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-   -   Need advice about reference from current employer (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/need-advice-about-reference-current-employer-459124/)

TMRE Jun 17th 2007 4:47 am

Need advice about reference from current employer
 
Need a bit of advice. Our ACS application is currently in process and for that we had to supply a reference from my husbands current employer. The company would only supply a basic one saying he works for them and it would have had to go through HR and be sent to a specified person at the ACS. This would not have given all the required information needed and given the game away to his employer. Instead he had to write a detailed statutory declaration explaining what he does, job title etc and send in a copy of contract and current payslips.
He works in London and gets a bonus which is decided in January and paid in March. Thing is we are hoping to apply for our visa in July so if they need a reference for the visa, it will come at the time the bonus is being sorted out. Can he supply another stat dec for this or does it have to be from the employer. We were hoping he could get the bonus in March and give his 4 week notice and the visa would come through soon after. The bonus isn't a great amount but will help and as it is discretionary he won't get it if his employer knows he is leaving.
Any help would be appreciated
Thanks
Tam

JAJ Jun 17th 2007 4:53 am

Re: Need advice about reference from current employer
 

Originally Posted by TMRE (Post 4927345)
Need a bit of advice. Our ACS application is currently in process and for that we had to supply a reference from my husbands current employer. The company would only supply a basic one saying he works for them and it would have had to go through HR and be sent to a specified person at the ACS. This would not have given all the required information needed and given the game away to his employer. Instead he had to write a detailed statutory declaration explaining what he does, job title etc and send in a copy of contract and current payslips.
He works in London and gets a bonus which is decided in January and paid in March. Thing is we are hoping to apply for our visa in July so if they need a reference for the visa, it will come at the time the bonus is being sorted out. Can he supply another stat dec for this or does it have to be from the employer. We were hoping he could get the bonus in March and give his 4 week notice and the visa would come through soon after. The bonus isn't a great amount but will help and as it is discretionary he won't get it if his employer knows he is leaving.
Any help would be appreciated
Thanks
Tam

DIAC and ACS don't always have the same rules. You may need to give a reference. However, they may not actually look at the application until around January anyway.

Is the bonus really based on the whim of the employer? What exactly does his contract say? You may want to consult an employment law solicitor as in the United Kingdom it is likely illegal to fire someone simply for expressing an interest in migration and it may be illegal to refuse a bonus for the same reason.

TMRE Jun 17th 2007 5:10 am

Re: Need advice about reference from current employer
 

Originally Posted by JAJ (Post 4927359)
DIAC and ACS don't always have the same rules. You may need to give a reference. However, they may not actually look at the application until around January anyway.

Is the bonus really based on the whim of the employer? What exactly does his contract say? You may want to consult an employment law solicitor as in the United Kingdom it is likely illegal to fire someone simply for expressing an interest in migration and it may be illegal to refuse a bonus for the same reason.

He works in the the City(London) and his contract does state it is a "discretionary" bonus, so they can decided not to give it to him(as they have done for other people). If we can get away with not having to get a reference untill 25th March it would be great. Even though it's not one of those "huge city" bonuses you here about it will still help towards flights so don't really want to miss out.


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