Sponsor compliance · Reviewed 5 August 2026

Sponsored worker delayed start date: the 28-day rule and the sponsor's decision

A delayed start is not a diary amendment. Once the permitted period is exceeded, the sponsor must decide whether it can continue sponsorship, explain the reason and protect the right-to-work and compliance record.

8 minute readPractical analysis · reviewed content

The position in brief.

  1. 01

    What a sponsor must decide and report when a sponsored worker does not start within the Home Office's 28-day period.

  2. 02

    Calculate the 28-day period from the correct event.

  3. 03

    After the period, the sponsor must make a substantive choice.

What a sponsor must decide and report when a sponsored worker does not start within the Home Office's 28-day period.

Calculate the 28-day period from the correct event.

The current sponsor guidance says a worker should normally begin the sponsored role no later than 28 days after the latest of the relevant CoS start date, the valid-from date on the eVisa or applicable vignette, the notified grant date, or the specified Creative Worker concession event.

The calculation should be recorded. Counting automatically from the CoS date can produce the wrong answer where permission was granted or notified later.

After the period, the sponsor must make a substantive choice.

If the worker has not started by the end of that period, the sponsor must either report the new start date and reasons if it wishes to continue sponsorship, or stop sponsoring the worker. The report is due by the end of ten working days after the 28-day period.

Continuing sponsorship does not make the delay acceptable. UKVI may cancel the worker's permission if it does not consider the reason valid, so a right-to-work check remains essential before employment begins.

Evidence the reason, not only the revised date.

The guidance gives examples including serious travel disruption, a contractual notice period, administrative delay obtaining an exit visa, illness, bereavement and compelling family or personal circumstances. The list is not exhaustive and each case is considered on its facts.

The sponsor should retain the chronology, communications and documents supporting the reason, the decision to continue or withdraw sponsorship, the SMS submission and the eventual right-to-work check.

Questions to answer before taking the next step.

01Identify the latest relevant start-date event

02Calculate the end of the 28-day period

03Obtain evidence for the delay

04Decide whether sponsorship can continue

05Report within the required SMS window

06Complete and retain the right-to-work check

Rules and official guidance.

Reviewed 5 August 2026. Check the current provision and complete facts before relying on this resource.

Sponsor guidance Part 2: start date on the CoS Sponsor guidance Part 3: reporting duties Immigration Rules: Part Suitability
How to use the source record +

Verify the current instrument, commencement date, transitional position and caseworker guidance against the application date and complete facts. The source may change after this resource was reviewed.

Follow the sponsor position from licence to continuing control.

Applications, sponsored roles, reporting, payroll and inspection readiness form one regulatory system. Continue with the part of that system that determines the present risk.

Points that commonly alter the answer.

01Does every delayed start need to be reported?+

The guidance says no report is required where, after permission has been granted, the start is delayed by no more than the defined 28-day period. Other reporting duties may still arise on the facts.

02When is the SMS report due after a delayed start?+

Where the worker does not start within the defined 28-day period, the sponsor must report the position by the end of ten working days after that period.

03Can the worker still start after 28 days?+

A sponsor can report a new start date and reasons and continue sponsorship, but UKVI may cancel permission if the reason is not considered valid. The sponsor must complete the required right-to-work check before work begins.

More sponsor compliance guidance.

01 · Sponsor compliance

Sponsor licence SMS reporting: deciding what must be reported

A practical framework for sponsor licence reporting through the Sponsorship Management System: worker changes, organisation changes and escalation.

Read next ↗
02 · Sponsor compliance

Preparing for a Home Office sponsor compliance visit

How UK sponsors can prepare for a Home Office compliance visit by testing people, records, systems, sponsored roles and governance.

Read next ↗
03 · Sponsor compliance

Sponsor licence key personnel: governance beyond the job titles

How Authorising Officers, Key Contacts and Level 1 and Level 2 Users should be selected, governed and supported.

Read next ↗

Test the licence, role and operating evidence together.

Quastels can review the organisation, sponsor controls, role, salary, reporting position and the decision that must be made next.

Request a sponsor position review
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