Legal advice
#1
Forum Regular
Thread Starter
Joined: Dec 2003
Posts: 123
Legal advice
Hi everyone
Not to sure if anyone can help. And also I understand this is not something I will stand by legally, but hoping I can pursue further with Lawyers.
The situation is that I am in Australia on a 457 Visa. My employer has always agreed to do a PR sponsorship, and which they will pay the cost. The condition was if I was to leave in a 24 month period I would repay to the company.
I have also had 2 letters from the company stating these terms and conditions and they have both been signed.
Recently they have changed the conditions and are now not willing to pay. I also have to use their Immigration lawyers. In the mean time we had purchased a house and so now have no monies available to pay the cost approx. $15K. as we invested all our money and savings into the house,
I am now coming up to year left on the Visa and do not know what I can do.
Any advise please
Not to sure if anyone can help. And also I understand this is not something I will stand by legally, but hoping I can pursue further with Lawyers.
The situation is that I am in Australia on a 457 Visa. My employer has always agreed to do a PR sponsorship, and which they will pay the cost. The condition was if I was to leave in a 24 month period I would repay to the company.
I have also had 2 letters from the company stating these terms and conditions and they have both been signed.
Recently they have changed the conditions and are now not willing to pay. I also have to use their Immigration lawyers. In the mean time we had purchased a house and so now have no monies available to pay the cost approx. $15K. as we invested all our money and savings into the house,
I am now coming up to year left on the Visa and do not know what I can do.
Any advise please
#2
BE Forum Addict
Joined: Jul 2010
Posts: 1,253
Re: Legal advise
I guess it depends on what form these letters take that were signed, the content within them and who signed and at what level.
Just because a letter is signed outlining terms doesn't necessarily make it a legally binding contract of terms.
Things such as these are usually incorporated in to the contract issued by the central HR. I know all kinds of things were inserted on mine and this was a formal legal contract, not just a signed letter.
Just because a letter is signed outlining terms doesn't necessarily make it a legally binding contract of terms.
Things such as these are usually incorporated in to the contract issued by the central HR. I know all kinds of things were inserted on mine and this was a formal legal contract, not just a signed letter.
Last edited by Jon77; May 21st 2014 at 12:14 am.
#3
Re: Legal advise
I should think you have not got a legal leg to stand on. You cannot force anyone to sponsor you for PR, there is a third party here, immigration. The company could just say we don't need this role permanently anymore and then what can you do? It doesn't matter what any agreement says.
As to the house, well the market is pretty buoyant, I guess you need to look to sell it. I never do understand why someone would buy a house on a 457, well I have a low risk appetite, so it is not something I would do, but I know others like to live more dangerously than me.
I actually recall you from years ago weezy and just looked through your history to check. People repeatedly tried to tell you to get your PR strategy properly in place and that you were assuming far too much. I don't say that to make you feel bad, I spend a lot of time on here trying to help people with visa matters and am just disappointed that I (and others) couldn't get the message through clearly enough this time.
As to the house, well the market is pretty buoyant, I guess you need to look to sell it. I never do understand why someone would buy a house on a 457, well I have a low risk appetite, so it is not something I would do, but I know others like to live more dangerously than me.
I actually recall you from years ago weezy and just looked through your history to check. People repeatedly tried to tell you to get your PR strategy properly in place and that you were assuming far too much. I don't say that to make you feel bad, I spend a lot of time on here trying to help people with visa matters and am just disappointed that I (and others) couldn't get the message through clearly enough this time.
#4
BE Enthusiast
Joined: Feb 2014
Posts: 592
Re: Legal advise
You may be able to obtain additional finance using your home if there is usable equity in it. Check on my sponsor partner forum -link in signature block - for further information.
However, any loans will be dependent on term of visa remaining and this option may now not be available to you.
However, any loans will be dependent on term of visa remaining and this option may now not be available to you.
#5
Forum Regular
Thread Starter
Joined: Dec 2003
Posts: 123
Re: Legal advise
Thanks for the replies. I am glad some people offer some positive advise
#7
Re: Legal advice
Is it possible that your employer would pay the fees and make a deduction from your salary to cover the cost?
Can you do an independent application without using an agent and put the costs on a credit card or similar?
Can you do an independent application without using an agent and put the costs on a credit card or similar?