As the demand for sponsored workers grows, businesses are actively seeking effective and efficient guidance on developing clawback agreements to recover immigration fees in case of employment termination.
Sponsoring a Skilled Worker for five years can come with a hefty price tag, often exceeding £10,000. Although most employers pay all charges without any clawback arrangement in our experience, some do choose to either put in a clawback clause in the contract of employment or fund the sponsored worker's costs initially which they then pay back from their salary over the duration of the visa.
What is the clawback clause for visa sponsorship?
A clawback clause for visa sponsorship is where a contractual provision is made within the contract of employment of a migrant worker for them to repay certain immigration costs if they leave their job shortly after getting their visa.
The question of who should bear the costs is detailed below –
Fees you should not claim back.
Fees you can claim back.
If you are claiming the cost of fees back from your worker’s salary you MUST ensure that their salary does not drop below the minimum salary amount as a result.
You can mutually agree with your worker regarding who takes responsibility for these.
Attempting to claw back fees that are not reclaimable can lead to legal trouble and financial penalties. It’s crucial to work with us to guide you through the process and ensure compliance with all relevant regulations.
For guidance on recouping immigration fees please contact us on 01403 801801 or info@ukvisas.co.uk
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