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The Sponsor Guidance contains a multitude of rules and regulations for sponsors to follow. Here we take a look at what the Guidance says about start dates for Tier 2 sponsored workers.
Update: the Home Office provided further clarification on start dates for sponsors in November 2022, details can be found here.
The starting point is that once assigned, the Certificate of Sponsorship (‘CoS’) must be used by the individual in their application for leave to enter or remain in the UK within three months, otherwise the CoS expires.
Assigning a CoS
The CoS must include a work start date. When the CoS is being assigned, this must be the date that it is genuinely anticipated the work in the UK will start.
If the start date is then pushed back for any reason, specific rules apply.
Paragraph 23.9 of the current version of the Sponsor Guidance states that:
“The start date given on the CoS must be the date that the migrant is expected to start working for you at the time the CoS is assigned. If such start date for a Tier 2 (General) migrant is subsequently changed after leave has been granted, it must be within 28 days from the later of:
- the date on which their entry clearance or leave to remain is granted
- the start date on their CoS (taking into account any changes to start date properly reported before leave is granted)”
Risk of non-compliance
Annex 6(f) of the current Sponsor Guidance states that UKVI may revoke a sponsor’s licence if ‘You fail to comply with any of your sponsor duties.’
It is therefore extremely important that those responsible for the organisation’s compliance as a sponsor keep track of any changes to the start date once leave has been granted.
If you have any questions about start dates, or any other aspect of Tier 2, please make an enquiry below.