When holding a UK visa that depends on a sponsoring employer, it is natural to worry about what could happen if your employment relationship changes. The link between your visa status and your sponsor’s obligations under UK immigration law creates uncertainty, especially if you face dismissal, redundancy or your employer decides to withdraw sponsorship. Many migrants wonder whether their sponsor has the power to cancel their visa directly, and what this means for their lawful stay in the UK.
What this article is about: This guide explains how sponsorship works in the UK, whether a sponsor can cancel your visa, what the Home Office does when sponsorship ends, and what options you have to remain lawful in the UK. It outlines the process of visa curtailment, the impact on you and your dependants, and the practical steps you may take if your visa is curtailed.
Section A: Sponsorship and UK Visas
The UK immigration system ties certain visa categories, such as the Skilled Worker visa, directly to a licensed sponsor. This framework ensures that migrants are employed in genuine roles and that employers comply with their regulatory responsibilities. To understand whether a sponsor can cancel a visa, it is first necessary to understand what sponsorship means in law and how it links to the conditions of a migrant’s stay.
1. The sponsor’s role and duties
A sponsor is an employer or education provider that holds a valid licence issued by the Home Office. The licence allows them to assign Certificates of Sponsorship (CoS) to overseas workers or Confirmation of Acceptance for Studies (CAS) to students. With this sponsorship, a migrant can apply for a visa.
Holding a licence carries strict duties. Sponsors must:
- Monitor attendance and compliance of sponsored workers or students
- Keep accurate records of employment and contact details
- Report changes in circumstances, such as termination of employment, unauthorised absences or breaches of visa conditions
If a sponsor fails to comply, they risk enforcement action by the Home Office, including suspension or revocation of their licence.
2. Home Office oversight of sponsors
The Home Office maintains active oversight of sponsors through compliance visits, document checks and digital reporting systems such as the Sponsor Management System (SMS). Sponsors are required to notify the Home Office of specific changes within tight timeframes.
For example, if a Skilled Worker resigns or is dismissed, the sponsor must report this within 10 working days. This duty does not immediately cancel the worker’s visa but instead triggers Home Office consideration of whether the visa should be curtailed.
3. Connection between visa and sponsor licence
A sponsored visa is only valid while the migrant remains linked to the sponsoring employer. The visa conditions are directly tied to the Certificate of Sponsorship issued for that specific role. If the link is broken — for instance, if the job ends or the sponsor loses their licence — the visa no longer meets its conditions.
This dependency explains why visa holders are vulnerable if their sponsor reports a change. The sponsor does not cancel the visa themselves, but their reporting duty ensures the Home Office is informed. The Home Office then decides whether to curtail the visa and reduce the period of leave.
Section Summary
Sponsorship under UK immigration law establishes a formal relationship between the sponsor, the migrant and the Home Office. Sponsors have duties to monitor and report, but they do not hold direct powers to cancel a visa. Instead, their reports inform the Home Office, which retains ultimate authority to curtail or withdraw leave to remain.
Section B: Can a Sponsor Cancel a Visa?
A common misconception is that a sponsoring employer can directly cancel a migrant’s visa. In reality, sponsors do not hold that power. Only the Home Office has the authority to grant or curtail leave to remain in the UK. However, the sponsor plays a critical role because their actions, particularly through mandatory reporting, may trigger the Home Office’s decision to cancel or shorten a visa.
1. What sponsors can and cannot do
A sponsor cannot revoke or invalidate a visa on its own. The visa is a legal grant of leave to remain issued by the Home Office, not by the employer. What the sponsor can do is:
- Withdraw the Certificate of Sponsorship (CoS) before the visa is issued
- Report to the Home Office when the sponsored employment ends or when the worker breaches visa conditions
- Stop employing or paying the worker if their visa conditions are no longer met
These actions will not automatically cancel a visa, but they are a trigger for Home Office review.
2. How the Home Office decides on visa curtailment
When a sponsor submits a report, the Home Office examines whether the basis for the visa has ended. If so, the Home Office may issue a curtailment notice, usually shortening the visa to a 60-day period (or less if the visa is due to expire sooner). In some cases, such as where deception is alleged or there are serious compliance breaches, the Home Office may give less than 60 days.
The Home Office considers:
- Whether the role for which the visa was granted still exists
- Whether the sponsor has withdrawn their support or lost their licence
- Whether the migrant has complied with immigration conditions
If the Home Office is satisfied that the conditions no longer apply, curtailment follows.
3. Circumstances that trigger curtailment
Typical scenarios where a visa may be curtailed include:
- The migrant resigns or is dismissed from their sponsored role
- The sponsor withdraws the CoS before the visa is granted
- The sponsor’s licence is suspended or revoked
- The sponsor reports unauthorised absences or breaches of visa conditions
In each of these cases, the sponsor has no discretion to let the visa continue. Once the Home Office is notified, it will decide whether to cut short the leave.
Section Summary
Sponsors cannot cancel a visa directly, but they can withdraw support or report changes that lead the Home Office to curtail a migrant’s leave. The legal power rests solely with the Home Office, though the sponsor’s actions are the mechanism by which a visa may be brought to an early end.
Section C: Consequences of Visa Curtailment
Once the Home Office decides to curtail a visa following a sponsor’s report, the migrant’s immigration status changes significantly. Curtailment does not mean immediate loss of status, but it does impose strict time limits and conditions that affect the individual and any dependants. Understanding the consequences is critical for planning next steps.
1. Curtailment notices and timelines
When the Home Office decides to curtail leave, it issues a written curtailment notice, usually by email or post to the last known UK address. The notice sets out: the reason for curtailment; the new expiry date of leave — typically 60 calendar days from the date of the letter, unless the visa is due to expire sooner, or in limited cases where the Home Office allows less than 60 days (for example where deception is alleged or there are serious compliance issues); and confirmation that you may make a new application before the curtailed leave expires.
During the curtailment period, you remain lawfully present in the UK provided you continue to meet your conditions of stay.
2. Impact on dependants
Dependants’ visas are linked to the main visa holder. If the principal migrant’s visa is curtailed, dependants will also have their leave shortened to the same date. Dependants cannot “transfer” sponsorship independently of the main applicant under work routes; they will either need to leave the UK with the main applicant or, where eligible, make their own applications under another immigration route.
3. Right to work and lawful status during curtailment
The migrant retains lawful status until the curtailment expiry date. However, the right to work remains tied to the sponsoring employer and the sponsored role. Once that employment ends, the individual cannot lawfully continue working for that employer or start work elsewhere under the same visa. To take a new job, a fresh permission is required — typically a new Certificate of Sponsorship from a licensed sponsor and a successful visa application. If no new application is made within the curtailment period, the migrant and any dependants must leave the UK by the curtailed expiry date. Overstaying beyond this date can lead to future refusals and potential re-entry bans.
Section Summary
Curtailment places a strict time limit on a migrant’s permission to stay in the UK. The individual and their dependants remain lawfully present during the notice period but must take immediate steps to secure new status. Failure to act before the curtailed leave expires risks overstaying and serious immigration consequences.
Section D: Options if Your Visa is Cancelled
Curtailment does not necessarily mean the end of a migrant’s stay in the UK. The Home Office provides a window of opportunity — usually 60 days — for individuals to take alternative action. The steps available depend on personal circumstances, eligibility under different routes, and the ability to secure a new sponsor or immigration basis.
1. Applying for a new visa or switching routes
The most immediate option is to apply for a fresh visa. This could mean applying again under the Skilled Worker route with a different employer that holds a valid sponsor licence, or switching to a different category, such as a family visa, student visa or another route, provided eligibility requirements are met. Any new application must be submitted before the curtailed leave expires. If submitted in time, section 3C of the Immigration Act 1971 extends lawful stay while the new application is decided.
2. Finding a new licensed sponsor
For those who wish to remain under the Skilled Worker route, securing a new job offer from an employer with a valid sponsor licence is key. A new Certificate of Sponsorship must be issued before an application can be made. Migrants should act quickly, as the process of recruitment, assigning a CoS and preparing a visa application can take several weeks. Employers must also satisfy skill and salary thresholds before sponsorship can be approved, which may limit options in some sectors.
3. Challenging curtailment or seeking legal redress
Where you believe the curtailment decision is based on a factual or legal error, you can submit written representations asking the Home Office to reconsider. Curtailment decisions generally do not attract a right of administrative review. In limited circumstances, it may be appropriate to pursue judicial review, which is a court process that challenges the lawfulness of a decision rather than its merits. Strict time limits apply and specialist legal advice is strongly recommended.
Section Summary
Curtailment provides a short window to protect your position. Practical options include making a fresh in-time application (triggering section 3C leave), obtaining a new Certificate of Sponsorship from a licensed employer, or, in limited scenarios, seeking legal redress where an error has occurred. Deadlines are tight, so prompt action is critical to avoid overstaying and its consequences.
FAQs
Can my employer revoke my Skilled Worker visa?
No. Only the Home Office has the power to cancel or curtail a visa. Your employer can withdraw sponsorship or report that your employment has ended, but the Home Office makes the final decision.
How much notice does the Home Office give after curtailment?
In most cases, you are given 60 calendar days from the date of the curtailment notice, unless your visa was due to expire sooner. In rare cases, the Home Office may give less time, for example where deception is alleged.
Can I switch to another visa if my sponsorship ends?
Yes, you may be able to switch into another category if you meet the eligibility criteria, such as a family visa, student visa or another work route. The application must be made before your curtailed leave expires.
What happens if I overstay after visa cancellation?
Overstaying beyond the expiry date of your curtailed leave makes you an overstayer. This can lead to future visa refusals, removal from the UK and potential re-entry bans.
Does my family’s visa get cancelled too?
Yes. Dependants’ visas are linked to the main visa holder. If your visa is curtailed, your partner and children will also have their leave shortened to the same date.
Conclusion
A sponsoring employer cannot cancel your UK visa directly. The authority to curtail or withdraw leave lies solely with the Home Office. However, the sponsor’s reporting duties mean that when your employment ends or conditions change, the Home Office is notified and will usually decide to shorten your visa.
Curtailment notices typically give 60 days to take action. During this period, you remain lawfully present in the UK but must either secure a new visa, find another licensed sponsor, or prepare to leave the country. Dependants are equally affected, and inaction can lead to overstaying, which carries severe consequences for future immigration prospects.
Understanding the link between sponsorship and visa status is vital. By acting promptly and exploring available options — whether switching visa routes, obtaining a new Certificate of Sponsorship, or seeking legal advice — you can maintain lawful status and protect your future in the UK.
Glossary
Term | Definition |
---|---|
Sponsor Licence | Authorisation granted by the Home Office allowing an employer or education provider to sponsor overseas workers or students. |
Certificate of Sponsorship (CoS) | A digital reference number issued by a licensed sponsor that enables a worker to apply for a Skilled Worker visa. |
Curtailment | The process by which the Home Office shortens a migrant’s period of leave, usually following a sponsor’s withdrawal of support or a change that ends the basis of leave. |
Leave to Remain | Permission granted by the Home Office to stay in the UK, either for a limited period (limited leave) or permanently (indefinite leave). |
Administrative Review | A procedure to challenge certain refusal decisions for case-working error. Curtailment decisions generally do not attract administrative review. |
Useful Links
Resource | Link |
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GOV.UK – Skilled Worker visa guidance | https://www.gov.uk/skilled-worker-visa |
GOV.UK – Visa cancellation and curtailment guidance | https://www.gov.uk/visa-cancellation |
GOV.UK – Sponsorship duties and licence guidance | https://www.gov.uk/uk-visa-sponsorship-employers |
DavidsonMorris – Skilled Worker visa guide | https://www.davidsonmorris.com/skilled-worker-visa/ |
DavidsonMorris – Sponsor licence guide | https://www.davidsonmorris.com/sponsor-licence/ |
DavidsonMorris – Can my sponsor cancel my visa in UK? | https://www.davidsonmorris.com/can-my-sponsor-cancel-my-visa-in-uk/ |