Job change on 457 visa - advice sought
#1
Forum Regular
Thread Starter
Joined: Mar 2006
Posts: 57
Job change on 457 visa - advice sought
I'm on a 457 and, stated in the employment contract I signed, is a clause covering a substantial sum of money my company here paid to relocate me, my family and possessions. Basically, it's 100% repayable if I leave the company's employ in the 1st year, 75% if during the 2nd, and 50% during the 3rd, going to zero if I stay over 3 years.
So, the question. If I leave during the first year, due to untenable working pressures, could I get out of having to pay the money back somehow? It's contractural, I know, and I signed to it, but could I argue it's unreasonable of the company to expect the money back? I suspect I know the answers...
So, the question. If I leave during the first year, due to untenable working pressures, could I get out of having to pay the money back somehow? It's contractural, I know, and I signed to it, but could I argue it's unreasonable of the company to expect the money back? I suspect I know the answers...
#2
Migration Agent
Joined: May 2002
Location: Offices in Melbourne, Brisbane, Perth, Geelong (Australia), and Southampton (UK)
Posts: 6,459
Re: Job change on 457 visa - advice sought
Speak with an employment lawyer ...
Best regards.
Best regards.
#3
Forum Regular
Thread Starter
Joined: Mar 2006
Posts: 57
Re: Job change on 457 visa - advice sought
Originally Posted by Alan Collett
Speak with an employment lawyer ...
Best regards.
Best regards.
#4
Migration Agent
Joined: May 2002
Location: Offices in Melbourne, Brisbane, Perth, Geelong (Australia), and Southampton (UK)
Posts: 6,459
Re: Job change on 457 visa - advice sought
I have the contact details of an immigration barrister who may be able to advise you - but be prepared to pay for her time. If this is of interest please send me a PM or an email.
Best regards.
Best regards.
Originally Posted by Abject_Rage
Thanks Alan. Can you, or anyone else, suggest someone in Melbourne I might be able to speak to initially, for free, to see if there's any mileage?
#5
Re: Job change on 457 visa - advice sought
Originally Posted by Abject_Rage
I'm on a 457 and, stated in the employment contract I signed, is a clause covering a substantial sum of money my company here paid to relocate me, my family and possessions. Basically, it's 100% repayable if I leave the company's employ in the 1st year, 75% if during the 2nd, and 50% during the 3rd, going to zero if I stay over 3 years.
So, the question. If I leave during the first year, due to untenable working pressures, could I get out of having to pay the money back somehow? It's contractural, I know, and I signed to it, but could I argue it's unreasonable of the company to expect the money back? I suspect I know the answers...
So, the question. If I leave during the first year, due to untenable working pressures, could I get out of having to pay the money back somehow? It's contractural, I know, and I signed to it, but could I argue it's unreasonable of the company to expect the money back? I suspect I know the answers...
a) If you leave the country, it is highly unlikley your sponsor will find you. Mind you, you would certainly not be able to get another visa here.
b) If you found a new employer to sponsor you, ask them to take over the debt
c) If you have found another way to remain here, speak amicably to your sponsor about the pressure and why you have to leave and offer to re-pay at $100/week or something like that.
Just my opinion
Andrew