Immigration – When must a Skilled Worker leave the UK following termination of employment and visa curtailment?

When is a Skilled Worker visa curtailed?

A sponsored worker’s Skilled Worker visa may be cancelled (“curtailed”) by the Home Office where:

• the individual is dismissed or resigns and sponsorship ends;
• the sponsor’s licence is revoked or surrendered; or
• other cancellation grounds apply (for example criminality, deception or breach of conditions).

Curtailment does not happen automatically when employment ends. A worker’s visa is only curtailed once the Home Office issues a formal curtailment decision.

Curtailment decision and grace period

Where curtailment is not due to the worker’s fault (for example, dismissal or sponsor licence loss), the Home Office will usually shorten the individual’s permission to stay to 60 days, unless the visa would otherwise expire sooner.

The curtailment decision should set out:

• the reason for cancellation; and
• the new expiry date of the individual’s permission to stay.

During the 60-day grace period, the individual may:

• look for a new sponsor;
• apply to switch into another eligible immigration route; or
• prepare to leave the UK.

They must not work during this period if they no longer have valid sponsorship, including for the former sponsor or by way of supplementary employment.

By the end of the grace period, the individual must either:

• submit a valid application for further permission to stay; or
• leave the UK.

When does the 60-day period start?

The 60-day grace period starts when the Home Office issues and serves the curtailment decision, not when employment or sponsorship ends.

This distinction is critical.

How is a curtailment decision served?

A curtailment decision may be served by the Home Office to:

• the UK postal address or email address provided by the individual or their representative;
• the individual’s last known or usual postal address; or
• “on file”, where there is no valid postal or email address available.

The Home Office may contact the former or current sponsor to request the individual’s contact details.

It is the individual’s responsibility to ensure that their contact details are kept up to date in their UKVI account.

Once a curtailment decision is considered served (including service “on file”), the 60-day grace period begins even if the individual does not actually receive or read the notice.

What if the curtailment letter is not received?

It is possible for an individual not to receive a curtailment decision for a number of reasons, including:

• delay or failure by the sponsor to report termination to the Home Office;
• processing delays within the Home Office; or
• correspondence being sent to an old address or email account.

Failure to receive a curtailment notice does not, by itself, mean the individual has continuing lawful status.

If the Home Office has issued a curtailment decision and validly served it (including “on file”), then the grace period will run regardless of whether the individual personally received the notice.

This means an individual may unknowingly overstay if they assume their visa remains valid simply because no letter was received.

Can an individual stay in the UK if 6 months have passed since employment ended and no curtailment letter was received?

There is no automatic right to remain simply because a curtailment letter has not been received.

In practice, one of the following situations may apply:

1. No curtailment decision has been issued

This may occur if the sponsor did not report termination or the Home Office has not yet processed it. In this scenario, the visa may technically remain valid, but this position is unstable and can change without notice. The individual must not work.

2. Curtailment decision issued and served “on file”

In this case, the 60-day period may already have expired, even if the individual was unaware of it. The individual is likely to be overstaying, which can have serious consequences for future immigration applications.

3. Curtailment decision issued late

Sometimes the Home Office issues curtailment months after employment ends. The grace period will then run from service of that decision, not from termination.

Because of these variables, time since termination alone does not determine immigration status.

What should an individual do if they suspect their visa has been curtailed but have not received a notice?

If an individual becomes aware that their sponsorship has ended but has not received a curtailment decision, they should act promptly. Recommended steps include:

• checking and updating contact details in their UKVI account;
• checking all email accounts (including spam folders) and previous postal addresses;
• contacting the Home Office or seeking confirmation of their status via a legal representative; and
• exploring alternative immigration options at an early stage, rather than waiting passively for a notice.

Waiting without taking action carries risk.

Key takeaway

• Termination of employment does not automatically cancel a Skilled Worker visa.
• Curtailment starts the grace period but non-receipt of the letter does not stop the clock.
• An individual may be overstaying without realising it if a curtailment decision has been served “on file”.

Where status is uncertain, early advice is essential.

If you wish to discuss the above or have questions about skilled worker visa applications or sponsor licence applications please contact our UK immigration lawyers on 02079036888.