When sponsoring a migrant worker in the UK, adhering to Home Office regulations is paramount. One critical aspect of compliance is managing and reporting delayed work start dates.
This responsibility is outlined in the Sponsor Guidance. Failure to follow these guidelines can lead to severe consequences, including the revocation of your sponsor license.
Below, we delve into the requirements and their significance.
Understanding the 28-Day Rule
Once a worker has been granted permission, they should normally begin working in their sponsored role no later than 28 days after whichever is the latest of:
- The start date on their Certificate of Sponsorship (CoS), taking into account any reported changes made before their application was decided.
- The “valid from” date on their entry clearance vignette (visa).
- The date the worker is granted permission to enter, if they entered the UK without entry clearance under the Creative Worker visa concession.
- The date the worker is notified of a grant of entry clearance or permission to stay.
Reporting Delayed Start Dates
If the worker does not start their sponsored role by the end of this 28-day period, sponsors must:
- Report a New Start Date: Inform the Home Office of the worker’s new start date and the reasons for the delay, if they wish to continue sponsorship.
- Stop Sponsoring the Worker: Notify the Home Office and cease sponsorship if continuing is not viable.
Sponsors must report this activity within 10 working days after the 28-day period via the ‘Report migrant activity’ function in the Sponsor Management System (SMS).
Consequences of Non-Compliance
Failure to report a delayed start date can result in the Home Office revoking your sponsor license. Additionally, if the Home Office deems the reasons for delay invalid, they may cancel the worker’s permission, even if the sponsor has reported the delay.
Therefore, sponsors must perform right-to-work checks before the worker’s employment begins and any follow-up checks as required.
Acceptable Reasons for a Delayed Start
The Home Office provides examples of valid reasons for a delayed start, including:
- Travel disruption caused by a natural disaster, military conflict, or pandemic.
- The worker completing a contractual notice period with a previous employer (provided their conditions of stay allow this).
- Administrative delays in obtaining an exit visa from their home country.
- Personal circumstances such as illness, bereavement, or other compelling family matters.
This list is not exhaustive, and each case is judged on its merits.
Exceptions to Reporting
A delayed start date does not need to be reported if it occurs within the 28-day window.
Why Reporting Matters
Reporting a delayed start date is not merely an administrative task; it is a critical compliance requirement. By ensuring timely reporting and adhering to the rules, sponsors can:
- Avoid the loss of their sponsor license.
- Maintain their reputation and ability to hire skilled workers globally.
- Uphold the integrity of the UK’s immigration system.
In conclusion, understanding and adhering to the Home Office guidance on delayed work start dates is essential for any sponsor. Non-compliance can have far-reaching consequences, emphasising the importance of staying vigilant and proactive in managing your sponsorship duties.
Also read:
Suspended Sponsor Licence Reinstated for Care Provider
How Nara Solicitors Can Help
Stay fully compliant with immigration rules by opting for a Home Office-style compliance audit conducted by Nara Solicitors.
Our thorough audits replicate the standards and procedures used by the Home Office, ensuring your organisation is well-prepared for any official inspections. Let us help you:
- Identify potential risks
- Implement corrective measures
- Maintain seamless compliance
Our Services Include:
- Sponsor Compliance and Audit Services Ensuring adherence to the immigration rules and wife UK laws. Conducting audits to identify risks and ensure compliance with Home Office requirements.
- Sponsor License Management Assistance in applying for, renewing, or managing your sponsor license. Providing training and guidance to HR teams on sponsor duties and compliance.
- Representations Against Suspension or Revocation Filing representations against suspension or revocation to help you retain your license and continue operations.
- Judicial Review Challenges Challenging sponsor license revocations in the High Court through Judicial Review to protect your rights and address unlawful decisions.
