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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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I had signed a contract with a company with clause "The

Customer Question

Hi, I had signed a contract with a company with clause "The company may pay the application fees and associated expenses and costs including legal and administrative costs connected to the application for your tier 2 general visa("the visa").In consideration of this , you agree that if your employment terminates after the company has incurred the liability for costs you will liable to repay some or all of the costs in accordance with clause 20.10"
My question is does this anyway include costs for dependant visa also as my contention is that the dependant visa was a separate application not same as my Tier 2 application.There is no reference to dependant visa in the contract so I can't be accountable for recovery of same.The dependants Visa is no way associated expense or connected to my Tier 2 General Visa in that sense.I got my Tier 2 Visa and joined the firm and later application for dependant Visa was submitted.So,the two applications are separate applications as for Tier 2 applications it is not necessary to apply for dependant Visa and there is no mention of same in employment contract so I am not liable for any recovery therein.
Is my understanding right.The firm has withheld my salary and also is asking me for remaining repayment and not providing me P45 and relieving documents till the time I repay this. Appreciate your advice on this.
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
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Expert:  Alex J. replied 3 months ago.

Thank you for your question and welcome. My name is ***** ***** I will assist you. I would agree with your summary, the clause states you are accepting liability for the tier 2 visa only - as this is an employment contract if they wanted you accept otherwise, or deduct them from your salary, then they have to be absolutely specific in what they are proposing to deduct. Have you told them you believe this is an unlawful deduction of salary?

Customer: replied 3 months ago.
My question is not regarding deduction from salary but does above clause also include dependant visa recovery. They have a seperate clause for deduction from salary.Please confirm if my understanding regarding dependant visa expenses not being part of above clause.
Expert:  Alex J. replied 3 months ago.

Thank you. Yes my opinion of the situation is your understanding is correct. If they want to claim the dependent visa expenses (which is a separate application) this should have been described in the contract. Your liability is to pay all or some of the costs for the Tier 2 visa. Kind regards AJ