Clawback of visa costs

[Omar5]

Hi All,

Hope you’re well.

I currently have been let go from my current employer, and they are clawing back hefty legal fees and home office fees from me (including COS, IHS fees, UKVI fees and solicitors fees). Unfortunately, I had agreed to the claw back but I did not forsee getting terminated within 2 years of service.


I understand that the employer can not clawback the COS fee, but I cant seem to find this in the policy guidance anywhere. Could someone guide me where this is written?

On a separate note, if I take my termination to the employment tribunal on grounds for discrimination (I'm debating whether if its worth it), what impact does this have on my visa? As I understand legal proceedings can be costly and take a long time, this may cross the curtailment period that would be given.

[CR001]

I currently have been let go from my current employer, and they are clawing back hefty legal fees and home office fees from me (including COS, IHS fees, UKVI fees and solicitors fees). Unfortunately, I had agreed to the claw back but I did not forsee getting terminated within 2 years of service.

If your contract of employment had a clause indicating this, then nothing you can do if the employer paid all the fees.

I understand that the employer can not clawback the COS fee, but I cant seem to find this in the policy guidance anywhere. Could someone guide me where this is written?

It depends what your contract says about fees and termination.

On a separate note, if I take my termination to the employment tribunal on grounds for discrimination (I'm debating whether if its worth it), what impact does this have on my visa? As I understand legal proceedings can be costly and take a long time, this may cross the curtailment period that would be given.

No impact on your visa or any visa you will have to apply for to stay in the UK. You cannot stay in the UK once your visa expires or curtailment period ends, regardless of a tribunal case.

[Omar5]

Thank you for your reply, it’s much appreciated.

The wording in the contract is as follows: ‘To confirm, the full cost of the associated legal fees, Immigrational Heath surcharge fees, Home Office application fee and any other associated costs for priority services will be reclaimed. The amount will be based on the actual invoice received by xxx for the entire visa application. The amount reclaimed may be subject to tax.’

Apologies if my query was unclear, I understand that the ‘Immigration Skill Charge’ cannot be passed down to the employee. I may have understood incorrectly that the Certificate of Sponsorship fee (£199 at the time) cannot be passed down to the employee as well. I was confirming if the COS fee can’t be passed down.

[Frontier Mole]

All costs with the exception of the Skill surcharge can be passed on to the sponsored employee. There is usually a pro rata part of the contract of employment, that would account to the period in role. If your employer is recouping all costs that would not normally be best practice.

Are you being made redundant? Then you will have a redundancy claim that they have to meet.

If you are being terminated for disciplinary reasons then no redundancy claim.

[AmazonianX]

How long is the full duration of your visa?
As you have worked for them the time spent as their employee should reflect by reducing the amount you have to pay them.

[Omar5]

Thank you both for your replies, it’s much appreciated.

I have received the final clawback figure today, and according to the contract the amount has been reduced by 50% (rather than being pro-rata’d) as I have been with the company for more than a year (the amount is reduced to nil after 2 years). The full duration of the visa was 3 years ending in September 2025. I haven’t received my curtailment letter just yet.

[CR001]

I haven’t received my curtailment letter just yet.

These are sent by UKVi and can take a couple of months to reach you.

[Omar5]

Thanks CR001, you guys have been very helpful. Just a final question - as I have a holiday booked already (beginning of March) Is it possible to leave and re-enter the country before receiving the letter of curtailment? Or will I face any further questions at immigration?

[AmazonianX]

There could be issues re-entering if employer already notified HO. Your primary reason of being in UK no more valid.
If stopped and questioned that is.

[CR001]

Thanks CR001, you guys have been very helpful. Just a final question - as I have a holiday booked already (beginning of March) Is it possible to leave and re-enter the country before receiving the letter of curtailment? Or will I face any further questions at immigration?

There have been reports of peoples visas being cancelled when they leave the UK after no longer being sponsored by their employer. This means cancellation of your visa and no curtailment as you have left the UK.

Is it a risk you wish to take?

[Omar5]

Absolutely not, I’ll try and see if I can sort this out via travel insurance. Thanks everyone for your replies.

[THO]

I'm not sure your travel insurance will cover you for not leaving because you might be unable to legally return, why would it? Travel insurance is for unexpected things like the company you booked with going bust, or you break a leg and can't fly.

Why are you insistent on staying in the UK until you have to leave, what do you hope to gain except spending money on living expenses? Do you hope to get more work and find way to remain working for another company?

One of the other more knowledgeable board members may be able to tell you if that is possible, can you move companies, and what are the legal responsibilities of your new employer to be able to employ you?

[Omar5]

I'm not sure your travel insurance will cover you for not leaving because you might be unable to legally return, why would it? Travel insurance is for unexpected things like the company you booked with going bust, or you break a leg and can't fly.

Why are you insistent on staying in the UK until you have to leave, what do you hope to gain except spending money on living expenses? Do you hope to get more work and find way to remain working for another company?

One of the other more knowledgeable board members may be able to tell you if that is possible, can you move companies, and what are the legal responsibilities of your new employer to be able to employ you?

Thanks for your reply THO. I’ll respond with the limited knowledge I have until now as this is new to me. As for reimbursement of the holiday booked, this largely depends on the travel insurance you taken. I have found from the standard wording that the following may apply if applicable:

‘Redundancy of you or any person who you are travelling or have arranged to travel with (which qualifies for payment under current United Kingdom redundancy payment legislation, and at the time of booking the trip or one-way trip there was no reason to believe anyone would be made redundant)’

To answer your question - it depends on the type of job loss that is covered. This is probably not the case for me and I rather take the loss and not pursue it.

To answer your other questions, people have other/personal reasons to stay especially when you’ve been living in a country for over 6 years such as friends, family, relationships, one should make arrangements accordingly. I’ve never said I was ‘insisting’, one can incur living costs wherever they live so I’m not sure what your point was? Unless you think you can magically live for free somewhere - if you know of a place please share. As for finding a job, it depends on your skillset, you can very much find another sponsored job if you’re looking for one. Hope you find this helpful.

[THO]

The point about incurring expenses living in the UK, is that if you are going to have to leave, because you are not allowed to find another job, (which is what I suggested other board members will know the answer to) then remaining in the UK will cost you money, so you might as well return to your home country sooner so you can find a job there, thus saving you money. No suggestion you can live for free in any country.

However, if you are able to switch companies, and find one that is allowed to employ you then it's worth a punt to stay and look. So, you need to be sure you can find more work and if so, does it have to be with a company that is able to sponsor a foreign worker, or just any company who you find? I don't know these answers, but think they might be relevant to you.

Keep us informed of your progress.