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Hi all, I came over to Australia on a 457 visa with the very good intention of seeing out the 4 years on it. However, due to personal circumstances I left Australia after 5 1/2 months. I just looked into retrieving some tax (as I presumed I had overpaid) and was told that I in fact OWE the ATO $3500!!! :arghh: This is because of the fact that I left under 6 months. My company had been paying my tax as a resident status, but because I left early my period of stay has been classes as non-resident. Therefore the tax that was paid was at a lower resident tax-rate and so I've underpaid it seems. Is there anything I can do to appeal against this? I fully intended to stay in Oz for longer but unfortunately had to move back. Needless to say, I do not have a spare 3500 Any help on this is greatly appreciated ​Thanks

Alan, appreciate your advice, but I never said I would not adhere to the contract. I'm merely looking at the legalities behind this. DIA say that the obligation of the employer is to pay for a return airfare, which means that my company cannot claim for the inbound flight as said in my contract (I've checked with DIAC on this and return airfare means both ways). Therefore I'm looking for answers as to what takes legal precedence.

Hello, Due to personal circumstances I am leaving Australia and therefore will be giving up my 457 visa. I've got a bit of a tricky question regarding legalities so would be great if anyone can provide assistance When I came over, my employer sponsor paid for migration fees, flight and 3 weeks accommodation. In the work contract I signed it states: " The Employee acknowledges that the Employer has incurred significant costs in recruiting the Employee and relocating the Employee to Australia. Accordingly: If either party terminates the Employment at any time within the 24 months of the commencement date, then: (a) the Employee must reimburse he Employer for all airfares paid by the Employer (inbound to Australia only) (b) the Employee must reimburse the Employer for all accommodation paid for by the Employer; and © the Employee must reimburse the Employer for any fees and charges associated with retaining specified migration agents Reading the above seems like I will have to pay the costs back, BUT looking at the Department of Immigration and Citizanship documents it states the following: "Your sponsor must not ask you to pay back the cost of your recruitment, including migration agent costs or the costs associated with becoming or being an approved sponsor" and "Sponsors must not recover, or seek to recover from the primary sponsored person, all or part of the following costs: (a) the costs (including migration agent costs) that relate specifically to the recruitment of the primary sponsored person" Sorry this has been so long-winded but I've a couple of questions on the above. (1) In the DIAC text it talks about any cost relating to recruitment - can I assume that this also includes airfare and initial housing accommodation (2) which takes legal precedence? the DIAC text or the contract? I know of a past company employee who was asked to pay everything back but refused and they never followed it up with him after he left. I think that the company is taking a chance and its not legally enforceable. Any advice or comments would be greatly appreciated. Many thanks