Immigration status and enforcement action: caseworker guidance

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-- EU Settlement Scheme and EU Settlement Scheme (Family Permit) cases
 
+- EU Settlement Scheme (EUSS) and EU Settlement Scheme (Family Permit) cases
 
 
 
 
 
 
 
@@ -2004,13 +2004,13 @@
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-version 10.0
 
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-published for Home Office staff on 28 January 2026
 
+version 11.0
 
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+published for Home Office staff on 7 May 2026
 
   
 
 
 
 
 
@@ -2024,9 +2024,8 @@
 
 
 
 
   
 
-- inserted additional examples of what to consider when making an in-country Appendix EU curtailment decision
 
-  
 
-- minor housekeeping changes – updated links
 
+- information relating to making a decision to curtail or cancel EUSS limited leave and EUSS family permit leave to enter obtained via Appendix EU or Appendix EU(FP) respectively, where the status holder is in the UK, has been removed - the relevant sections now direct caseworkers to the consolidated EUSS curtailment and cancellation guidance
 
+
 
 
 
 
 
 
 
@@ -2067,7 +2066,7 @@
 
 
 
 
 
 
-Cancellation as referenced in Part Suitability of the Immigration Rules and Appendix Service Providers from Switzerland means cancellation, variation in duration, or curtailment, of entry clearance or permission, which can take effect immediately or at a specified future date and whether the person is in the UK or overseas. Use of the word ‘cancellation’ does not change the statutory powers and in particular does not imply any power to curtail indefinite permission in country; the only power to cancel such leave in country is the power to revoke contained in section 76 of the Nationality, Immigration and Asylum Act 2002.
 
+Cancellation as referenced in Part Suitability of the Immigration Rules means cancellation, variation in duration, or curtailment, of entry clearance or permission, which can take effect immediately or at a specified future date and whether the person is in the UK or overseas. Use of the word ‘cancellation’ does not change the statutory powers and in particular does not imply any power to curtail indefinite permission in country; the only power to cancel such leave in country is the power to revoke contained in section 76 of the Nationality, Immigration and Asylum Act 2002.
 
 
 
 
 
 
 
@@ -2285,11 +2284,11 @@
     
 
     
 
 | 
 
-       | The individual has:
 
+       | The individual has either:
 
 
 
 • been convicted of a criminal offence for which they have received a custodial sentence of 12 months or more
 
 
 
-• is a persistent offender; or
 
+• is a persistent offender
 
 
 
 • their offending has caused serious harm
 
        | 9.4.2
 
@@ -3350,7 +3349,7 @@
 
 
 
 
 
 
-## 5.1 Part Suitability cancellation grounds: application to various Appendices
 
+## 5.1 Part Suitability cancellation grounds: application to various appendices
 
 
 
 
 
 
 
@@ -3397,7 +3396,7 @@
 - 
 
     
 
 
 
-Part 11 Asylum, see: Permission to stay on a protection route for asylum claims lodged on or after 28 June 2022 guidance
 
+Part 11 Asylum, see: Permission to stay on a protection route for asylum claims lodged on or after 2 March 2026 and Permission to stay on a protection route for asylum claims lodged on or after 28 June 2022 and before 2 March 2026 guidance
 
   
 
   
 
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@@ -3466,7 +3465,7 @@
 
 
 
 
 
 
-This page outlines the appendices to which Part Suitability of the Immigration Rules does not apply and sets out the appendix and annex to the Immigration Rules containing in-country curtailment grounds for leave granted under Appendix EU and Appendix EU (Family Permit). Part Suitability does not apply to Appendix Service Providers from Switzerland but that route was closed on 31 December 2025 and any visa issued under it expired on that date (where it had not already done so).
 
+This page outlines the appendices to which Part Suitability of the Immigration Rules does not apply and sets out the appendix and annex to the Immigration Rules containing in-country curtailment grounds for leave granted under Appendix EU and Appendix EU (Family Permit) and the cancellation grounds within Appendix Electronic Travel Authorisation. Appendix Service Providers from Switzerland is referenced, but that route was closed on 31 December 2025 and any visa issued under it expired on that date (where it had not already done so).
 
 
 
 
 
 
 
@@ -3507,6 +3506,8 @@
 - EU Settlement Scheme EU, other EEA, Swiss citizens and family members
 
   
 
 - EU Settlement Scheme: suitability requirements
 
+  
 
+- EU Settlement Scheme: cancellation and curtailment
 
 
 
 
 
 
 
@@ -3535,6 +3536,10 @@
 
 
 
 
 
 
+Where a person is identified to be in the UK or you cannot determine whether the person is in the UK or outside the UK, their pre-settled status will be retained until their appeal rights are exhausted (ARE).
 
+
 
+
 
+
 
 ## Administrative review
 
 
 
 
 
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-When you are considering whether to refer a case to the SRU for curtailment of EUSS limited leave or EUSS family permit leave to enter on the grounds that it is proportionate to curtail that leave due to false or misleading information, representations or documents having been submitted in the relevant application, or to any person to obtain a document in support of the application (in either case, whether or not to the leave holder’s knowledge), you must consider whether the false or misleading information, representation or documentation was material to the decision to grant the person that leave or an EUSS family permit. If it was not material to that decision, your referral for curtailment may be rejected by the SRU.
 
+When you are considering whether to refer a case to the SRU for curtailment of EUSS limited leave or EUSS family permit leave to enter, or the cancellation of EUSS indefinite leave on the grounds that it is proportionate to curtail that leave due to false or misleading information, representations or documents having been submitted in the relevant application, or to any person to obtain a document in support of the application (in either case, whether or not to the leave holder’s knowledge), you must consider whether the false or misleading information, representation or documentation was material to the decision to grant the person that leave or an EUSS family permit. If it was not material to that decision, your referral for curtailment may be rejected by the SRU.
 
+
 
+
 
+
 
+It is material if the false or misleading information, representation or documentation affects the applicant’s ability to meet the requirements of Appendix EU (or Appendix EU (Family Permit) because discounting that information, representation or documentation means that the applicant is either not eligible for leave under Appendix EU or eligible for limited leave to enter or remain rather than indefinite leave to enter or remain.
 
+
 
+
 
+
 
+Examples of false or misleading information, representations or documents include, but are not limited to the individual:
 
+
 
+
 
+  
 
+- providing false documentation, or using false information in order to acquire documentation, for example in respect of the individual’s claimed period of continuous qualifying period of residence in the UK
 
+  
 
+- falsely declaring that they have been resident in the UK for a continuous qualifying period of 5 years
 
+  
 
+- falsely claiming a family relationship, dependence or retained right of residence that does not exist
 
+  
 
+- providing false identity and nationality documentation for an individual on whom the individual’s eligibility for the scheme depends
 
+  
 
+- undeclared criminality conviction overseas that, had the Home Office been made aware of at the time of the decision, would have had a material difference as to whether to grant EU Settlement Scheme status
 
+
 
+
 
+
 
+
 
+You must have evidence to show that, whether or not to the individual’s knowledge and on the balance of probabilities, the individual or a third party had provided false or misleading information, representations or documents, which were material to the decision to grant the applicant indefinite or limited leave to enter or remain under Appendix EU or entry clearance under Appendix EU (Family Permit).
 
 
 
 
 
 
 
@@ -3706,7 +3736,7 @@
 
 
 
 
 
 
-## Ceasing to meet, or never met, the requirements of Appendix EU
 
+## Ceasing to meet, or never met, the requirements of Appendix EU (and Appendix EU Family Permit)
 
 
 
 
 
 
 
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+For EUSS family permit holders where, since the entry clearance was granted, there has been a change in circumstances that is, or would have been, relevant to that person’s eligibility for that entry clearance, their EUSS family permit must be considered for cancellation.
 
+
 
+
 
+
 
 Referrals to the SRU can only currently be made on this basis when a relevant family relationship has broken down or a relevant continuous qualifying period of residence the person is relying upon has been interrupted by the serving of a sentence of imprisonment which did not end before the end of the transition period. While there may be other circumstances which lead you to believe the person has ceased to meet, or never met, the requirements of Appendix EU a referral should not be made to the SRU on that basis.
 
 
 
 
 
@@ -3812,268 +3846,15 @@
 
 
 
 
 
 
+Guidance on how to consider the curtailment or cancellation of an individual’s EUSS limited leave or EUSS family permit leave to enter is available in EU Settlement Scheme: cancellation and curtailment.
 
+
 
+
 
+
 
 If you are an ICE officer, you must also familiarise yourself with this section of the guidance: Appendix EU and Appendix EU (Family Permit): in-country curtailment, including the section ‘What to consider before referral to the Status Review Unit’ You must also ensure you familiarise yourself with the: Guidance for Immigration Enforcement in respect of EU, other EEA and Swiss citizens and their family members.
 
 
 
 
 
 
 
-## Minded to curtail notification letter: EUSS limited leave and EUSS family permit leave to enter cases
 
-
 
-
 
-
 
-When you (in the SRU) receive a referral for curtailment of EUSS limited leave or EUSS family permit leave to enter on which you consider it may be appropriate to take action, you may need to notify the person that you are considering curtailment of their leave by serving a ‘minded to curtail’ notification letter, setting out the reasons why curtailment is being considered and allowing them the opportunity to provide reasons and evidence as to why their leave should not be curtailed.
 
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-
 
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-The ‘minded to curtail’ notification letter must be used in all cases based on fraud or deception, to allow the person the opportunity to respond to the allegations.
 
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-
 
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-In a marriage or civil partnership termination case, or where the person ceases to meet, or never met, the requirements of Appendix EU, you must use the ‘minded to curtail’ notification letter if you decide you need further information or evidence from the person before making a decision on curtailment.
 
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-You must also use the ‘minded to curtail’ notification letter if you decide you need further information or evidence to assist you in assessing the proportionality of curtailment.
 
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-
 
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-In using the ‘minded to curtail’ notification letter, you must select a time period of 21 days for the person to respond to the ‘minded to curtail’ notice. If they contact you with a reasonable request for more time to provide information or evidence, you may extend the time period, taking into consideration the circumstances and any evidence provided for this request.
 
-
 
-
 
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-After the deadline you have given the person has passed, you must make a decision based on all the information and evidence available to you.
 
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-If, after a response to the ‘minded to curtail’ letter has been received, you are unable to make a decision based on the information and evidence available to you, you may invite the person to interview as a further opportunity to provide information or evidence relevant to their case.
 
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-
 
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-## What to consider in making an in-country curtailment decision
 
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-
 
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-Where you are considering the curtailment of EUSS limited leave or EUSS family permit leave to enter, you must be satisfied that it is justified and proportionate to curtail that leave and you must provide your reasons in the decision letter.
 
-
 
-
 
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-## False or misleading information, representations or documents
 
-
 
-
 
-
 
-In considering curtailing EUSS limited leave or EUSS family permit leave to enter on the grounds of false or misleading information, representations or documents being submitted in an application, or in support of an application, you must consider whether the false or misleading information, representation or documentation was material to the decision to grant the person that leave. You must not curtail EUSS limited leave or EUSS family permit leave to enter if, regardless of the false or misleading information, representation or documentation the holder would otherwise be eligible for that leave. You must also only curtail leave if you consider that to be proportionate in all the circumstances.
 
-
 
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-For further information about false representations, see: Part Suitability: Deception, false representations, false documents and non-disclosure of relevant facts guidance.
 
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-
 
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-## Marriage, civil partnership or durable partnership of convenience
 
-
 
-
 
-
 
-If you receive a referral where a person or couple have taken part or attempted to take part in, or have assisted another person to enter or attempt to enter in to a marriage or civil partnership of convenience, you can consider the relevant conduct to have started when they are confirmed to have first acted to gain an immigration advantage through the relationship. For example, this may be when they confirmed their intention to marry or form a civil partnership. It does not have to be when a relationship began, or when a marriage or civil ceremony took place.
 
-
 
-
 
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-## Relationship breakdown
 
-
 
-
 
-
 
-Under Appendix EU, it is not required that a marriage or civil partnership be subsisting whilst a couple remain legally married, although it must not be a marriage or civil partnership of convenience. Curtailment decisions must not be made on the grounds that a spouse or civil partner has separated from their relevant EEA citizen family member, if that marriage or civil partnership has not legally ended.
 
-
 
-
 
-
 
-Before curtailing EUSS limited leave for relationship breakdown on the basis that the person ceases to meet the requirements of Appendix EU, you must assess whether the individual, notwithstanding the divorce or dissolution, still satisfies the eligibility criteria under that appendix. For example: under Appendix EU, they may have become eligible for settled status by virtue of having completed a continuous qualifying period of residence of 5 years as the spouse / civil partner of a relevant EEA citizen before the divorce / dissolution; or they may be eligible for EUSS indefinite or limited leave as a family member who has retained the right of residence, as defined in Appendix EU.
 
-
 
-
 
-
 
-## Serving a sentence of imprisonment
 
-
 
-
 
-
 
-If considering curtailing a person’s EUSS limited leave on the grounds that the person has broken their continuous qualifying period of residence by serving a sentence of imprisonment of any length in the UK and Islands which ended after the end of the transition period, you must ensure you take account of the following.
 
-
 
-
 
-
 
-Where, prior to serving a sentence of imprisonment, they completed a continuous qualifying period of residence in the UK and Islands of at least 5 years (or they acquired the right of permanent residence in the UK under regulation 15 of the EEA Regulations, or the right of permanent residence in the Islands through the application there of section 7(1) of the Immigration Act 1988 (as it had effect before it was repealed) or under the Immigration (European Economic Area) Regulations of the Isle of Man), they may rely on having completed that period (or acquiring that right) in applying for EUSS indefinite leave, if the imprisonment did not or does not lead to deportation.
 
-
 
-
 
-
 
-Where the continuous qualifying period of a relevant EEA citizen is broken by serving a sentence of imprisonment, this also breaks any continuous qualifying period of residence on which their family member relies (where they have not acquired the right of permanent residence in the UK under regulation 15 of the EEA Regulations, or the right of permanent residence in the Islands) as being a family member of a relevant EEA citizen. ` You must also consider in all cases whether it is proportionate to curtail their leave in light of all the information and evidence available to you. For more information, see Marriage Investigations: determining when relevant conduct commenced.
 
-
 
-
 
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-If, in the SRU, you are unsure whether the case should have been referred to your team.
 
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-
 
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-For further information, see: what to consider before referral to the Status Review Unit.
 
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-
 
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-For further information on both non-EUSS sham marriage cases and EUSS marriage, civil partnership or durable partnership of convenience cases, see section: cancellation in sham marriage cases in this guidance.
 
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-Where a curtailment decision is taken in respect of EUSS limited leave, or EUSS family permit leave to enter, a right of appeal will be triggered.
 
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-For further information, See: right of appeal.
 
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-You must not automatically curtail an individual’s leave in the above situations because these reasons for curtailment are discretionary. In light of all the information and evidence available to you, you must consider whether to exercise discretion.
 
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-Where you decide that curtailment is not appropriate, you must note that consideration has been given to curtailment and the reason for this on the person’s record.
 
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-Where you decide that curtailment is appropriate, you must use the relevant EUSS curtailment template to curtail the person’s leave.
 
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-For further information about the process and next steps, see: service of notices: EUSS limited leave and EUSS family permit leave to enter curtailment.
 
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-
 
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-## Service of notices: EUSS limited leave and EUSS family permit leave to enter curtailment (non-certified)
 
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-
 
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-EUSS limited leave and EUSS family permit leave to enter curtailment decisions must be sent on the relevant template which sets out the right of appeal. Where the person is in the UK at the time of the curtailment decision and the decision is not being certified, these are:
 
-
 
-
 
-  
 
-- curtailment of EUSS limited leave
 
-  
 
-- curtailment of EUSS family permit leave to enter
 
-
 
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-
 
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-You must select the option which reflects the reason you are curtailing the person’s EUSS limited leave or EUSS family permit leave to enter and ensure you demonstrate why you are satisfied that curtailment is proportionate. The ‘next steps’ section sets out the person’s right of appeal. This notice informs the person that they will not be removed from the UK during the period in which they can appeal or, if they lodge an appeal, until it has been finally determined (unless you have decided to certify the removal).
 
-
 
-
 
-
 
-If you decide that, after having reviewed the person’s case, you are not going to curtail their leave, you must issue the relevant template, either the:
 
-
 
-
 
-  
 
-- reinstated status - NFA on minded to curtail EUSS status
 
-  
 
-- reinstated EUSS family permit – NFA on minded to curtail EUSS FP
 
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-
 
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-## Post Decision Actions
 
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-## Casework system actions
 
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-Following service of an EUSS limited leave or EUSS family permit leave to enter curtailment decision, you must update the casework system, by selecting the appropriate case type and case outcome.
 
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-## Case types: EUSS curtailment
 
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-You must choose from the following case types:
 
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-curtailment EUSS – dependant
 
-  
 
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-- 
 
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-curtailment EUSS – other
 
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-- 
 
-    
 
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-curtailment EUSS – spouse / partner
 
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-
 
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-
 
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-## Case outcomes: EUSS curtailment
 
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-Where the person is in the UK at the time of the curtailment decision and you have chosen not to certify the decision, you must choose from the following case outcomes:
 
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-- 
 
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-EUSS Curtail – With Immediate Effect
 
-  
 
-  
 
-- 
 
-    
 
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-EUSS Curtailment not Pursued – Compliant
 
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-- 
 
-    
 
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-EUSS Curtailment not Pursued – Non-Compliant
 
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-## Reinstatement of EUSS limited leave or EUSS family permit leave to enter
 
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-
 
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-If you are reinstating EUSS leave after it has been curtailed, for example following a successful appeal of the curtailment decision or a reconsideration of the curtailment decision, or where a decision to curtail was made in error, you must select the following outcome:
 
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-- EUSS leave reinstated
 
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-
 
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-## 6.4 Liability to removal
 
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-
 
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-Where EUSS limited leave or EUSS family permit leave to enter is curtailed, the person can appeal the decision. They do not have to leave the UK and will not be removed while they could bring an appeal or while their appeal is in progress, save for those whose removal has been certified under regulation 16 or 16A of the Citizens’ Rights Appeals Regulations.
 
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-As a result, anyone (other than those whose removal has been certified under regulation 16 or 16A of the Citizens’ Rights Appeals Regulations) who has their EUSS limited leave or EUSS family permit leave to enter curtailed, will only become removable under section 10(1) of the Immigration and Asylum Act 1999 (as a person who requires but does not have leave to enter or remain in the UK) once they become Appeal Rights Exhausted (ARE). This means where no appeal has been lodged within the time frame for bringing an appeal, or if an appeal is lodged, where it has been finally determined.
 
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-National Returns Progression Command (NRPC) will need to take a separate decision on the person’s removal from the UK. If they remain liable to removal, NRPC must serve the person with a notice of liability to remove. This notice contains a section 120 notice which gives the person the opportunity to provide any reasons why they should be allowed to stay in the UK. Any such reasons must be considered and addressed prior to any removal action.
 
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-Further information on the EUSS can be found in the EU Settlement Scheme EU, other EEA, Swiss citizens and family members guidance.
 
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-## 6.5 Appendix Service Providers from Switzerland
 
+## 6.4 Appendix Service Providers from Switzerland
 
 
 
 
 
 
 
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-## 6.6 Appendix Electronic Travel Authorisation
 
+## 6.5 Appendix Electronic Travel Authorisation
 
 
 
 
 
 
 
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-## 6.7 Related content
 
+## 6.6 Related content
 
 
 
 
 
 
 
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-## 6.8 Related external links
 
+## 6.7 Related external links
 
 
 
 
 
 
 
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-You can only curtail discretionary leave or leave outside the rules under section 3(3)(a) of the 1971 Immigration Act instead of under the Immigration Rules. You must not curtail discretionary leave or leave outside the rules using the general grounds set out under section 2 of the Immigration Rules. This is because the leave was granted outside the rules (and therefore they do not apply).
 
+You can only curtail discretionary leave or leave outside the rules under section 3(3)(a) of the 1971 Immigration Act instead of under the Immigration Rules. You must not curtail discretionary leave or leave outside the rules using the general grounds set out under Part Suitability of the Immigration Rules.](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-suitability) This is because the leave was granted outside the rules (and therefore they do not apply).