KTG1000 Posted May 6, 2014 Share Posted May 6, 2014 Hi All, RSMS 187, employer sponsored PR. Employer has contractually bound me to reimburse them for all costs paid for PR visa for a period of two years. Is this enforceable? Many thanks, Link to comment Share on other sites More sharing options...
northernbird Posted May 6, 2014 Share Posted May 6, 2014 Hi All, RSMS 187, employer sponsored PR. Employer has contractually bound me to reimburse them for all costs paid for PR visa for a period of two years. Is this enforceable? Many thanks, As far as I am aware yes. It's a condition of your contract which you must have signed. Many employers do this to stop being shafted for the costs of a PR visa. Link to comment Share on other sites More sharing options...
Rupert Posted May 6, 2014 Share Posted May 6, 2014 Hi All, RSMS 187, employer sponsored PR. Employer has contractually bound me to reimburse them for all costs paid for PR visa for a period of two years. Is this enforceable? Many thanks, Yes of course, they are perfectly entitled to do this, if you don't like the contract don't sign it, but then you don't get your visa. Additionally, if you don't say two year on a 187 your visa is at risk of being cancelled, so I wouldn't plan to go anywhere anyway. Link to comment Share on other sites More sharing options...
annagilda Posted May 6, 2014 Share Posted May 6, 2014 I think it's pretty reasonable. Why wouldn't they recoup their costs of a PR visa? If it was a temporary visa, that may be different. If you don't like it, don't sign. Link to comment Share on other sites More sharing options...
blossom Posted May 6, 2014 Share Posted May 6, 2014 For the 457 visa they can't ask for costs. For pr they can. I paid for my rsms and most people on the rsms timelines did too. It seems to be the 'norm'. Link to comment Share on other sites More sharing options...
thediggler Posted May 6, 2014 Share Posted May 6, 2014 Hi All, RSMS 187, employer sponsored PR. Employer has contractually bound me to reimburse them for all costs paid for PR visa for a period of two years. Is this enforceable? Many thanks, I'm on a 176 PR and had the same situation. However, I've been told by my manager here that a new law has been introduced recently which prevents employers from forcing overseas employees to refund any relocation assistance. For the avoidance of doubt I'd suggest seeking proper legal advice, as the best you're going to get on here is people's opinions. Link to comment Share on other sites More sharing options...
Rupert Posted May 6, 2014 Share Posted May 6, 2014 I'm on a 176 PR and had the same situation. However, I've been told by my manager here that a new law has been introduced recently which prevents employers from forcing overseas employees to refund any relocation assistance. For the avoidance of doubt I'd suggest seeking proper legal advice, as the best you're going to get on here is people's opinions. This is a matter between the employer and employee, why on earth would laws be passed on it. I don't believe this for a moment, I suspect they a simply referring to the 457 visa. Link to comment Share on other sites More sharing options...
blossom Posted May 6, 2014 Share Posted May 6, 2014 I'm on a 176 PR and had the same situation. However, I've been told by my manager here that a new law has been introduced recently which prevents employers from forcing overseas employees to refund any relocation assistance. For the avoidance of doubt I'd suggest seeking proper legal advice, as the best you're going to get on here is people's opinions. Only for the 457 visa. Link to comment Share on other sites More sharing options...
thediggler Posted May 6, 2014 Share Posted May 6, 2014 This is a matter between the employer and employee, why on earth would laws be passed on it. I don't believe this for a moment, I suspect they a simply referring to the 457 visa. There is such a thing as Employment Law Link to comment Share on other sites More sharing options...
blossom Posted May 6, 2014 Share Posted May 6, 2014 There is such a thing as Employment Law But none that cover an employer recovering fees for a permanent visa. When I applied for my rsms the employer part was free to apply for. The only payment part came in when I applied for my portion of the visa. As far as I know this is still the same. Link to comment Share on other sites More sharing options...
Rupert Posted May 6, 2014 Share Posted May 6, 2014 There is such a thing as Employment Law I am very well aware of employment law. But why would it interfere with contractual arrangements between employers and employees regarding relocation costs. The answer is there is no reason why it should. You are getting mixed up with laws around 457 visas and employers trying to recover those costs. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted May 6, 2014 Share Posted May 6, 2014 Absolutely enforceable and not uncommon. My employer has the same requirement. Link to comment Share on other sites More sharing options...
thediggler Posted May 6, 2014 Share Posted May 6, 2014 I am very well aware of employment law. But why would it interfere with contractual arrangements between employers and employees regarding relocation costs. The answer is there is no reason why it should. You are getting mixed up with laws around 457 visas and employers trying to recover those costs. Jesus Christ, you try offering some helpful advice and get shot down in flames! The point I was making was that it is better to seek proper advice on the matter, to be certain, rather than accept the opinions of people on PIO as gospel. I've been given advice myself on here in the past and found it to be far from accurate. Whether it be right or wrong, I have been told by my own line manager than the company I work for is no longer able to enforce repayment of the relocation costs they paid to me should I decide to leave within 2 years. If that turns out to be a load of cobblers, then obviously i'll be taking the issue up with my employer. However, my suggestion for others in a similar situation would still be to seek proper advice rather than assume the opinions of those given on PIO are 100% accurate. Link to comment Share on other sites More sharing options...
blossom Posted May 6, 2014 Share Posted May 6, 2014 If you want to confirm then check with a good migration agent. @ABA @Alan Collett could both help you out. Link to comment Share on other sites More sharing options...
Rupert Posted May 6, 2014 Share Posted May 6, 2014 Jesus Christ, you try offering some helpful advice and get shot down in flames! The point I was making was that it is better to seek proper advice on the matter, to be certain, rather than accept the opinions of people on PIO as gospel. I've been given advice myself on here in the past and found it to be far from accurate. Whether it be right or wrong, I have been told by my own line manager than the company I work for is no longer able to enforce repayment of the relocation costs they paid to me should I decide to leave within 2 years. If that turns out to be a load of cobblers, then obviously i'll be taking the issue up with my employer. However, my suggestion for others in a similar situation would still be to seek proper advice rather than assume the opinions of those given on PIO are 100% accurate. Are you serious? You are the one making snotty comments as if you are the only person that has ever heard of employment law. And if you are not satisfied with the "advice" you have received on PIO, then perhaps put your hand in your pocket and pay for it rather than complain. This is just a free forum, we are not offering advice anyway, it is simply sharing accumulated snippets of knowledge. Link to comment Share on other sites More sharing options...
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