We specialise in assisting Tier 2 employers and workers with compliance issues. (2) Part 9 does not apply to refusal of leave to enter where the person is seeking entry to the UK by virtue of having been granted an entry clearance under Appendix EU (Family Permit). In addition to the grounds for refusal of extension of stay set out in Parts 2-8 of these Rules, the following provisions apply in relation to the refusal of an application for leave to remain, variation of leave to enter or remain or, where appropriate, the curtailment of leave, except that only paragraphs (1A), (1B), (5), (5A), (9) and (10) shall apply in the case of an application made under paragraph 159I of these Rules. The main reasons being: There is some flexibility available for the Home Office in some scenarios and the power to curtail becomes discretionary. Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. (23) where the applicant has failed to pay litigation costs awarded to the Home Office.

(22) where one or more relevant NHS body has notified the Secretary of State that the person seeking entry or leave to enter has failed to pay a charge or charges with a total value of at least £500 in accordance with the relevant NHS regulations on charges to overseas visitors. B320(1). (1A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application. Section 3 (3) of the 1971 Act gives the power to curtail workers limited leave to enter or remain. We use cookies to collect information about how you use GOV.UK. Paragraphs 320 (except subparagraph (3), (10) and (11)) and 322 do not apply to an application for entry clearance, leave to enter or leave to remain as a Family Member under Appendix FM, and Part 9 (except for paragraph 322(1)) does not apply to an application for leave to remain on the grounds of private life under paragraphs 276ADE-276DH. (c) The employment changes to a job in a different Standard Occupational Classification (SOC) code to that recorded by the Certificate of Sponsorship Checking Service, unless all of the following apply: (i) the applicant is sponsored to undertake a graduate training programme covering multiple roles within the organisation, (ii) the applicant is changing to a job in a different SOC 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. From the very first meeting, we will be able to advise you in respect of your prospects of challenging Tier 2 Curtailment Notice before your challenge even reaches the Home Office UK Visa & Immigration department. (1B) the applicant is, at the date of application, the subject of a deportation order or a decision to make a deportation order; (1C) where the person is seeking indefinite leave to enter or remain: (2) the making of false representations or the failure to disclose any material fact for the purpose of obtaining leave to enter or a previous variation of leave or in order to obtain documents from the Secretary of State or a third party required in support of the application for leave to enter or a previous variation of leave. 323C. or the fact that he represents a threat to national security; (6) refusal by a sponsor of the person concerned to give, if requested to do so, an undertaking in writing to be responsible for his maintenance and accommodation in the United Kingdom or failure to honour such an undertaking once given; (7) failure by the person concerned to honour any declaration or undertaking given orally or in writing as to the intended duration and/or purpose of his stay; (8) failure, except by a person who qualifies for settlement in the United Kingdom or by the spouse or civil partner of a person settled in the United Kingdom, to satisfy the Secretary of State that he will be returnable to another country if allowed to remain in the United Kingdom for a further period; (9) failure by an applicant to produce within a reasonable time information, documents or other evidence required by the Secretary of State to establish his claim to remain under these Rules; (10) failure, without providing a reasonable explanation, to comply with a request made on behalf of the Secretary of State to attend for interview; (11) failure, in the case of a child under the age of 18 years seeking a variation of his leave to enter or remain in the United Kingdom otherwise than in conjunction with an application by his parent(s) or legal guardian, to provide the Secretary of State, if required to do so, with written consent to the application from his parent(s) or legal guardian; save that the requirement as to written consent does not apply in the case of a child who has been admitted to the United Kingdom as an asylum seeker. Curtailment of leave means that the expiry date of your Tier 4 visa is cut short (brought forward), effectively giving you a new visa end date… Existing user? Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. (e) If the migrant was required to be Sponsored for a job at a minimum National Qualification Framework level in the application which led to his last grant of entry clearance or leave to remain, the employment changes to a job which the Codes of Practice in Appendix J record as being at a lower level.
The Immigration Act 2014 (“the 2014 Act”) introduced significant changes to the right of appeal and liability to removal for all curtailment notices that fall under the 1971 Act. (b) the person is a persistent offender who shows a particular disregard for the law. Imagine being able to quickly find up-to-date guidance on points of law and then easily pull up sources to support your advice. There are a number of different scenarios where the Home Office may issue a migrant worker with a Tier 2 Curtailment Notice. 323A. 3 January 2017 'Immigration Rules archive: 12 December 2016 to 31 December 2016' and 'Immigration Rules archive: 1 January 2017' added. It will take only 2 minutes to fill in. If the Tier 2 worker fails to report to the Tier 2 Sponsor for the commencement of work or fails to comply with the terms of the Certificate of Sponsorship (CoS); If the Tier Sponsor fails to update the Sponsorship Management System (SMS) of key significant changes to the employment i.e. due to licence revocation for a failure to comply with the mandatory sponsor duties or if where the Sponsor has voluntarily surrendered its licence; If the Tier 2 Sponsor fails to renew its Tier Sponsor Licence; If the Tier 2 worker has engaged in criminal activities; or. In addition to the grounds of refusal of entry clearance or leave to enter set out in Parts 2-8 of these Rules, the following grounds for the refusal of entry clearance or leave to enter apply: (1) the fact that entry is being sought for a purpose not covered by these Rules; (2) the fact that the person seeking entry to the United Kingdom: (a) is currently the subject of a deportation order; or, (b) has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years; or, (c) has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 12 months but less than 4 years, unless a period of 10 years has passed since the end of the sentence; or. The powers set out in the act are being commenced by a series of commencement orders. In particular, cases where the person to whom the business is transferred to does not hold a Tier 2 Sponsor Licence. Generally, when a business with Tier 2 workers transfers the business to another person the Home Office will consider issuing the migrant worker(s) with curtailment notices under paragraph 323A (b) (ii) of the Immigration Rules. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. All content is available under the Open Government Licence v3.0, except where otherwise stated, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, Immigration Rules part 9: grounds for refusal. (3) failure by the person seeking entry to the United Kingdom to produce to the Immigration Officer a valid national passport or other document satisfactorily establishing his identity and nationality save that the document does not need to establish nationality where it was issued by the national authority of a state of which the person is not a national and the person’s statelessness or other status prevents the person from obtaining a document satisfactorily establishing the person’s nationality; (4) failure to satisfy the Immigration Officer, in the case of a person arriving in the United Kingdom or seeking entry through the Channel Tunnel with the intention of entering any other part of the common travel area, that he is acceptable to the immigration authorities there; (5) failure, in the case of a visa national, to produce to the Immigration Officer a passport or other identity document and to have entry clearance for the purpose for which entry is sought; (6) where the Secretary of State has personally directed that the exclusion of a person from the United Kingdom is conducive to the public good; (7) save in relation to a person settled in the United Kingdom or where the Immigration Officer is satisfied that there are strong compassionate reasons justifying admission, confirmation from the Medical Inspector that, for medical reasons, it is undesirable to admit a person seeking leave to enter the United Kingdom. A Tier 2 Curtailment Notice is a formal document issued by the Home Office informing Tier 2 workers that their right to stay in the UK has been revoked. Don’t worry we won’t send you spam or share your email address with anyone.

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