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Super Refund vs. Permanent Visa


missmouse

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Hi there.

 

I recently returned to the UK after living in Western Australia for 3.5 years. My husband is from Perth and we met in England, and then moved to Oz for a few years of sunshine and sea.

 

I was on a temporary partner visa for most of my time, then just before we left, I was granted my permanent visa. I'm kicking myself for not staying to get my citizenship, but circumstances meant that I didn't want to stay any longer than I needed to.

 

So, I was wondering if it would be worth forgoing my PR in order to get a refund of my Super, now that I am not residing in Australia? I understand that if you have a PR, you aren't eligible for a refund.

 

But I think I am also right in thinking that my PR won't last longer than five years with me living in the UK now, in which case, perhaps it wouldn't make much of a difference if I was to give it up...

 

Does anyone know the deal on how long the PR is valid for if you don't actually reside in Australia?

 

Any info would be fab - and if I've posted in the wrong thread, let me know and I'll move it elsewhere.

 

Many thanks for any advice.

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I recently returned to the UK after living in Western Australia for 3.5 years. My husband is from Perth and we met in England, and then moved to Oz for a few years of sunshine and sea.

 

I was on a temporary partner visa for most of my time, then just before we left, I was granted my permanent visa. I'm kicking myself for not staying to get my citizenship, but circumstances meant that I didn't want to stay any longer than I needed to.

 

So, I was wondering if it would be worth forgoing my PR in order to get a refund of my Super, now that I am not residing in Australia? I understand that if you have a PR, you aren't eligible for a refund.

 

But I think I am also right in thinking that my PR won't last longer than five years with me living in the UK now.

 

I think it would be a pity to give up your PR. After all, although it seems unlikely now, you never know when your circumstances might change and you'll be glad you've kept that option open. You will need to apply for a Resident Returning Visa (RRV) at some point to extend your PR. I'm not sure when is the best time to apply, but I'm sure someone will pop in to explain.

 

The thing with super is that it's not a bad thing to have it tied up, really. Australian superannuation is just enforced savings. Assuming you've put it in a good superannuation fund (there are some useless ones!), your money will be earning better interest than it would earn in a savings account in the UK. Also it will go on earning quietly, with no tax worries, until you retire - and it could be a very welcome nest egg at that point.

 

As I say, just make sure you're in a good fund (it's very easy to transfer), and make sure you cancel all the insurances because they're not valid if you're not resident anyway.

Edited by Marisawright
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  • 2 weeks later...
  • 2 weeks later...

You can extend it for another 5 years, and then yearly after that.

However, it is designed to encourage/force you to move back to oz before the 5 year extension expires.

So unless you plan on moving back for good at some point, you will be better off cashing in the super and travelling on a tourist visa.

AMP are extremley good and will do all they can to help.

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It looks as though you can only claim back the super if you leave on a temporary visa.

 

Once you're permanent you have to wait until you retire.

 

https://www.immi.gov.au/allforms/superannuation/

 

If you accumulated superannuation while in Australia as a holder of a Temporary Resident visa, you are eligible to claim a Departing Australia Superannuation Payment if you meet all of the following requirements:

 

 

  • you have left Australia
  • you have previously been a Temporary Resident in Australia
  • the Temporary Resident visa that you held while you were in Australia can no longer be used (that is, it has expired or it has been cancelled by us).
  • you are not an Australian citizen, an Australian permanent resident or a New Zealand citizen.

 

If you are an Australian Citizen, an Australian Permanent Resident, a New Zealand Citizen or for some other reason have an option of retiring in Australia and have access to the age pension, then you will generally not be eligible for payment of your superannuation benefits until you have reached retirement age.

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If your PR is cancelled, you are no longer an Australian permanent resident and cannot return to work and/or retire.

I would expect common sense to apply, and you should be able to claim your super as a alien, but then again common sense is in short supply at immi.gov.au

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Once you've been granted a permanent visa, you can no longer claim your super back until you reach retirement age unless you meet one of the very limited grounds for early release of super.

 

They include:

 

Severe financial hardship

Terminal illness

Compassionate grounds

http://www.humanservices.gov.au/customer/services/centrelink/early-release-of-superannuation

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  • 1 month later...
Once you've been granted a permanent visa, you can no longer claim your super back until you reach retirement age unless you meet one of the very limited grounds for early release of super.

 

They include:

 

Severe financial hardship

Terminal illness

Compassionate grounds

http://www.humanservices.gov.au/customer/services/centrelink/early-release-of-superannuation

 

This.

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Once you've been granted a permanent visa, you can no longer claim your super back until you reach retirement age unless you meet one of the very limited grounds for early release of super.

 

They include:

 

Severe financial hardship

Terminal illness

Compassionate grounds

http://www.humanservices.gov.au/customer/services/centrelink/early-release-of-superannuation

 

The financial hardship release would be hard to obtain as you need to be receiving Centerlink payments for 26 weeks - which you wouldn't be if overseas.

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