Home Office curtailment of Sponsored Workers’ permission: Why employers and employees must act quickly

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.