Skilled Worker Visa: Delayed Start Date Implications for Sponsors
When UK employers recruit overseas workers on Skilled Worker Visas and agree start dates, the recruitment and sponsor licence compliance issues are thought to be over. All the worker needs to do is prove that they have the right to work in the UK through their work sponsorship and successfully navigate their induction and probationary period. However, our UK Immigration Solicitors often get calls about the implications for a sponsor licence holder and their sponsored worker if the worker needs to delay their start date.
In this article, our Immigration Lawyers in London look at what employers and sponsored employees need to know about delayed employment commencement dates.
Contact OTS Solicitors Today for Work Visa or Sponsor Licence Advice.
The sponsored employee's work start date
The sponsored recruit, HR staff and key personnel all need to be aware of the start date and the implications of a delayed start. Worst-case scenario, the Skilled Worker Visa holder may be unable to take up their employment offer if the rules are not followed. Therefore, if a sponsored recruit requests a delay in commencing employment, it's vital that everyone concerned knows the correct start date and whether the delay is feasible.
Whatever conversations were held with the overseas recruit regarding their start date, the date everyone must work to is the date on their certificate of sponsorship.
Certificates of sponsorship and employment start dates
The rules on sponsored workers and their start dates are surprisingly complicated, and whilst there is some flexibility, both the employer and the employee must follow them. If they don’t, the employer risks losing their sponsor licence and the employee risks losing their Skilled Worker Visa.
When HR staff ask key personnel to obtain a recruit’s certificate of sponsorship, they need to factor in that the Skilled Worker Visa applicant needs sufficient time to apply for their Work Visa. Therefore, the employment start date should not be so tight that there is a risk that the recruit will not secure a Work Visa within that time frame, especially when either the employer or employee doesn’t want or is not able to pay for priority processing of the visa application.
Skilled Worker Visa applications must be made within three months of the certificate of sponsorship start date
Many sponsored workers are specialists in their field who are recruited well in advance of complex projects. They often want to get ahead with their visa applications because they have heard about Home Office processing delays. However, the immigration rules state that a Skilled Worker Visa applicant can only apply for entry clearance within three months of the start date on their certificate of sponsorship.
To complicate matters further, once the recruit has obtained their Work Visa, they must comply with the 28-day rule for starting their employment in the UK. This can lead to problems if:
- The employer and employee agree to delay the start date because the work project is being deferred.
- A spouse and/or children are accompanying the employee on Dependant Visas, and there are family issues, such as school exams or medical appointments in the home country.
The 28-day requirement
The rules require a recruit with a Skilled Worker Visa to commence their employment with their sponsoring employer within 28 days of whichever is the latest date:
- The employment start date on the certificate of sponsorship, or
- The entry clearance date, or
- The valid from date on the entry clearance vignette.
If the revised start date is within the 28-day rule, the sponsoring employer and recruit do not need permission from the Home Office. Sponsorship Licence Lawyers always recommend that dates are carefully checked.
Letting the Home Office know about a delayed employee start date
If a Skilled Worker Visa holder cannot start their employment as planned and is not within the 28-day rule, the onus is on the sponsoring employer to either:
- Tell the Home Office about a revised start date and explain the delay, or
- Stop the sponsorship.
The chosen route may depend on the extent and causes of the delay. For example, if a project the sponsored worker will lead has stalled, it may be preferable to end the sponsorship and arrange for a new certificate of sponsorship and Skilled Worker Visa application once the project is back on track.
The 10-day rule
If the start date is delayed by more than 28 days, a sponsoring employer must report the change in start date to the Home Office and explain the delay within 10 working days using the sponsor management system. If a sponsor does not comply with the 10-day deadline, they are in breach of their licence compliance requirements and could face an audit and investigation.
Home Office acceptance of reasons for the delayed start
When a sponsor reports a start date more than 28 days late, it is for the Home Office to decide whether the Skilled Worker Visa holder can still come to the UK or remain in the UK to take up their sponsored job. That’s why key personnel must provide sufficient detail about the reasons for the delayed start.
Home Office guidance gives a few examples of the reasons why a delay of over 28 days may be permissible, such as:
- The employee is ill or has suffered a bereavement.
- The employee needs exit clearance from their home country, and this is awaited.
- The employee is working their notice.
- Conflict, disasters or pandemics are preventing travel.
There may be other reasons for delay that the Home Office will accept, such as a business winding down in the home country taking longer than expected, or a single parent needing to stay with their child whilst they complete important examinations. It is recommended that care is taken and a full explanation given to avoid a Home Office official deciding to cancel the visa based on their assessment that the delayed start date is not for a valid reason.
Challenging the Home Office's refusal to agree to a delayed start date
There are three ways to challenge or get around a Home Office decision to refuse a delayed start date beyond 28 days:
- Administrative review.
- Judicial review.
- New certificate of sponsorship and visa application.
Although a recruit can challenge the decision to end the entry clearance by making an administrative review or judicial review application, most recruits will not be advised to do so unless UK Immigration Solicitors say there is a clear case that the Home Office has made an error that they will correct through an administrative review application.
A judicial review application would normally be recommended only if a letter before action threatening judicial review is likely to prompt the Home Office to reconsider its decision to refuse the delayed start date. An employer also has the option of re-sponsoring the recruit with a fresh certificate of sponsorship.
Talk to OTS Solicitors about your sponsor licence or Work Visa queries.
Our UK Immigration Solicitors understand how stressful the overseas recruitment process can be. Checking timelines and getting sufficient information from a Skilled Worker Visa applicant can be difficult. Our lawyers are experienced in providing a full Sponsor Licence Management Service, offering bespoke training to key personnel on certificate of sponsorship allocation, answering compliance queries, and helping Work Visa applicants and their families secure the Skilled Worker Visa and Dependant Visas they need to relocate to the UK successfully.
The expertise of our London-based Immigration Lawyers is recognised by our inclusion in the 2026 editions of Chambers Guide to the Legal Profession and Legal 500.
Contact OTS Solicitors Today for Work Visa and Sponsor Licence Advice.
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