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Executive Summary
- Before the visa is decided, amend the CoS start date or add a sponsor note in the SMS; the delay carries no compliance consequence.
- After permission is granted, the 28-day clock runs from the latest of the CoS start, visa valid-from, or grant date.
- A delay beyond 28 days is reportable via SMS within 10 working days, with an evidenced, acceptable reason.
- Unreported or unexplained late starts risk licence downgrade, suspension, or cancellation of the worker's permission.
Our sponsored hire's start date has been pushed back six weeks after their CoS was drafted. What are the compliance risks, and how does the 28-day rule apply if the delay happens after the visa is granted?
Answer: Your compliance workflow depends entirely on the timing of the delay:
- Before the Visa Decision: If the Home Office has not made a decision yet, this is a straightforward fix. Log into the Sponsor Management System (SMS) and add a sponsor note to the CoS updating the expected start date.
- After the Visa is Granted: Once approved, the official 28-day rule applies. The employee must legally start work within 28 days of the latest of these three dates: the original CoS start date, the visa's "valid from" date, or the day they were officially granted permission.
What to Do for a Six-Week Delay
A six-week delay pushes your candidate past the legal 28-day limit. To safeguard your corporate sponsor licence, your global mobility team must execute these steps:
- Report the Change: Submit a notification via the SMS within 10 working days of the 28-day deadline passing. State the revised start date and outline a clear, valid reason for the delay (such as completing a contractual notice period, travel disruptions, or personal illness).
- Manage the Risk: The Home Office reviews late starts case-by-case. If they deem your corporate reason unacceptable, they can cancel the worker's visa—meaning you will have to issue a brand-new Certificate of Sponsorship and restart the application process.
Delayed Start Date at a Glance
| Field | Details |
|---|---|
| Destination | United Kingdom |
| Permit Type | Skilled Worker (sponsored), CoS assigned via SMS |
| Scenario | CoS drafted, start date delayed by ~6 weeks |
| Work Authorization | No work until permission is granted and the start date is valid |
| Key Constraints | 28-day start rule; 10-working-day SMS reporting deadline |
| Complexity | Medium, the outcome hinges on timing relative to the visa decision |
| Onboarding Risk | Medium, start-date and payroll alignment must match the reported date |
| Timeline Risk | Reporting window is fixed at 10 working days; UKVI's decision on a late start is discretionary |
| Typical Timeline | SMS amendment or report is same day; UKVI review of the reason is variable |
| Submission Authority | UKVI via the Sponsor Management System (SMS) |
| Key Challenges | Classifying the delay, evidencing an acceptable reason, payroll alignment, right-to-work timing |
| Example Scenarios | Notice-period overrun; awaiting home-country exit clearance; delayed relocation logistics |
| Expected Outcome | Absorbed cleanly if handled pre-decision; compliant if reported within 10 working days post-grant |
How the 28-Day Rule Applies to a Delayed Start Date
1. The Legal Position and the 28-Day Rule
Managing a delayed timeline splits into two distinct legal phases:
- Before the Visa Decision: If the Home Office is still reviewing the application, you can change the start date with zero penalties. Simply update the draft Certificate of Sponsorship (CoS) or add a sponsor note in the Sponsor Management System (SMS).
- After the Visa is Granted: Once the visa is approved, the official 28-day rule kicks in. The employee must begin working within 28 days of the latest of these dates: their CoS start date, their visa's "valid from" date, or the day they received their official approval. A delay beyond 28 days isn't an automatic violation, but it triggers mandatory reporting.
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2. The Workaround for Start Date Delays
- Early Fix: If you catch the six-week delay before the Home Office makes its final decision, log into the SMS, update the date, and the compliance risk completely disappears.
- Late Fix: If the delay happens after approval and will exceed 28 days, you must report the new start date and provide a valid reason through the SMS. You have a strict window of 10 working days to submit this report once the initial 28-day deadline passes.
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3. Compliance Guidance for HR Teams
- Pinpoint the Timing: Identify exactly when you discovered the delay relative to the visa approval. This determines whether you can execute a routine adjustment or if you must file an official compliance report.
- Document the Reason: The Home Office reviews late starts case-by-case. Ensure you log clear, acceptable evidence for the delay, such as a mandatory contractual notice period, exit clearance delays, or personal illness.
- Onboarding Alignment: Update your payroll and onboarding files to match the newly reported start date. Always complete a compliant right-to-work check before their first actual day of work.
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4. Key Risks of Rushing or Skipping Reports
- Sponsor Licence Enforcement: Treating a post-grant delay as a private, internal company matter is a direct breach of your duties. Missing the 10-day reporting window can trigger an immediate downgrade or suspension of your corporate sponsor licence.
- Visa Cancellation: If you offer a vague or weak reason for the late start (like general "business delays"), the Home Office can reject the report and cancel your worker’s visa entirely.
- Mismatched Records: Keeping the original CoS date on your payroll while the employee actually starts weeks later creates an active data discrepancy. This mismatch will quickly resurface and cause major compliance penalties during your next UKVI audit.
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About Jobbatical Expertise in the United Kingdom
Jobbatical has supported over 17,000+ international relocations across more than 45 countries, helping HR teams manage UK sponsor licence duties, CoS assignment, SMS reporting, and the compliance coordination that delayed start dates depend on.
FAQs: UK Sponsored Worker Delayed Start Date
No. While the application is still pending you can amend the start date on the CoS or add a sponsor note in the SMS. It only becomes reportable once permission is granted and the delay pushes the start beyond 28 days.
Report the revised start date and reason through the Sponsor Management System within 10 working days. Attach a specific, evidenced reason, UKVI then decides whether the late start is acceptable or cancels permission.
The latest of three: the CoS start date (as amended by any pre-decision sponsor note), the visa 'valid from' date, or the date the worker was granted permission. Count 28 calendar days from whichever falls last.
No, and confusing them is common. The ILR '28-day rule' lets an employee apply for settlement up to 28 days early. This 28-day rule governs how soon a sponsored worker must begin work after being granted permission.
Documented illness or bereavement, a contractual notice period with a previous employer, travel disruption from a natural disaster or conflict, or awaiting exit clearance from the home country. Vague 'business reasons' are frequently rejected.
Yes. Since the 2022 guidance change, once permission is granted the worker may begin before the CoS start date. Run the right-to-work check first and make sure payroll reflects the actual first day.
This covers the following use cases:
- What happens if a UK sponsored worker cannot start on their CoS start date?
- How do I report a delayed start date to the Home Office via the SMS?
- Does the 28-day rule apply before or after the Skilled Worker visa is granted?
- Can I change the start date on a Certificate of Sponsorship after it is assigned?
- What is an acceptable reason for a sponsored worker starting more than 28 days late?
- How many days do we have to report a change of circumstances in the SMS?
- What happens to our sponsor licence if we miss the 10-working-day reporting deadline?
- Can a sponsored worker from India start work before the date on their CoS?
- Does a notice-period overrun count as a valid reason for a delayed start in the UK?
- Is the sponsored-worker 28-day start rule the same as the ILR 28-day application rule?
- What should HR do if a new hire's relocation slips and pushes their start date back a month?
- How does a delayed start date affect a sponsored worker relocating from the Philippines?
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