Progressive Posted October 12, 2015 Share Posted October 12, 2015 Hello all, I am looking for some practical advice, ideally from anybody who has first hand experience of this situation. I am not questioning whether my employer is obliged to pay my return travel; I know that they are regardless of redundancy or resigning, as stipulated by DIAC. I am seeking clarification on whether they are required to arrange my flights or instead to pay the (reasonable) costs incurred after I have booked (the most commercially viable) flights. I cannot get through to DIAC as they hold queue is 25+ people at all times. For context, I came out to Australia with this employer, remain employed with an active 457 visa and am now leaving. Extract from the 457 visa page on http://www.border.gov.au: [h=4]Pay travel costs to enable sponsored people to leave Australia[/h]You must pay reasonable and necessary travel costs to enable the sponsored person and their sponsored family members to leave Australia. They must ask you in writing for you to pay the costs. We can also make a written request on their behalf. The costs will be considered reasonable and necessary if they include all of the following: travel from the sponsored persons usual place of residence in Australia to their place of departure from Australia travel from Australia to the country (for which the sponsored visa holder holds a passport) and intends to travel to economy class air travel or, where that is not available, a reasonable equivalent. Travel costs must be paid within 30 days of receiving the request. You will only be required to pay return travel costs once. If a sponsored person returns to Australia (whilst holding the visa for which you sponsored them) after you have paid their return travel costs, you will not be required to pay their return travel costs again. This obligation starts on the day: the visa is granted (if the sponsored person did not already hold a visa when your nomination of them was approved , or your nomination is approved (if the person already held a visa in this subclass when your nomination is approved). This obligation ends on the day (whichever is the earliest): another sponsor has their nomination application for the sponsored person approved the person you sponsored is granted another visa other than a subclass 457 visa, a bridging visa, a criminal justice visa, or an enforcement visa the person you sponsored has left Australia and the relevant visa (and any subsequent bridging visa) is no longer in effect. Quote Link to comment Share on other sites More sharing options...
Bungo Posted October 12, 2015 Share Posted October 12, 2015 I doubt that they are so specific into the practicalities of how this requirement is met. I suspect what you have posted is as clear as you are going to get. I have seen on here in the past, people that have had flights arranged by the employer and people that have booked their own and been reimbursed. Quote Link to comment Share on other sites More sharing options...
blossom Posted October 12, 2015 Share Posted October 12, 2015 I think technically they can insist they book the flights. I've seen people who have had a falling out with their employers where they have then booked them really crappy flights stopping at multiple destinations taking ages to get there and there is nothing they can do about it. Quote Link to comment Share on other sites More sharing options...
Progressive Posted October 13, 2015 Author Share Posted October 13, 2015 I doubt that they are so specific into the practicalities of how this requirement is met. I suspect what you have posted is as clear as you are going to get. I have seen on here in the past, people that have had flights arranged by the employer and people that have booked their own and been reimbursed. It seems that you are on the money. I have spoken to Immigration today who referred me to the (above) text from their website. They agreed that the specifics are not defined. As such, I have prepared a written request and will arrange my own flights (the most commercially viable of course) and submit this with my letter of resignation. I need to depart on a certain day immediately after I cease employment and I cannot guarantee that my employer would arrange flights to suit. I will assume that they will honour this, as it is stipulated by Immigration's legislation. Let's see how I go. Thanks for the input. Quote Link to comment Share on other sites More sharing options...
Superscally Posted October 22, 2015 Share Posted October 22, 2015 My work said I had to book and get reimbursed... Quote Link to comment Share on other sites More sharing options...
TerryDXB Posted October 22, 2015 Share Posted October 22, 2015 As such, I have prepared a written request and will arrange my own flights (the most commercially viable of course) and submit this with my letter of resignation. I need to depart on a certain day immediately after I cease employment and I cannot guarantee that my employer would arrange flights to suit. I will assume that they will honour this, as it is stipulated by Immigration's legislation. Let's see how I go. I would suggest that you need to be very careful in making assumptions as to what will and won't be honoured. The only obligation that your employer has is to provide tickets - there is no requirement for them to take account of any your needs, as long as they meet their obligations. It would be nice if they simply told you to get on with it and book your own, but again, this is not something they are obligated to do. Your definition of commercially viable might not be the same as your employers and they can just as easily meet their obligations by turning round and giving you tickets that don't meet your needs. You need to understand who the term 'commercially viable' applies to - you or your company? You wording "I need to depart on a certain day immediately after I cease employment and I cannot guarantee that my employer would arrange flights to suit" sounds like a demand, and you are in no position to make such a demand - you can make a request, but again, your company are not obligated to meet that request. Hopefully you and your employer will part on reasonable terms and they will agree to your request, but have you considered what will happen if, as you say you will do, you book and pay for air tickets (in what is in your opinion, the most commercially viable manner) and your company then decides to provide tickets from its own source? - you will be well out of pocket. Good luck Quote Link to comment Share on other sites More sharing options...
Chortlepuss Posted October 22, 2015 Share Posted October 22, 2015 I think it's sensible to assume that they will arrange flights for you, unless you have it in writing instructing you to purchase tickets and that you will be reimbursed. Could you not contact your company asking for an explanation of how they are going to proceed and asking (nicely) if it is possible that you travel on a certain date, route etc (even giving some links to cost effective flights). If you have fallen out with them however, there's every chance you could be returning on Garuda and Air India or some suchlike.... Quote Link to comment Share on other sites More sharing options...
Progressive Posted October 28, 2015 Author Share Posted October 28, 2015 . The only obligation that your employer has is to provide tickets - there is no requirement for them to take account of any your needs, as long as they meet their obligations. It would be nice if they simply told you to get on with it and book your own, but again, this is not something they are obligated to do. Incorrect. As per Department of Immigration advice, the Sponsor's obligation is to "pay reasonable and necessary costs". Quote Link to comment Share on other sites More sharing options...
Progressive Posted October 28, 2015 Author Share Posted October 28, 2015 (edited) Update for future readers - I submitted the formally worded written request, closely aligned to the Department of Immigration's wording on the 457 page of their website. Employer accepted their obligation and paid the requested travel costs within the stipulated timeframe. I booked the flights myself and chose the most commercially viable fares on a reasonably practical route. I kept my cost comparisons in case my logic was challenged, which it wasn't. I didn't offer them the chance to book the flights as (a) the obligation is for them to pay the costs not arrange the travel, and (b) based on past cases, I would have been going via Mongolia and Peru if they had arranged them. TL;DR - On a 457 visa, resigned from my position, written request for Sponsor to return me to my home country, they paid up. Edited October 28, 2015 by Progressive Minor change Quote Link to comment Share on other sites More sharing options...
Freckleface Posted October 28, 2015 Share Posted October 28, 2015 We nearly always booked flights for departing 457 visa holders because we received a corporate discount. I would be inclined to ask how the company wanted to proceed before paying for anything yourself. Quote Link to comment Share on other sites More sharing options...
Freckleface Posted October 28, 2015 Share Posted October 28, 2015 Didn't see the last update before I posted. Glad it worked out for you. Quote Link to comment Share on other sites More sharing options...
Progressive Posted October 28, 2015 Author Share Posted October 28, 2015 We nearly always booked flights for departing 457 visa holders because we received a corporate discount. I would be inclined to ask how the company wanted to proceed before paying for anything yourself. I went by the letter of the law in this case. Your proposal would be reasonable, but wasn't possible in this case. Quote Link to comment Share on other sites More sharing options...
Tereza Posted January 20, 2018 Share Posted January 20, 2018 On 28. 10. 2015 at 16:45, Progressive said: Update for future readers - I submitted the formally worded written request, closely aligned to the Department of Immigration's wording on the 457 page of their website. Employer accepted their obligation and paid the requested travel costs within the stipulated timeframe. I booked the flights myself and chose the most commercially viable fares on a reasonably practical route. I kept my cost comparisons in case my logic was challenged, which it wasn't. I didn't offer them the chance to book the flights as (a) the obligation is for them to pay the costs not arrange the travel, and (b) based on past cases, I would have been going via Mongolia and Peru if they had arranged them. TL;DR - On a 457 visa, resigned from my position, written request for Sponsor to return me to my home country, they paid up. Hi there how are you? I am just in the same situation like you were. I would like to ask you where i can find how the letter for requesting of the ticket should look? i am trying to find it for hours but no success. As i asked and my employer with my own letter to cover the fee to get home but they said no. So i wanna try again before i see the lawyer. thank you so much. Tereza Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted January 20, 2018 Share Posted January 20, 2018 If you go to the department web site and look at the relevant clause, I would simply copy and paste it. Quote Link to comment Share on other sites More sharing options...
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