Employer attempting to recoup CoS and ISC fees
Hi all,
For a bit of context, I am on a skilled worker visa, been with my company 3.5 years (2 of it on a graduate visa). When applying for my skilled worker visa, my company made me sign a clawback agreement that includes:
- Certificate of Sponsorship (CoS)
- Immigration Skills Charge (ISC)
- IHS fees
- Application fees
From my understanding, 2/4 of these are in breach of Home Office Regulations (https://www.gov.uk/government/publications/workers-and-temporary-workers-guidance-for-sponsors-part-3-sponsor-duties-and-compliance/workers-and-temporary-workers-guidance-for-sponsors-part-3-sponsor-duties-and-compliance-accessible) and they could lose their license if I report them.
I have recently resigned and my company is activating the clawback agreement. I would like a bit of advice on what I can do here, as they are planning to deduct the amount from my final wage (and since this is not enough to cover it, expect me to pay them more).
Since I am resigning and leaving the country, I am not concerned with any repercussions about my UK visa / employment status.
Any advice on how to handle the situation? Could I argue that since two illegal charges were included in the contract, that it should be void? Many thanks in advance.