• ECB18.1 When can an ECO revoke an entry clearance?
• ECB18.2 On what grounds can an entry clearance be revoked?
• ECB18.3 Which post should revoke an entry clearance?
• ECB18.4 What is the process for revoking an entry clearance at Post?
• ECB18.5 Examples of revocation notice wordings
• ECB18.6 Is there a right of appeal against revocation?
• ECB18.7 What to do where the ECO does not have the power to revoke
• ECB18.8 Updating PROVISO

See other guidance information ECB01 - Immigration legislation and powers ECB02 - Human rights and Race Discrimination considerations ECB03 - What is entry clearance? ECB04 - Who needs an entry clearance? ECB05 - Where to apply - the policy ECB06 - Entry clearance fees ECB07 - Returnability ECB08 - What are acceptable travel documents for entry clearance? ECB09 - Types and validity of entry clearance ECB10 - Making a decision on an application ECB11 - Significance of information from a sponsor ECB12 - Undertakings ECB13 - Visa endorsements and conditions ECB14 - ID cards and leave to remain ECB15 - Arriving in/Departing from the UK ECB16 - Police registration ECB17 - Transferring or replacing visas in new passports and unused visas ECB19 - Correcting an incorrect endorsement ECB20 - Unresolved applications ECB21 Risk and Liaison Overseas Network  

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

Any visit entry clearance (even if activated), and / or an entry clearance that has not been used to enter the UK can be revoked by an ECO under Paragraph 30A of the Immigration Rules. See ECB18.5.2 below for further guidance.

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. This policy is under review -  please refer to ECO Support for interim instructions.

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

 

Back to top

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 (ie 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 section for more on non-conducive grounds.

 

Back to top

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).

It would, however, be entirely appropriate for an ECO or Airline Liaison Officer to offer advice to the airline, and, at the airline's request, to return the passport to the issuing Post for further action.

 

Back to top

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.

 

Back to top

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]

 

Back to top

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.

 

Back to top

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

This policy is under review -  please refer to ECO Support for interim instructions.

Back to top

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.

 

Back to top