Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
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abcdefgh
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by abcdefgh » Mon Sep 11, 2023 1:05 pm
I have a simple question, my wife has been offered a job in the uk and she has already received her visa with start date 21st Aug 2023, where as the COS Start date is mentioned as 25th Sep 2023. Due to unavailability of appointments i got my VFS appointment late and still waiting on a decision from UKVI. As its the first time my wife & I will be travelling overseas so she cant go alone and is waiting for my visa, We are thinking of emailing my wife's employer to inform them that she will be joining later until i receive my visa. Now i have read somehwere about the 28 days delay rule but not so sure about what it clearly says, as to when does it start either from 21st Aug or 25th Sep and will the 28 days rule start after that particular date where the employer has to take no action. Need some clarification. Many thanks
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AmazonianX
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by AmazonianX » Mon Sep 11, 2023 1:58 pm
abcdefgh wrote: ↑Mon Sep 11, 2023 1:05 pm
I have a simple question, my wife has been offered a job in the uk and she has already received her visa with start date 21st Aug 2023, where as the COS Start date is mentioned as 25th Sep 2023. Due to unavailability of appointments i got my VFS appointment late and still waiting on a decision from UKVI. As its the first time my wife & I will be travelling overseas so she cant go alone and is waiting for my visa, We are thinking of emailing my wife's employer to inform them that she will be joining later until i receive my visa. Now i have read somehwere about the 28 days delay rule but not so sure about what it clearly says, as to when does it start either from 21st Aug or 25th Sep and will the 28 days rule start after that particular date where the employer has to take no action. Need some clarification. Many thanks
Not sure of any rule on 28days that you referred to. If she can secure a job by herself, processed and got visa presume nothing stops your wife travelling alone.
Contact her employer for clarifying things.
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abcdefgh
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by abcdefgh » Mon Sep 11, 2023 2:26 pm
Many thanks for your reply. Yes she was selected based on her merits. We just wanted to travel together as we have to arrange for accomodation as well. On the ukvi website it states as following
S3.10. Once a worker has been granted permission, they should normally start working in their sponsored employment no later than 28 days after whichever is the latest of:
the start date on their CoS (taking into account any changes to that date reported by you before their application for entry clearance or permission was decided)
the “valid from” date on the worker’s 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.”
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lolo2
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by lolo2 » Mon Sep 11, 2023 3:24 pm
She has to inform the employer of her visa approval and then coordinate the start date. This not deliberately decided by the employee alone. She can start working at any time from the visa approval date.
Dependents can join the main applicant at any time, UKVI and - likely also the sponsor - know this. There should be compelling reasons to delay the start date beyond 28 days from the dates mentioned in the guidance.
She can let them know her desire to start at a later date to wait for your visa approval, but it's up to the sponsor to accept this.
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abcdefgh
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by abcdefgh » Tue Sep 12, 2023 10:37 am
So to sum up, days beyond 28 will start from 22nd October 2023. When the employer has to inform ukvi of the delay in the employee start date. Also we have sent an email to the employer stating current situation on late arrival.
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AmazonianX
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by AmazonianX » Tue Sep 12, 2023 11:53 am
abcdefgh wrote: ↑Tue Sep 12, 2023 10:37 am
So to sum up, days beyond 28 will start from 22nd October 2023. When the employer has to inform ukvi of the delay in the employee start date. Also we have sent an email to the employer stating current situation on late arrival.
Ideally how it should be is what you outlined. A mutual agreement with her employer's consent may not warrant informing UKVI except for entry purposes.
And your wife can still travel while you join later.
From lolo2,
Dependents can join the main applicant at any time, UKVI and - likely also the sponsor - know this. There should be compelling reasons to delay the start date beyond 28 days from the dates mentioned in the guidance.