Scrubnib Posted February 13, 2014 Share Posted February 13, 2014 Hi everyone! If a company sponsors a temporary resident from the UK (457 visa) to become a Permenant Resident, is there any limit to the payback restrictions they can impose on the person if they leave the company afterwards? E.g. 100% of PR costs to be repayed if leaving within 12 months, 50% within 24 months, etc. I heard somewhere that such restrictions were illegal, but that's probably hearsay. Thanks heaps Link to comment Share on other sites More sharing options...
nicolac34 Posted February 13, 2014 Share Posted February 13, 2014 I don't know about the legality of such a thing, but I was made to sign a new contract when my company sponsored me for PR. I had to repay the whole visa and agents cost if I left the Company within 18 months of the visa being granted. So mine wasn't even pro-rata for time! Thankfully passed the 18 months now, so that's a weight off! Link to comment Share on other sites More sharing options...
Tickled Pink Posted February 13, 2014 Share Posted February 13, 2014 It becomes a negotiation with the employer. We were held to no restrictions whatsoever, but then we are very happy and have no intentions to leave. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted February 13, 2014 Share Posted February 13, 2014 It is common for companies to ask you to sign something of that nature - mine was if i left within 2 years i would pay it all but reducing pro rata with time Link to comment Share on other sites More sharing options...
blossom Posted February 13, 2014 Share Posted February 13, 2014 According to this link that Ozmaniac in another thread just now they can't ask for any monies back: http://www.immi.gov.au/skilled/skilled-workers/_pdf/457-your-rights-work.pdf Link to comment Share on other sites More sharing options...
Scrubnib Posted February 15, 2014 Author Share Posted February 15, 2014 Thanks everyone, really helpful stuff. Blossom79 - I think that link relates to 457 visas rather than PR, but I'll check it whether a similar document exists for PR. Sounds like there isn't a limit but it's up to you to negotiate with your employer. The experiences above really help me judge what is considered standard. Link to comment Share on other sites More sharing options...
jjgibbs Posted February 16, 2014 Share Posted February 16, 2014 I was asked to pay $4500 over 12 months and the remainder in full if I left before the 12 month period was up. Link to comment Share on other sites More sharing options...
ali Posted February 16, 2014 Share Posted February 16, 2014 I think it's reasonable to be honest that if they're paying a lot of money to assist in getting PR then they should be reimbursed if you leave within a set period. Link to comment Share on other sites More sharing options...
abz123 Posted February 16, 2014 Share Posted February 16, 2014 It's not the only thing like this. Most companies who fund professional studies (accountancy qualifications, degree courses etc) will also have some sort of agreement in place for employees who leave within a certain period of time. It's only reasonable to have a commitment from both parties. Link to comment Share on other sites More sharing options...
Freckleface Posted February 16, 2014 Share Posted February 16, 2014 We include repayment in full of costs associated with sponsoring for PR in contracts if employees elect to leave within two years. We would expect the contract to be honoured in the same way we honour the conditions we are responsible for delivering. Everyone we have sponsored is still with us but if someone did elect to leave within the stipulated timeframe we would persue recovery of the costs even if that meant we spent more on the recovery than it was worth - it's a matter of principle. Link to comment Share on other sites More sharing options...
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