ECB18 - ECO revocation of an entry clearance

This is internal guidance for use by entry clearance (visa) staff on the handling of visa applications made outside the UK. It is a live document under constant review and is for information only.

ECB18.1 When can an ECO revoke an entry clearance?

Any visit* entry clearance (even if "activated" by an IO) can be revoked by an ECO under paragraph 30A of the Immigration Rules. This includes long term visit visas of 1, 2, 5 and 10 years. 

* general visitor, student visitor, business visitor, sports visitor, etc

See ECB18.2 below for further guidance on using paragraph 30A of the Immigration Rules.

Other categories of entry clearance can be revoked by an ECO if the leave has not (not) been 'activated' by an Immigration Officer. Leave to remain and leave granted on an ICFN cannot be cancelled or curtailed by an ECO.

Example 1:
The holder of student leave under PBS Tier 4 has yet to travel to the UK. A material change in circumstances is established before the applicant arrives in the UK and therefore the leave should be revoked under paragraph 30A.

Example 2:
The holder of work permit dependant leave arrived in the UK in 2008. His work permit dependant leave expires in late 2010 but he has now applied for leave to enter as a PBS Tier 1 Migrant. The ECO would not be able to cancel or revoke the work permit dependant leave. Cancellation of leave would fall to an Immigration Officer or in-country officials acting on behalf of the Secretary of State. The leave could not be revoked as it is not visit leave and has already been 'activated' by an Immigration Officer. It therefore acts as continuing leave.

Continuing leave lapses after an absence of 2 years or more. An absence of 2 years or more in this case would therefore render the work permit dependant leave as invalid. Leave conferred by a visit visa lapses on each departure from the CTA. This means that the holder of visit leave cannot claim to be resuming earlier leave on each re-entry to the UK even though a visit visa may be endorsed 'multi-entry'. Multi-entry for visit leave merely allows the applicant to enter the UK within the validity of that leave.

Example: The holder of a 2 year business visit visa enters the UK, has her visit leave 'activated' and stays for 2 months. A material change in circumstances is later established overseas when the applicant's daughter applies for a general visit visa. The holder of the business visitor leave does not have continuing leave in the UK as her leave had lapsed when she left after 2 months. Her visit leave can therefore be revoked under paragraph 30A. 

Note: The events field in Proviso should be updated to fully reflect actions taken during the revocation process

Where an entry clearance (other than visit visas) has been 'activated' by an immigration officer at port, an ECO does not have the power to revoke, cancel or curtail that leave.

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ECB18.2 On what grounds can an entry clearance be revoked?

An ECO should have strong evidential grounds in order to revoke an entry clearance. The grounds are:

Under paragraph 30A(i) of the Immigration Rules
i) whether or not to the holder's knowledge, false (that is, inaccurate) representations were employed or material facts were not disclosed, either in writing or orally, for the purpose of obtaining the entry clearance;

(To assess whether a fact is 'material', the ECO should consider what effect disclosure would have had on the application. The ECO must show that an applicant has failed to disclose material facts which the applicant knew or ought to know would be relevant to whether or not to grant a visa - this should usually be determined by the information sought in the application form and by any additional questions in interview).

or

Under paragraph 30A(ii) of the Immigration Rules
ii) a change of circumstances since the entry clearance was issued has removed the basis of the holder's claim to be admitted to the United Kingdom, except where the change of circumstances amounts solely to his exceeding the age for entry in one of the categories contained in paragraphs 296-316 of these Rules since the issue of the entry clearance.

A non-exhaustive list could include: the withdrawal of an offer of employment, the withdrawal of sponsorship, the permanent departure of the sponsor from the UK.

or

Under paragraph 30A(iii) of the Immigration Rules
iii) the holder's exclusion from the United Kingdom would be conducive to the public good. (This may be in the light of the person's character, conduct, associations, criminal history etc. The ECO must specify what past, current or future action of the person makes their exclusion from the UK conducive to the public good. Vague generalisations are not enough. The onus is on the ECO to provide evidence). See Refusals (RFL) section for more on non-conducive grounds.

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ECB18.3 Which post should revoke an entry clearance?

In cases where the ECO has the authority to revoke (see ECB18.1 and ECB18.8), ordinarily the entry clearance issuing Post should revoke the entry clearance.

Where this is not possible, other Posts may be able to revoke the entry clearance following advice from the issuing Post.

Revocation must never occur at any place where an ECO is acting in an advisory or informal capacity (for instance at an airport where advice is being given to airport staff, on a home visit or a field trip).

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ECB18.4 What is the process for revoking an entry clearance at Post?

If the individual's passport is in the ECO's possession then the entry clearance should be revoked using a stamp 'REVOKED', placed diagonally over the entry clearance.

If the name of the visa revoking Post is not clear, reference should be made in manuscript on the same page, for example: 'refer to British Embassy, Abidjan', or 'Refer to Managed Migration'.

In all cases, PROVISO must be updated and the original VAF checked and endorsed to show revocation has occurred.

If appropriate the RAU should be informed. Appropriate Home Office data bases should be updated.

Where an applicant's entry clearance is revoked by an ECO the applicant should be served with a revocation notice letter explaining why the entry clearance is being revoked.

In all cases, it is important to make it clear in the revocation notice what decision has been taken and why that decision has been taken.

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ECB18.5 Examples of revocation notice wordings

Where false representations have been employed / material facts not disclosed / change in circumstances:

'…but I am satisfied that (false representations were employed or material facts were not disclosed for the purpose of obtaining the entry clearance) or (there has been a change of circumstances in your case since the entry clearance was issued that it should be revoked). I therefore revoke your entry clearance'.
Paragraph 30A (i) or paragraph 30A (ii) [HC 395]

Exclusion conducive to the public good

'…but from the information available to me, it is appropriate to revoke your entry clearance on the ground that your exclusion from the UK is conducive to the public good. I therefore revoke your entry clearance.'
Paragraph 30A (iii) [HC 395]

Exclusion conducive to the public good (intention to commit a criminal offence)

'…but I have reason to believe that you are entering the UK for the purpose of (…) which involves the commission of a criminal offence, and in light of this it is appropriate to revoke your entry clearance on the ground that your exclusion from the UK is conducive to the public good. I therefore revoke your entry clearance.'
Paragraph 30A (iii) [HC 395]

Exclusion conducive to the public good (previous criminal conviction)

'…but I have reason to believe that you have been convicted of the offence shown below:
(Date and place of conviction) (Offence)
and in the light of your conduct as evidenced by (this) (these) offence(s), it is appropriate to revoke your entry clearance on the ground that your exclusion from the UK is conducive to the public good. I therefore revoke your entry clearance.'
Paragraph 30A (iii) [HC 395]

Exclusion conducive to the public good (association)

'…but in light of your association with…(who…) , it is appropriate to revoke your entry clearance on the ground that your exclusion form the UK is conducive to the public good. I therefore revoke your entry clearance.'
Paragraph 30A (iii) [HC 395]

Exclusion conducive to the public good (danger to public order)

'…but I have reason to believe that you have come for the purpose of (…) which will endanger the maintenance of public order and in light of this it is appropriate to revoke your entry clearance on the ground that your exclusion from the UK is conducive to the public good.  I therefore revoke your leave to enter.'
Paragraph 30A (iii) [HC 395]

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ECB18.6 Is there a right of appeal against revocation?

There is no right of appeal for entry clearances revoked under paragraph 30A of the Immigration Rules. However, following the revocation of an entry clearance the original decision should be reconsidered and, if the applicant does not meet the requirements of the Rules, a refusal notice should be issued. Only if the entry clearance originally applied conferred a full right of appeal will the applicant have a further full right of appeal.

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ECB18.7 What to do where the ECO does not have the power to revoke

Please refer to ECCCAT for interim instructions.

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ECB18.8 Updating PROVISO

Don't forget that the events field in Proviso should be updated to fully reflect actions taken during the revocation process.

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