Know about Skilled Worker Visa UK delay in work start date!

Applicants of Skilled Worker Visa UK delay in work start date
The UK boasts the 6th largest economy and is home to a number of key business hubs; the country’s unemployment rate stands at a relatively low 3.7% (September 2022); and the graduate labour market remains robust and is as strong as it has been for some time. The UK’s diverse job sectors, good working conditions, and numerous employment opportunities make it a popular destination for skilled workers from around the world. So it is no surprise that the UK welcomed 267,670 individuals on various work visa categories in 2022.

The two most popular UK work visa routes are the UK Skilled Worker Visa and the Health and Care Worker Visa. The work visas allow applicants to come to or stay in the UK to do an eligible job with an approved employer; the employer stipulates information like job category, skill level, appropriate salary, and even the start and end dates for the job. The visas are granted for the duration of employment specified by the employer.

But, what happens if an applicant for Skilled Worker Visa UK delay in work start date?

Will the Home Office revoke your entry in the UK? Let’s find out!

In this blog, our UK Visa Expert in Mumbai | Delhi | Bengaluru has discussed this topic to give you insights of immigration guidelines.

Certificate of Sponsorship UK (CoS) for working in the UK

• Certificate of Sponsorship UK is an e-document you receive from your UK-based employer (who has Sponsorship Licence UK)
• The employer mentions the start and end dates of your job on the Certificate of Sponsorship UK
• Certificate of Sponsorship UK is a mandatory document before you start applying for a UK Skilled Worker Visa
• You cannot apply for the visa more than 3 months before the start date of your job
• You must start working within 28 days upon successfully receiving your UK Skilled Worker Visa
• If you need to postpone your work start date by more than 28 days, your UK-based employer (known as a Sponsor) will have to decide what action is to be taken

What happens if an applicant for a Skilled Worker Visa UK delay in work start date beyond 28 days?

Your Sponsor must notify the Home Office of any changes to the commencement date of your employment. They can adjust the commencement date in one of two ways, depending on the stage.

• Your Sponsor may include a sponsor note in the Certificate of Sponsorship UK, even if you haven’t yet applied for entry clearance or a work visa. Included in this should be the new start date and any explanations for the hold-up.
• Your Sponsor is required to notify the change in the Sponsor Management System (SMS) using the “Report Migrant Activity” option if you have already applied for entrance clearance of a work visa but have not yet heard from the Home Office.

On the other hand, if your start date is delayed for more than 28 days, your Sponsor may decide to discontinue sponsoring you.

Whatever option the Sponsor chooses, they are required to disclose the same information by the end of 10 working days following the 28-day period.

What justifications are permissible for prolonging your start date by more than 28 days?

Please note that this is not an all-inclusive list, and the UK Home Office will assess each case on its own merits.

• Any natural calamity, military war, or disease that prevents travel
• Serving notice for the prior employer is required (if you are in the UK, confirm that your rules of residence permit this).
• You need an exit visa to leave your home country, but administrative bottlenecks prevented you from getting one in a timely manner.
• Illness, a death, or other emergencies, or family circumstances
• Your sponsor must stop supporting you within 10 working days following the Home Office’s decision to withdraw your permission to remain in the UK if they determine that you do not have a sufficient explanation for the delay