Dependant visa status after curtailment or refusal

This is an important question and the answer depends on several factors, including the type of visa you hold, the immigration status of your dependants, and the specific circumstances of the curtailment or refusal.

General position:

Dependants in the UK on a visa linked to yours (for example, as your partner or child under the same immigration route) generally derive their leave from your status as the main applicant. This means that if your leave is curtailed or your application is refused, their immigration position is directly affected.

What happens to dependants when the main applicant's visa is curtailed:

Where the main applicant's leave is curtailed, the Home Office will usually also curtail the dependant's leave. The dependants should receive separate curtailment notices. Their leave would typically be curtailed to the same date as, or shortly after, the main applicant's leave ends. This is provided for under section 3(3)(a) of the Immigration Act 1971 and the Immigration Rules.

What happens when the main applicant's application is refused:

If you make an in-country application to extend or switch your visa and it is refused, your dependants who applied at the same time will normally also have their applications refused. If you had existing leave that was extended by section 3C of the Immigration Act 1971 (because you applied before your leave expired), that section 3C leave ends for both you and your dependants when the application is finally determined, including any appeal or administrative review period.

Situations where dependants may be able to stay:

1. Independent leave to remain. If a dependant has obtained leave in their own right, separate from yours, that leave is not automatically affected by the curtailment or refusal of your visa. For example, a partner who has been granted indefinite leave to remain is not dependent on your status.

2. A fresh application in their own name. Dependants may be able to make a fresh application on a different immigration route, for example under the family and private life rules (Appendix FM or paragraph 276ADE of the Immigration Rules), if they can meet the requirements independently. This could include applications based on long residence, a relationship with a British citizen or settled person, or the best interests of a child.

3. Human rights claims. Dependants, particularly those with children who are British citizens or who have lived in the UK for a long time, may be able to make a human rights-based application relying on Article 8 of the European Convention on Human Rights (right to respect for private and family life). The strength of such an application will depend on the specific facts, including how long they have lived in the UK, the strength of their ties, and the best interests of any children involved.

4. Right of appeal or administrative review. If the curtailment or refusal carries a right of appeal or administrative review, dependants may also be able to challenge the decision in their own right. During any appeal period (and while an in-time appeal is pending), removal cannot normally take place.

5. EU Settlement Scheme or other settled status. If a dependant holds pre-settled or settled status under the EU Settlement Scheme, this is a separate grant of leave and would not be affected.

Key practical steps:

1. Check whether the dependants' leave is genuinely linked to yours or whether they hold leave in their own right.

2. Look carefully at any curtailment or refusal letters issued to both you and your dependants, including any stated deadline for departure and any appeal or review rights.

3. Consider whether any dependant can make a fresh application in time (ideally before their existing leave expires, to benefit from section 3C leave).

4. Gather evidence of ties to the UK, including length of residence, children's schooling, employment, community ties, and any other Article 8 factors, in case a human rights-based application is needed.

5. Act quickly, because once leave expires without a pending application, the dependant becomes an overstayer, which significantly complicates any future application.

Important caveats:

The precise position depends on which immigration route you are on, the specific wording of the curtailment notice or refusal decision, and the individual circumstances of each dependant. The rules differ depending on whether you are on a work visa, student visa, or another route. The dates matter enormously, as does whether any application was made before existing leave expired.

If you can share more detail about the visa route, the dates, and the specific decision received, I can give you a more tailored answer.