An apparent change in approach from the Home Office is leaving Skilled Workers with less time to make decisions about their future.
Generally, there are two ways in which a Skilled Worker might lose their permission to be in the UK:
- Their visa passes its expiry date, and no application to extend or switch their visa has been made.
- Their sponsor ceases to sponsor them – either because the sponsor’s licence has been revoked or (more commonly) because the sponsor is terminating the worker’s employment.
In the second scenario, while the Skilled Worker will lose the Right to Work from the moment their sponsorship is terminated, they do not have to leave the UK immediately. Instead, they are allowed to remain in the UK until the earlier of:
- the original visa expiry date; and
- the Home Office cancelling their permission to be in the UK.
Following the termination of sponsorship, the Home Office will ordinarily issue a curtailment letter, which will give the worker 60 days to either leave the UK or apply for an alternative visa. This 60-day period normally only starts running from the date of issue of the curtailment letter – although it cannot extend permission to a date later than the original visa expiry date.
This period can provide a crucial reprieve for Skilled Workers whose sponsorship has been terminated, as it means that they have more time to take legal advice on their position, search for sponsored roles, and consider options for alternative visas. Even for those individuals who are resigned to leaving the UK, the 60-day window will ordinarily mean that they have more than sufficient time to get their financial and residential affairs in order before departure.
Our past experience indicated that the Home Office did not generally treat the issuing of these curtailment letters as a matter of much urgency. We have had clients wait as long as several weeks, or even a few months, to receive their curtailment letters after their sponsorship is terminated. In practice, this has often meant that individuals have had significantly more time than the 60-day window to plan and take steps regarding their future in the UK.
That seems to be changing, however. We are increasingly hearing about cases in which the Home Office issue these curtailment letters on far shorter timescales, including as little as three weeks after the termination of sponsorship. Free Movement have even reported on one curtailment letter which set the 60-day period as running from the termination of sponsorship date, rather than from the issue date of the curtailment letter, representing a significant deviation from what has been, until now, consistent Home Office policy.
If this trend continues, Skilled Workers can expect to have far less time to make arrangements before their permission to stay in the UK comes to an end. If your sponsorship has been terminated, we would recommend seeking legal advice on your next steps.
If you have any questions about this article or require legal advice on your circumstances, please get in touch at immigration@fsp-law.com
This article is for information only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0118 951 6200.
