janieco

I suppose the logic would be that you had the right to be a permanent resident of Australia, but that your actions by not living in Australia proved you didn't want to take that up.

Really your visa should be relinquished and given to someone else who does want to live in Australia permanently.

Yes I agree. Perhaps its a government thing to say they have granted x amount of permanent residency visa's knowing full well not all of them are being taken up. I have spent 38 years of my life living in Oz and I am very conflicted as to where I should be. I have 2 children both born in Oz. My parents are now residing in the U.K. and elderly with health issues. Things are rarely black and white. The 3 years to return is not long enough in my opinion. I work like most people and I can not just jet off when I feel like it and maintain the cost of a life in 2 countries.

As your are (or was) a permanent resident, you cannot under normal circumstances claim your Super until preservation age, which in your case is age 60, However there are certain circumstances under which super can be accessed earlier, experiencing severe financial hardship is considered an acceptable reason -

A super withdrawal due to severe financial hardship is paid and taxed as a normal super lump sum. The minimum amount that can be paid is $1,000 and the maximum amount is $10,000. You can only make one withdrawal from your super fund because of severe financial hardship in any 12-month period.Jun 11, 2015

Early access to your super | Australian Taxation Office

 

https://www.ato.gov.au/individuals/super/accessing...super/early-access-to-your-super

 

Remember that it will be taxed so you will have to take that into consideration, however I also believe that as you are a 'non-resident' for tax purposes (not immigration or visa related) it will still be taxed at age 60.

 

Good luck

You are right regarding the tax when I turn 60 if I am not residing in Oz. As I see it the swings in the exchange rate will eat in to it as well 8 years from now. Seems I am not going to win either way.

Can a RRV be refused ?

If so a PR doesn't mean much.

Yes I agree. I was under the impression that if I did not return then that was that !! After looking through some info it would appear that I have to make a case for right to return and that's not an automatic yes. When I spoke to Oz taxation with regard to my super, some months ago, the guy there said well if you have departed and your right to return has expired then you are no longer a resident. I feel like I have a half visa:confused:

Oh no now I am totally confused. Think I am going to contact immigration to see where I stand.

I am 52. I understand if I still held P/R status that I would have to wait until I was 60. My visa has expired. I do not have the right to reside in Oz. Thanks for your reply. I will be gutted if I can not claim it now

Hi I have had a permanent resident visa status since 1974. I have now been living in the U.K. for the last 4.5 years. I will not be returning to Oz and my visa as I understand it, expired as I did not re-enter Oz 3 years from my last date of departure. My concern is that all the info I can find says that in order to claim my super I need to have been a temporary resident that has now departed. I can not find anything regarding expired permanent residency visa's. I am really worried that my super will forever be locked in OZ :confused:

Thanks for all your thoughts. My British passport has a sticker that states the following ......... Must arrive in Australia within three years from date of last departure. Multiple

travel. Holder permitted to remain in Australia indefinitely.

Its a Resident Return Sub Class 111

I have been out of Australia for 3 years on 3rd June, this year. I will look in to extending this however I really don't hold much hope. I will contact the Australian Embassy

here in the U.K. to see if it can be extended. This visa was originally granted when I was 10 years old in 1974. Will keep you posted Again many thanks for responding.

Cheers Jane xx

Hi All, is there anyone out there that has been in my position ?

After living in Oz for 37 years I returned to the U.K. I couldn't wait to come home and life has been fantastic here in the U.K. for me. My 2 children

now aged 11 and 22 have also been living here with me and are both thriving. I never took citizenship when in Oz. I left with only my Permanent

Residency status. If I don't return by June 3rd it will expire. It has never worried me ...... until now !! I don't know why but suddenly I am plagued

with doubt. I have been hit with the fear that my kids might return and I am not going to be able to live in Oz again. I have suddenly realised that

I am more Australian than I thought ! I NEVER thought I would feel this way and I cant really explain why I am suddenly longing for the smell of

Eucalyptus trees, gum trees, Cath & Kim, channel 9 news, twisties, grilled flake, dim sims, wide open space, Magpies swooping and their unique

warble, big wide houses and streets etc. I am missing the people I grew up with, worked with and have known for so long. I know I can return for

holidays, so why I am I waking up in the night panicking ?? Is it just the permanence of it all ?? Or some thing else .....? :shocked::confused: