Relationship between employment start date and visa start date for UK skilled worker visa

Question

Say, my new employer is going to sponsor my UK skilled worker visa.

I need some help in deciding a good employment start date.

Say, my employer and I agree to an employment start date of April 11, 2022. The same date gets mentioned in the offer contract. Now after my UK skilled worker visa application is processed, what dates would be mentioned on the visa?

Would the start date of the visa be April 11, 2022? Or would it be a few days earlier than April 11, 2022?

My new employer also mentioned that I must join the company within 1 month of the start date on the visa. So if the start date on the visa is April 11, 2022, then I have sufficient buffer until May 10, 2022, to join the new company.

But is there a possibility that the visa start date could be much earlier than April 11, 2022? I am worried that if the visa start date is set to something very early like March 14, 2022, then I am not going to be left with any room for error. In that case, I really have to ensure that I join the new employer exactly on April 11, 2022.

Answer 1

My new employer also mentioned that I must join the company within 1 month of the start date on the visa.

I think either your employer or you may have misunderstood the rules.

The rule regarding 28 days is S.3.9 in Workers and Temporary Workers: guidance for sponsors (October 2021)

You must normally stop sponsoring the worker and inform us via your SMS account if the start date is delayed by more than 28 days after whichever is the latest of:

• the start date recorded on the worker’s CoS (including any amendment to that date you have told us about via SMS while the worker was awaiting a decision on their application)
• the date the worker’s entry clearance (visa) becomes valid
• the date the worker is granted permission to enter or permission to stay

If your visa becomes valid before the start state on the sponsorship certificate, it is the date on the sponsorship certificate that counts, unless the date of entry is after the date on CoS.

If you are abroad and your visa starts after the sponsorship date, you essentially have 28 days since the start of the validity to enter the U.K., and once the border guard grants you permission to enter, you have another 28 days to start working (subject to agreement by your employer).

Answer 2

Entry clearance would be granted with effect from either the date of decision or a date requested by the you, whichever is later. (This is a change from the previous Tier 2 Rules. There is no longer a restriction against entry clearance beginning more than 14 days before the start date stated on the applicant’s certificate of sponsorship (CoS).)

The end date of permission would be 14 days after the end date stated on the CoS. The end date on the CoS can be up to a maximum of five years after the start date on the CoS. If the end date on the CoS passed 14 or more days before the decision is made, entry clearance cannot be granted.

Source: Skilled Worker caseworker guidance https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1019050/Skilled_worker_caseworker_6_Oct_21.pdf#page50

Answer 3

its not the contractual, the company said, it is not from outside, it is from home office rules and regulations see below.