Right to work without BRP and UK address

[richie956]

Hello everyone,

I've successfully obtained my visa and intend to travel on the 15th of March. Although my CoS commences on the first of March, my employer has indicated that my contract will be effective from the 1st of April. They've also mentioned that I can commence work from the 15th of March, giving me the option to either undergo training or remain at home during the initial two weeks. Firstly, I'm concerned about whether beginning work on the 1st of April would violate the 28-day delay rule. Secondly, I'm uncertain about the legality of working without a contract for two weeks, if ever happened. If I were to be compensated during this period, would it pose any issues when declaring income, or when declaring through the start date on the SMS without a formal contract in place? Lastly, what specific details should my employer include when reporting to the SMS?

[AmazonianX]

Hello everyone,

I've successfully obtained my visa and intend to travel on the 15th of March. Although my CoS commences on the first of March, my employer has indicated that my contract will be effective from the 1st of April. They've also mentioned that I can commence work from the 15th of March, giving me the option to either undergo training or remain at home during the initial two weeks. Firstly, I'm concerned about whether beginning work on the 1st of April would violate the 28-day delay rule. Secondly, I'm uncertain about the legality of working without a contract for two weeks, if ever happened. If I were to be compensated during this period, would it pose any issues when declaring income, or when declaring through the start date on the SMS without a formal contract in place? Lastly, what specific details should my employer include when reporting to the SMS?

You have obtained your visa, through with SMS.
You go by the employment start date so no rule is violated.
Speak with your employer on your concerns and get clarity on purpose of 15th March start. If you have worked it, you get paid.

[richie956]

My employer informed me that I will start to work on the 1st of April, does he need to modify something on my CoS because that's beyond the 28-days rule.

[lolo2]

They don't need to modify anything on the CoS, you already used it (no longer valid) and a visa was granted.

You can start working after the start date on the CoS, that's acceptable within the rules. The start date is agreed between you and the employer. If it's delayed more than 28 days they need to report it on the SMS - but that's their responsibility as a sponsor, you don't need to do anything.

[richie956]

How does the home office know the actual start date, what if an employer declare an early date and the employee starts after 28 days from the CoS start date?

[Frontier Mole]

The Home Office does not actually know when you start or not. It is the sponsor’s responsibility as part of their duties to report a change in start date.
TBH the only time it becomes an issue is when the sponsor does not report significant changes in start date or not report at all when the worker does not start.

[richie956]

I have finally convinced my employer to start working from the 25th of March, is think now we didn't break the 28-day rule, right? do we still need to report something in the SMS?

[richie956]

I have a SWV valid from 19/02/2024 (on vignette), and my CoS start date is 01/03/2024. I intend to travel on 24/03/2024 and have a valid contract from my employer starting 25/03/2024. Do I violate the 28-day rule? if not, what should my sponsor report to the SMS? if anything? Thank you.

[richie956]

Hi everyone,
I need to prove my right to work when I arrive in the UK to my employer, is my 3-month visa and passport enough, at least temporarily? I cannot have a share code since probably I won't have my BRP right away and I need to work as soon as I get there. For the employer online check from the home office, it needs my UK address, which I won't be having since I will be renting a hotel/Airbnb for the first week. Is anyone in a similar situation?

[CR001]

Hi everyone,
I need to prove my right to work when I arrive in the UK to my employer, is my 3-month visa and passport enough, at least temporarily? I cannot have a share code since probably I won't have my BRP right away and I need to work as soon as I get there. For the employer online check from the home office, it needs my UK address, which I won't be having since I will be renting a hotel/Airbnb for the first week. Is anyone in a similar situation?

Why not just collect your BRP once you arrive and then they can generate a share code?

Your sponsor will also know what to do.

[richie956]

According to the circumstances and knowing that the post office will return BRP's if no one shows up after 60 days from their deliverance. I think I will not find my BRP available upon arrival. In that case, does the online check service for employer can be enough to prove the right to work?