In recent years, immigration rules have increasingly focused on addressing changes in individual circumstances that impact the right to remain in the UK. These updates in Appendix EU reflect policies designed to ensure compliance with public policy, security, and the need for transparency in cases where a person’s immigration status may no longer align with the rules.
Grounds for Cancellation and Curtailment of Leave Under Appendix EU
Several provisions in Appendix EU empower the Secretary of State or an Immigration Officer to cancel or curtail a person’s leave if certain criteria are met. These powers apply to both indefinite and limited leave to remain under various conditions:
Non-Conducive Presence to the Public Good: A person’s leave can be cancelled if their presence is deemed contrary to public good due to conduct postdating their grant of leave.
Excluded Persons: Leave must be cancelled if an individual is classified as an excluded person, as outlined in section 8B(4) of the Immigration Act 1971. This includes persons whose conduct, either before or after a specified date, warrants exclusion on grounds of public policy, security, or health.
Submission of False Information: If an applicant’s status was obtained based on misleading or false information, their leave may be cancelled or curtailed as a proportional measure.
Failure to Meet Requirements of Appendix EU: If an individual ceases to meet the requirements of their granted leave, the Secretary of State can also decide to curtail or cancel their status.
Triggers for a Status Review and Risk of Curtailment
Curtailment actions can be particularly relevant to spouses and partners who obtained pre-settled status based on a relationship. If such relationships end, the Home Office can initiate a status review, potentially resulting in the loss of status. Here are two primary triggers for this review:
Notification from the Sponsor: Often, the former spouse or partner notifies the Home Office of the separation, potentially leading to curtailment actions. These notifications are accessible to the Home Office and may lead to retrospective status reviews, even if the notification was submitted years prior.
Referral by Caseworkers: Home Office caseworkers can refer cases to the Status Review Unit if they believe an individual no longer satisfies Appendix EU requirements. For instance, when pre-settled status holders apply to upgrade to settled status, any discrepancies or concerns may prompt further review.
Impact on Vulnerable Individuals, Including Victims of Domestic Abuse
The Home Office’s focus on relationship-based statuses means that vulnerable individuals, especially those affected by domestic abuse, may face heightened risks. Abusive partners may try to initiate curtailment actions, causing additional stress and uncertainty. Therefore, pre-settled status holders should obtain legal advice following a relationship breakdown to understand how it may impact their immigration status. For victims of abuse, organisations like Rights of Women offer specialist advice services to support them in navigating these challenges.
The rules also provide for ‘retained rights’ for victims, allowing them to maintain their pre-settled status after relationship breakdowns in specific circumstances. Legal advice is crucial to ensure individuals understand these rights and can apply them where eligible.
Tips for Pre-Settled Status Holders Facing a Relationship Breakdown
Pre-settled status holders should take proactive steps to protect their status:
Update Contact Details: Ensure that the contact information on their UKVI account is current, as the Home Office will use these details for any correspondence related to status reviews or curtailment.
Consider a Repeat EUSS Application: Some individuals may benefit from a repeat application, which provides the Home Office with updated circumstances, helping to reduce the risk of future curtailment actions. This is especially relevant for vulnerable individuals who need to establish their status independently of a former partner.
Seek Immediate Legal Advice on Any Correspondence from the Home Office: The Home Office typically provides a short window to respond to status review correspondence, often only 14 days. If more time is needed, individuals should request an extension.
Appeals Process: If curtailment is confirmed, the individual has the right to appeal. This must be done within 14 days of receiving the decision, during which the individual retains their rights and status.
Practical Implications for Legal Practitioners
For legal practitioners, understanding these provisions and the nuances of Appendix EU is essential to effectively advise clients facing a status review or curtailment risk. Practitioners should remain aware of the triggers that can prompt a status review, as well as the protective measures available to vulnerable clients, such as repeat applications and retained rights.
In cases where a client’s status is at risk, emphasising proportionality in responses to the Home Office can help argue against curtailment, especially where the client’s circumstances or personal history warrant consideration of their continued residence in the UK.
Final Thoughts
The evolving landscape of Appendix EU requires both vigilance and understanding from legal practitioners and pre-settled status holders alike. With proactive legal guidance, pre-settled status holders can better navigate the complexities of status retention, especially in light of challenging personal circumstances or relationship changes.
