elesmith Posted August 19, 2014 Share Posted August 19, 2014 Good Morning All, I am looking for some help and advise if at all possible. My partner is on a 457 visa until 2017 and I am on his visa, I am currently 14wks pregnant and due to the cost here in the NT we wont be able to afford to stay. I am wondering if my partner is to terminate his visa early will his employer still have to pay for the flights back to the UK or will we have to pay as we are terminating his employment early and how much notice do we have to give them if they do pay for the flight. Thanks in advance Link to comment Share on other sites More sharing options...
VERYSTORMY Posted August 19, 2014 Share Posted August 19, 2014 Yes, the employer still has to pay for the flights back. Link to comment Share on other sites More sharing options...
wrussell Posted August 19, 2014 Share Posted August 19, 2014 Good Morning All, I am looking for some help and advise if at all possible. My partner is on a 457 visa until 2017 and I am on his visa, I am currently 14wks pregnant and due to the cost here in the NT we wont be able to afford to stay. I am wondering if my partner is to terminate his visa early will his employer still have to pay for the flights back to the UK or will we have to pay as we are terminating his employment early and how much notice do we have to give them if they do pay for the flight. Thanks in advance After a 457 visa is cancelled, the employer is not liable for repatriation costs unless a claim had already been lodged. Link to comment Share on other sites More sharing options...
Suzukiscottie Posted August 19, 2014 Share Posted August 19, 2014 I guess you need to check your partners employment contract. An employer with any savvy would have this type of scenario (employee choosing to return to home country) covered in the contract. Link to comment Share on other sites More sharing options...
Pumpkin Posted August 19, 2014 Share Posted August 19, 2014 I guess you need to check your partners employment contract. An employer with any savvy would have this type of scenario (employee choosing to return to home country) covered in the contract. Then it would be an illegal contract.. Link to comment Share on other sites More sharing options...
Suzukiscottie Posted August 19, 2014 Share Posted August 19, 2014 Then it would be an illegal contract.. Looking after your employees welfare and best interests is illegal? Since when? Link to comment Share on other sites More sharing options...
Guest Bora Posted August 19, 2014 Share Posted August 19, 2014 Looking after your employees welfare and best interests is illegal? Since when? Its nothing to do with savvyness of employers. The original question was about employer paying return flights. And yes Pumpkin is correct, the employer HAS to pay for return flights irrespective of circumstances and cannot 'protect' themselves if the employee drives a return home. Link to comment Share on other sites More sharing options...
Pumpkin Posted August 19, 2014 Share Posted August 19, 2014 Looking after your employees welfare and best interests is illegal? Since when? Well perhaps is misunderstood you, but viewing your post in the context of the posts above, it read like you were suggesting that a savvy employer would ensure that they were not on the hook for repatriation costs if the employee chooses to leave. But maybe I misunderstood your point, I did not realise you were saying that a savvy employer promotes the welfare and best interest of employees. My bad. So my point was that, if the contract did say that the employer was not on the hook for any repatriation costs if employer chooses to leave, then it would be an illegal contract. Link to comment Share on other sites More sharing options...
claudy mucker Posted August 19, 2014 Share Posted August 19, 2014 Posted very similar thread so very interested in responses and tips Link to comment Share on other sites More sharing options...
Pumpkin Posted August 19, 2014 Share Posted August 19, 2014 Posted very similar thread so very interested in responses and tips Responses are above. What do you mean by tips on this particular point, it is just a factual yes/ no question. Link to comment Share on other sites More sharing options...
Raul Senise Posted August 19, 2014 Share Posted August 19, 2014 As Wrussell has already alluded, it is not that simple. Repatriation costs are only payable if an employer receives a request in writing by either the visa holder or the Immigration Department within a specified timeframe. Link to comment Share on other sites More sharing options...
claudy mucker Posted August 20, 2014 Share Posted August 20, 2014 Responses are above. What do you mean by tips on this particular point, it is just a factual yes/ no question. Any clarity on pregnancy and employment will count as tips for me as hoping to move over soon as this playing on our head in case my wife becomes pregnant so we know where we stand Link to comment Share on other sites More sharing options...
Pumpkin Posted August 20, 2014 Share Posted August 20, 2014 As Wrussell has already alluded, it is not that simple. Repatriation costs are only payable if an employer receives a request in writing by either the visa holder or the Immigration Department within a specified timeframe. Well that seems quite simple? Ask the employer as soon as possible. Link to comment Share on other sites More sharing options...
Ozmaniac Posted August 21, 2014 Share Posted August 21, 2014 After a 457 visa is cancelled, the employer is not liable for repatriation costs unless a claim had already been lodged. wrussell is a respected and experienced RMA and knows what he's talking about. He says the employer is liable for repatriation costs but only if a claim is lodged before the visa is cancelled, so make sure you get the timing right. Sounds like lodging the claim at the same time as the resignation would be the way to go (and get proof of them having received it then in case they try to play hard ball). Link to comment Share on other sites More sharing options...
Pumpkin Posted August 21, 2014 Share Posted August 21, 2014 Any clarity on pregnancy and employment will count as tips for me as hoping to move over soon as this playing on our head in case my wife becomes pregnant so we know where we stand I think you might be on the wrong thread Claude. This one is about getting repatriation money from employers at the end of a contract. Link to comment Share on other sites More sharing options...
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