Can Work Start Date Be Delayed For Skilled Worker Visa – Helpful Changes To The 28 Days Rule

In June 2022 we published an article about the troublesome '28 days rule' requiring migrant Skilled Workers to start work in the UK within 28 days of whichever was later: the date their visa was granted, the start date stated on their visa or the work start date stated on their COS. There was only one exception to this rule, allowing delay beyond the 28 days when migrant worker had to work their contractual notice at their previous employer.

We now have some good news to share with our readers, as on the 9^th November 2022 Home Office published their new sponsor guidance relaxing the 28 days rule. The 28 day rule still exists, however, the new guidance offers some flexibility allowing for more exceptions to the rule, and it even gives assurance that each case will be assessed individually on its merits.