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dunesurfer

Is there compassionate grounds to get Super released on a 457? (Except leaving)

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EXCEPT leaving Australia?

 

I have no job

Credit cards are heaping up

Car needs to be paid

And have mental issues because of it

 

By the sounds of this I do not have any rights, nor compassion coming my way.

 

I am close to applying for PR and sit with the catch 22 that I don't have money. The only way for me to get money, is to get to my Super. Ideally, I don't want to leave Australia

but these rules are forcing me to leave. I can get a bridging visa which will allow me to stay in Australia. Without the money, I can't do a thing. If I do leave the country they will

take 38% of my hard earned Super!

 

Any suggestions? Or ideas to get access without leaving?

 

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

 

[h=3]Temporary residents and early superannuation release[/h]Generally, the early release of superannuation benefits on compassionate grounds is available to Australian and New Zealand citizens and permanent residents only. If you are a temporary resident, you may be eligible if you met the grounds before 1 April 2009, or you hold an Investor Retirement (subclass 405) visa or Retirement (subclass 410) visa.

If you do not meet the criteria, then you cannot apply for the early release of your superannuation on specified compassionate grounds.

You can also apply directly to the Australian Taxation Office for early release of benefits if you were in Australia temporarily and are now leaving the country permanently.

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Is your 457 still valid if you have no job ?


I want it all, and I want it now.

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No chance of another job with sponsorship? How long have got left before you have to leave?


From Kilmarnock, now in Melbourne :-)

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Visa is still valid. Expiry is 5/15

 

Im in ACT. Government state. Sponsorship here is a miracle by itself.

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Visa is still valid. Expiry is 5/15

 

Im in ACT. Government state. Sponsorship here is a miracle by itself.

When the visa expires is not relevant....if you have left your job or if the job no longer exists then your 457 expires 90 days from that date even if there is time left on your visa. The 457 visa is dependant on your job...no job then no visa

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I take it you haven't notified the department of your change in circumstances / job loss.


I want it all, and I want it now.

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Unless you can find another sponsor both you and your ex employer are in breach and you'd almost be better leaving now than getting hit with an overstay ban of 3 yrs. if you have no job you have to leave within 90 days of your job finishing, not hang on in the hopes of getting PR down the track.

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I'm still within my stay/notify period so that's not my concern.

 

By the looks of it nobody can answer my question.

 

Thanks anyway.

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I think that you have the answer essentially. There would be no way unfortunately to unlock the Super money on these grounds because the government would expect you to return to your home country once you have no job/sponsor.


Timeline: 309/100 Sent 7/8/13, Money Taken 9/8/13, CO appointed 3/9/13. Med 3/12/13. Police check 4/12/13. VISA GRANTED 8/4/14, Subclass100. Recce August 2014. Arrived 30 July 2015.

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And have not applied for pr.


Has two beautiful Aussie little girls :-)

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In a word no. Once your visa is cancelled then you can apply to get it back (though be aware some funds can take over a year a lot of persistence to get it).

 

Unless ss you can gain another sponsor, your only hope is to go back - the employer must pay your flight - wait till super is released and use to apply for pr- which may take some time and you need to be prepared you are unlikely to qualify for any UK benefits in the mean time.

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