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1 year agreement in return of employer letter

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Red_Ross123
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Posts: 3
Joined: Sat Oct 31, 2020 11:53 am
Australia

1 year agreement in return of employer letter

Post by Red_Ross123 » Sat Oct 31, 2020 12:02 pm

Hi All,

My employer wants me to sign 1 year agreement in return of the letter for ILR, since they don’t want me to leave as soon as I have my ILR.

I have worked for this company for 5 years on tier 2 and have a permanent contract.

Is it normal for them to ask such agreement or even legal ? Has anyone else experienced this before ?

What if they ask me to sign a contract/ agreement ?

Thanks a lot in advance for your advice.

AmazonianX
Respected Guru
Posts: 8127
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: 1 year agreement in return of employer letter

Post by AmazonianX » Sat Oct 31, 2020 12:12 pm

Red_Ross123 wrote:
Sat Oct 31, 2020 12:02 pm
Hi All,

My employer wants me to sign 1 year agreement in return of the letter for ILR, since they don’t want me to leave as soon as I have my ILR.

I have worked for this company for 5 years on tier 2 and have a permanent contract.

Is it normal for them to ask such agreement or even legal ? Has anyone else experienced this before ?

What if they ask me to sign a contract/ agreement ?

Thanks a lot in advance for your advice.
This is outrageous and disgusting, outright exploitation and buffoonery.
No, it is not normal and neither is it legal.
Were you told categorically that if you don't sign to work with them for 1 year you will not be given the required letter in support of your ILR application? The communications about this were they verbal or by memo/email?

Red_Ross123
Newly Registered
Posts: 3
Joined: Sat Oct 31, 2020 11:53 am
Australia

Re: 1 year agreement in return of employer letter

Post by Red_Ross123 » Sat Oct 31, 2020 1:39 pm

Thanks.

No not explicitly, but it seems like they showed their intentions.

I think it has something to do with a previous guy who left right after he got ILR.

To be really honest, I plan to do the same in couple of months. But that is secondary concern and doesn’t affect the fact they still need me for foreseeable future.


Thanks

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: 1 year agreement in return of employer letter

Post by CULLINAN » Sat Oct 31, 2020 1:47 pm

Are they sponsoring your visa fees also?
Employer’s do this to safeguard themselves, as Tier 2 applicants use them to enter UK and leave right after ILR which costs them.
This is entirely an employment contract which your employer may demand, nothing to do with immigration or being illegal.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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gag285
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Joined: Mon Mar 17, 2014 4:03 pm
India

Re: 1 year agreement in return of employer letter

Post by gag285 » Sat Oct 31, 2020 2:01 pm

I have signed a clawback condition with my employer who are paying the ILR fee for us. But that is only because they are paying and I wouldn’t have to do so if they were not. This is actually very explicit company policy on immigration support. In case I break the condition, I would simply need to return the fee.

Red_Ross123
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Posts: 3
Joined: Sat Oct 31, 2020 11:53 am
Australia

Re: 1 year agreement in return of employer letter

Post by Red_Ross123 » Sat Oct 31, 2020 2:45 pm

Thanks both - Makes sense.

They offered to pay for my ILR, but I have already confirmed I will pay for it.

I do intend to find a different job over the coming months. So I felt it was not fair to use their money to apply for ILR.

I haven’t give them any other clues that I intend to leave the job apart from the fact that I chose to pay for my ILR despite their offer.

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seagul
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United Kingdom

Re: 1 year agreement in return of employer letter

Post by seagul » Sat Oct 31, 2020 4:35 pm

Red_Ross123 wrote:
Sat Oct 31, 2020 2:45 pm


I do intend to find a different job over the coming months.
I am sure that you must be well aware that even in the absence of this amorphous restrictive covenant which is attached with your employment contract, you still couldn't work for another employer while on section 3C. Owlishly, entirely focusing on ILR should be the main course of action because afterwards every hurdle can be suppressed/challenged. Also, paying your own immigration related costs is a savvy work.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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