or left the UK before any curtailment action was taken.
The Home Office is now processing these notifications much more quickly. As a result, employers and sponsored workers should assume that curtailment may occur shortly after the sponsor reports the end of employment.
What should employers do?
Sponsors should review their internal processes to ensure they remain compliant while also helping affected employees understand the immigration consequences of termination.
Good practice includes:
- reporting the end of employment through the Sponsor Management System (SMS) within the required 10 working days after employment has ended;
- retaining copies of all SMS reports and supporting HR records;
- informing departing sponsored workers that their immigration permission may be curtailed shortly after the report is submitted;
- encouraging employees to update their UKVI account with current contact details; and
- reminding employees of the risks associated with overseas travel during the curtailment period.
Where appropriate, employers may also wish to consider whether contractual notice periods, garden leave or payments in lieu of notice provide sufficient time for employees to explore alternative immigration options before their permission expires.
What should sponsored workers do?
Sponsored workers should not assume that they will have many months before receiving a curtailment notice.
Individuals should:
- confirm when their employer intends to notify the Home Office that employment has ended;
- ensure their UKVI account contains up-to-date contact information;
- monitor emails carefully for any correspondence from the Home Office;
- seek immigration advice promptly if they receive a curtailment notice;
- submit any application for further permission before their curtailed leave expires; and
- avoid travelling outside the Common Travel Area until their immigration position has been resolved.
International travel risks
International travel presents one of the greatest risks following the end of sponsored employment.
If a worker leaves the Common Travel Area after a curtailment notice has been issued, their permission may end immediately. They may be unable to return to the UK using their existing visa and may instead need to make a fresh entry clearance application.
Even where curtailment has not yet taken place, Border Force officers retain discretion to cancel immigration permission where there has been a significant change in circumstances, including where sponsored employment has ended.
There is an additional consideration for individuals who have already submitted a further immigration application. Leaving the Common Travel Area before that application has been decided will normally result in the application being treated as withdrawn.
Key takeaways
The Home Office’s accelerated approach to curtailment means that immigration planning should begin as soon as sponsored employment is expected to end.
Employers should ensure sponsor reporting obligations are met while communicating clearly with departing sponsored workers about the potential immigration consequences. Sponsored workers should seek advice at the earliest opportunity to explore alternative visa routes and avoid unnecessary disruption to their ability to remain in, or return to, the UK.
If your organisation employs sponsored workers or you have questions about curtailment, sponsor compliance or alternative immigration options, the Business Immigration team at Clarkslegal can provide tailored advice to help you manage these issues effectively.
