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ILR Fees: Employer Issue

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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Gary04
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Posts: 3
Joined: Wed Aug 19, 2020 11:06 am
South Africa

ILR Fees: Employer Issue

Post by Gary04 » Wed Feb 24, 2021 9:09 pm

Hi there,

My family and I have been in the UK for close to 5 years under a Tier 2 General visa and are about to apply for ILR. We are in the country based on my employer's sponsorship.
When our BRP's were last extended in 2019 my employers advised that they would paid for the 2021 ILR fees but that a clawback clause would be inserted into my contract. I agreed that this would be a fair option. This was a verbal discussion, however my intention was to honour this agreement.

More recently i raised the topic of our ILR application with our HR team and they advised that they would start the process with our company lawyers. However they have since come back to me to state that although they have never had a clear policy re this topic in terms of costs, they have conducted a bench marking and believe that i should fund the costs. I reminded them of the verbal/gentleman's agreement and they are ignoring this and HR are pushing their position. There was never a policy in place but they have quickly created one and are pushing it.
I advised that this is both unprofessional and unfair as i have not planned for these fees , i did not sign up to any policy, and as we have 3 weeks to go before our BRP's expire, i really don't have any options to secure another job elsewhere. I have also reminded them of the significant contribution that i have made to the company over the last 5 years which is evident as per performance appraisals and via promotions/awards afforded to me.
I feel frustrated as i know that legally they can push me into this, but it all seems really unfair and not in line with the culture that the company continually perpetuates .
Any suggestions re what i could do to convince them otherwise? i honestly feel that a clawback clause is a much fairer option considering the value that i bring.
Thank you

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Zimba
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Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
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Re: ILR Fees: Employer Issue

Post by Zimba » Thu Feb 25, 2021 2:36 am

This is not an immigration matter. This is something you and your employer must sort out. UKVI does not care who pays for your application
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
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South Africa

Re: ILR Fees: Employer Issue

Post by CR001 » Thu Feb 25, 2021 7:12 am

Also be mindful of any potential demands etc you make, as you need your employer's support for ilr. No one is indispensable.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

THO
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Joined: Sat Feb 17, 2018 12:12 am
Vietnam

Re: ILR Fees: Employer Issue

Post by THO » Thu Feb 25, 2021 9:16 am

Get a loan from a bank and pay that back. It might cost you a few percent on top, but if you don't have the cash to hand, that would seem a sensible way.

Also, you should not bite the hand that feeds you, if you loose your job, it'll be harder for you to apply for ILR. So, keep your powder dry, suck it up and pay yourself and then quietly look for another job, leave on good terms and get a good reference.

THO.

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