Queries after main applicant's Visa approval

[sg22]

Dear All,

I received my Employer sponsored SW visa two days back in India. I understand that my dependents' visa can be processed only after mine gets approved. My dependents (Spouse and Child) appeared for Biometric on 21st April 22 in India.

1. How much time does it take for Visa approval of my dependents? I know no one can say it for sure.

2. Would Home Office ask for any letter from my Child's School also?

3. My Vignette shows duration of 3 months so it means I can enter UK any time before the expiry date mentioned on my Vignette. Is this understanding right?

Thanks,
SG

[ywlgy]

Dear All,

I received my Employer sponsored SW visa two days back in India. I understand that my dependents' visa can be processed only after mine gets approved. My dependents (Spouse and Child) appeared for Biometric on 21st April 22 in India.

1. How much time does it take for Visa approval of my dependents? I know no one can say it for sure.

2. Would Home Office ask for any letter from my Child's School also?

3. My Vignette shows duration of 3 months so it means I can enter UK any time before the expiry date mentioned on my Vignette. Is this understanding right?Yes. But also you should normally start working within 28 days after receiving decision or work start date on CoS, whichever is later

Thanks,
SG

[sg22]

Thanks ywlgy for giving some clarity. I have follow up questions to the response.

3. My Vignette shows duration of 3 months so it means I can enter UK any time before the expiry date mentioned on my Vignette. Is this understanding right?Yes. But also you should normally start working within 28 days after receiving decision or work start date on CoS, whichever is later

Follow up questions -
3a. I received passport on 3-May-22 but the start date on vignette is 27-Apr-22. So, from which date do we count this 28 days period (after receiving decision)?
3b. What are the implications if I start working after 28 days but before 3 months period? This is important for me to decide if I and my family can go together.

Also-
1. Does dependent visa approval become fast (or it starts) after the main applicant's approval?
2. Does Home Office mostly ask for any letter from Child's School? This is important so that I can apply for school leaving certificate in advance as that also takes some weeks.

Thanks for sharing your expertise.

Regards,
SG

[ywlgy]

Vignette start date or CoS work start date, whichever is later.

Your employer shall stop sponsoring you if don't start working by then.

[sg22]

Thanks ywlgy.

Vignette start date or CoS work start date, whichever is later.

Your employer shall stop sponsoring you if don't start working by then.

If my supervisor has no problems in my joining late, will it still be necessary to join within 28 days of Vignette start date? The Vignette end date is 3 months and I couldn't find any such rule of 28 days. If someone can clear this, it will be of great help.

Many thanks,
SG

[ywlgy]

Your employer will risk having their license revoked if not complying to rules. If they got caught, your visa will be at risk as well.

The 28 days rule can be found at page 21 of https://assets.publishing.service.gov.u ... -04-22.pdf

What is the work start date on CoS or sponsor note if there was an amendment before visa issuance? If it is later than vignette date, use it for 28 day calculation.

[sg22]

Thank ywlgy again for sharing your expertise.

Your employer will risk having their license revoked if not complying to rules. If they got caught, your visa will be at risk as well.

The 28 days rule can be found at page 21 of https://assets.publishing.service.gov.u ... -04-22.pdf

<highlight="yellow">What is the work start date on CoS or sponsor note if there was an amendment before visa issuance? If it is later than vignette date, use it for 28 day calculation.</highlight>

Start date on CoS was in March. Start date on Vignette is 27-Apr-22. Does that mean I need to join by 24-May-22?

Regards,
SG

[sg22]

Your employer will risk having their license revoked if not complying to rules. If they got caught, your visa will be at risk as well.

The 28 days rule can be found at page 21 of https://assets.publishing.service.gov.u ... -04-22.pdf

What is the work start date on CoS or sponsor note if there was an amendment before visa issuance? If it is later than vignette date, use it for 28 day calculation.

Thanks ywlgy.

Start date on CoS was in March. Start date on Vignette is 27-Apr-22. Does that mean I need to join by 24-May-22?

Regards,
SG

Are there any circumstances in which joining date may be extended beyond 28 days? Someone, please share your expertise.

Regards,
SG

[sg22]

Thanks ywlgy. Is this 28 days period after Visa start date applicable even if the employer is a University and I'm joining as a faculty member?

Request someone to share your expertise urgently (if you can) as I need to make some arrangements quickly, if it is applicable for educational institutions.

Thanks and regards,
SG

[ywlgy]

No exception.

[sg22]

Thanks
I asked someone else about these 3 conditions as per the rules-
S3.9. 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

He says that the the date entry clearance becomes valid (above highlighted text) is the date you enter UK and you have to join the job within 28 days. The home office already gives 3 months to enter UK.

Please confirm if this is correct.
Thanks
SG

[ywlgy]

The entry clearance becomes valid from the "Valid from" date on vignette.

Why don't you ask your employer about this? Universities usually have a dedicated immigration team and special channel to ask UKVI for any questions.

[sg22]

Thanks, I have already asked the University on Friday. They will probably respond in a day or two. If this rule means what you suggested then I will need to travel quickly and arrange lot of things. That's why I was asking here.

The person who suggested that I can enter anytime during 3 months period is himself a lawyer in the UK. If I have to join within 28 days of the start date stamped on passport then why do they make it valid for 3 months. That sounds strange and not funny!!

Of course, I'll come as per suggestions of my employer.

Thanks,
SG

[ywlgy]

Because not everyone has a work start date earlier than entry clearance date!

The lawyer thought about the validity of entry clearance but forgot that the employer also had their responsibility!

Having said all the above, you may get away with it if UKVI is not actively enforcing S3.9. I am just advising you on the safe side.

[Eirinizt]

Hi. Could you tell me how long it took to get the defined CoS? I am waiting already two months after my employer applied and I want to ask if anyone else had the same issue. Thank you in advance!

[sg22]

Hi. Could you tell me how long it took to get the defined CoS? I am waiting already two months after my employer applied and I want to ask if anyone else had the same issue. Thank you in advance!

Hi Eirinizt,

I applied after about a month due to some other commitment at my end but when I applied, there was no issue. Wish you good luck.

Regards,
SG

[Eirinizt]

Thank you for your reply!

[argrn]

Thanks, I have already asked the University on Friday. They will probably respond in a day or two. If this rule means what you suggested then I will need to travel quickly and arrange lot of things. That's why I was asking here.

The person who suggested that I can enter anytime during 3 months period is himself a lawyer in the UK. If I have to join within 28 days of the start date stamped on passport then why do they make it valid for 3 months. That sounds strange and not funny!!

Of course, I'll come as per suggestions of my employer.

Thanks,
SG

I'm having the exact same situation and I'm trying to decide when to enter the UK.
What response did you get from the University, and when do you plan to enter the UK?
Thanks in advance!

[AmazonianX]

Read previous responses given on the thread

[sg22]

I'm having the exact same situation and I'm trying to decide when to enter the UK.
What response did you get from the University, and when do you plan to enter the UK?
Thanks in advance!

Read previous responses given on the thread

For the better sense to prevail, I asked my University and they said I can come any time during the 3 months. This is same as what the lawyer friend said. Hope it helps someone.

I'm planning to enter around 50th day. Please check with your employer clearly in case of any confusion.

Regards,
SG

[udeshkumara]

Hello SG,

Can you kindly clarify if the process went smoothly at imigration when you enter UK on 50th day?

Do they refuse entey to UK if we delay the entry more than 28 days even if employer has agreed to a new start date.

Udesh

[sg22]

Hi Udesh,

There was absolutely no problem. The 28 day rule meant exactly what my lawyer friend suggested. Please read the thread above for that interpretation.

For the short story, the Visa becomes valid "only" after the immigration officer accepts you at the port of entry and not from the date mentioned in vignette (That duration is used for your journey). So you have 28 days (from your entry date) to join your job. During this period, you need to collect your BRP and validate it with your employer online. Only after this, you can join the company. Practically, you may need at least 2-3 working days after entering UK to join the company.

Still, my advice is not to test each use case and come as soon as possible. Wrapping up things "will" take time but you need to do it fast. Some things may remain unresolved there. Your early arriving in UK will help you immensely to settle in a new country. You may realize it only after reaching here.

Best wishes,
SG

P.S.: This is based on my own experience. If you wish, you may refer to some immigration lawyer.