The Home Office require a migrant’s circumstances to be kept up-to-date at all times, regardless of whether the migrant holds a valid immigration status or they have an application that is under consideration. If a migrant’s circumstances are not kept-up-to-date, it could have a detrimental effect on the migrant’s UK immigration status.
What qualifies as ‘circumstances’?
For any migrant in the UK with a Biometric Residence Permit or an application which has been submitted to the Home Office but not yet decided, the Home Office advise that a report should be made if there are any changes to the following:
- personal details;
- contact details;
- criminal convictions; and
- separation from their partner or if any of their children stop living with them permanently.
Do you have a Police Registration certificate?
All of the above circumstances must be reported immediately if you are required to register with the police. The police may be unable to update any changes immediately and so an appointment should be made to do this as soon as possible.
Risk of curtailment
Curtailment occurs when the Home Office withdraw your right to remain in the UK. Many migrants underestimate the importance of updating the Home Office of changes to their circumstances whilst residing in the UK. A situation may arise where a migrant has moved address, not informed the Home Office and, for whatever reason, their leave is curtailed but they do not receive the curtailment notice as it was sent to an old address. This could lead to a migrant remaining in the UK illegally.
What do I do if I receive a driving penalty whilst my application is outstanding with the Home Office?
As with any change in circumstances, the Home Office should be updated so that their records are accurate and up-to-date. In the case of a driving offence, caution, conviction or other offence, it is imperative that the Home Office are advised as soon as these are received, even if the decision on an application already submitted to the Home Office has not yet been made. For example, if you have submitted an application to the Home Office and three months after submission (but before a decision is made) you commit an offence, you must inform the Home Office immediately. This type of update could have a negative impact on a decision if reported, but it could also have an effect on the migrant’s immigration status if it is not reported because the Home Office will likely find out and, as a result, will suspect the migrant of deception for not reporting it.
Deception forms part of the general grounds for refusal and so could cause an application to be refused or, if already decided, could result in the migrant’s leave being curtailed. Curtailment could result in the migrant being required to leave the UK.
Are you an employer and hold a sponsor licence?
Where a company sponsors a migrant worker and becomes aware of a change in the circumstances of a migrant in their employ, a report may need to be submitted to the Home Office, depending on the details, using the Sponsor Management System.
Companies holding sponsor licences have a number of duties and responsibilities and it is important that these are complied with. If you are concerned about any migrants you are sponsoring, please contact us to discuss the specific circumstances and we can advise accordingly.
How do I update my details?
How a migrant reports a change in circumstances depends on the nature of those changed circumstances and this may vary from one case to the next.
Gherson has extensive experience in acting for both individuals and corporate sponsors in respect of updating migrant circumstances. If you have any questions or queries in relation to this, please do not hesitate to contact us.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
Trainee Solicitor in our corporate team