1. Understanding Skilled Worker Start Dates, the 28-Day Rule and Sponsor Duties
A Skilled Worker delay to a planned job start date must be carefully managed in light of the 28-day rule. Moving to a different country for a new role is exciting, but it also requires significant planning and organisation, and experience shows that things do not always go according to plan.
In this article, we discuss when a Skilled Worker can delay their work start date, the 28 day rule and the responsibilities of a Skilled Worker Sponsor.
2. Work Start Dates on a Certificate of Sponsorship (CoS)
You can find your work start date on your Certificate of Sponsorship (CoS), which you can request from your Sponsor. This is a mandatory document that you will need before you can apply for entry clearance (if you are outside the UK) or permission to stay (if you are inside the UK).
Your Sponsor will choose the start and end date on your CoS. Make sure to communicate with your Sponsor so they can choose a date which allows you time to make a well-prepared entry clearance/permission to stay application and to relocate to the UK. You should consider application processing times from where you are applying and whether any priority services are available.
3. The Three-Month Rule for Skilled Worker Start Dates
You can only make an application for entry clearance/permission to stay within 3 months of your intended work start date. A CoS can only be assigned with a work start date that is no more than three months in the future.
4. The 28-Day Rule for Starting Work as a Skilled Worker
Once you have been granted entry clearance/permission to stay you must start working within 28 days of whichever is latest:
- The start day on your CoS (the Home Office will take account of any changes reported by your employer using a sponsor note, see below);
- The "valid from" date on your entry clearance vignette (that's the sticker in your passport which is your visa);
- The date you were granted permission to enter, if you entered without entry clearance under the Creative Worker visa concession;
- The date you were informed of the grant of your entry clearance or permission to stay.
This means that if your work start date is delayed by less than 28 days from the relevant date, you do not have to do anything. However, if you need to delay your work start date by more than 28 days, your Sponsor will need to consider what action they wish to take.
5. Reporting a Change of Work Start Date to the Home Office
Your Sponsor is required to report a change in work start date to the Home Office. They can do this in two ways depending on the stage at which the start date changes.
If you have not yet applied for entry clearance/permission to stay, your Sponsor can add a sponsor note to the CoS. This should set out the new intended work start date and any reasons for delay.
If you have already applied for entry clearance/permission to stay, but you have not yet received a decision from the Home Office, your Sponsor must report the change using the "report migrant activity" function in the sponsor management system (SMS).
6. Sponsor Options if a Skilled Worker Cannot Start Within 28 Days
If you cannot start working within the period of 28 days from the relevant date your Sponsor has two options:
- If they want to keep sponsoring you, they must report the new work start date to the Home Office with reasons for your delayed start.
- The other option is that they may choose to stop sponsoring you.
Whichever option your Sponsor chooses, they must report this by the end of 10 working days after the 28 day period using the "report migrant activity" function in the SMS.
7. Valid Reasons for Delaying a Skilled Worker Start Date
Examples of valid reasons include:
- Travel disruption due to natural disaster, military conflict or pandemic;
- You are obliged to complete your notice period for your previous employer, if you are in the UK check that your conditions of stay allow you to do this;
- You need an exit visa to leave your country of residence and administrative delays meant that you did not get it on time;
- Illness, bereavement or compelling family or personal circumstances.
This is not an exhaustive list and the Home Office will consider each case on its own merits. We recommend that full reasons are provided to enhance the chance of the Home Office accepting the reasons for the delay.
8. Consequences of Failing to Provide a Valid Reason for Delay
The Home Office may cancel your permission to stay if they decide that you do not have a valid reason for the delay, in which case your Sponsor will have to stop sponsoring you within 10 working days of the decision.
9. Challenging Cancellation of Skilled Worker Permission
If your entry clearance/permission to stay is cancelled you may challenge this through administrative review or judicial review.
Administrative review is a process where you can challenge the Home Office's decision on the ground that it was wrongly decided because it contained one or more case work errors.
Judicial review is a process where you can challenge the Home Office's decision on the ground that it was unlawful, unreasonable or procedurally improper.
Alternatively, your employer may have to allocate you a new CoS and you will have to make a fresh application.
10. Contact Our Immigration Barristers
Our barristers can advise you on which option is right for you and the merits of your case. For expert advice and assistance in relation to Sponsor Licence duties and Skilled Worker applications, please contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.
11. Frequently Asked Questions
Can a Skilled Worker delay their start date?
Yes, a Skilled Worker delay is permitted in certain circumstances. However, the delay must comply with the 28-day rule and any changes to the start date must be properly reported to the Home Office by the sponsor.
What is the 28-day rule for Skilled Workers?
The 28-day rule requires a Skilled Worker to start employment within 28 days of the latest of: the start date on the Certificate of Sponsorship, the valid from date on the visa vignette, the date of permission to enter (where applicable), or the date of grant of permission. Failure to start within this period may result in sponsor reporting obligations and potential cancellation.
Can a sponsor change the start date on a Certificate of Sponsorship?
Yes. If the worker has not yet applied for entry clearance or permission to stay, the sponsor can add a sponsor note to the CoS. If an application has already been submitted but not decided, the sponsor must report the change using the Sponsor Management System.
What happens if a Skilled Worker does not start work within 28 days?
If a Skilled Worker does not begin employment within the relevant 28-day period, the sponsor must either report a new start date with reasons or stop sponsoring the worker. This must be reported within 10 working days after the 28-day period has expired.
What counts as a valid reason for a Skilled Worker delay?
The Home Office may accept reasons such as travel disruption, illness, notice periods, or administrative delays. Each case is assessed on its merits, and full details should be provided to maximise the likelihood of acceptance.
Can cancellation of Skilled Worker permission be challenged?
If permission to stay is cancelled due to an unjustified delay, the decision may be challenged by administrative review or judicial review. In some cases, the sponsor may need to assign a new Certificate of Sponsorship and the worker may need to submit a fresh application.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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