Guest Guest108022 Posted April 30, 2015 Share Posted April 30, 2015 Hello, Hoping someone can help me because there is so much information out there and I can't afford a migration agent at the moment. Last month I left Australia, cancelling my 457 visa as I was getting close to the end of my 90 days and I just couldn't find an employer to take on my visa. I am desperate to come back as I've left my partner, my home and my world behind. My partner is not Aussie and has just submitted his own 457 visa application with me as his defacto and the application is in progress. We have no idea how long it will take but I'm guessing a couple of months, fingers crossed. Does anyone know how long 457's are taking atm? In the meantime, my family in the UK have experienced a massive financial disaster and so I would like to claim my super in order to help them. I checked with Immigration, the ATO and my super funds if I would be able to claim my super while I have a visa in progress and they all said yes but I don't have anything in writing and my first priority is getting this visa approved and coming home. Just want to be fully armed with as much info as possible because I'm so stressed about it all going wrong. Does anyone have any advice on this? I heard that maybe I'd have to pay it back? Thanks, Rae Link to comment Share on other sites More sharing options...
ScouseMan Posted April 30, 2015 Share Posted April 30, 2015 Hello, Hoping someone can help me because there is so much information out there and I can't afford a migration agent at the moment. Last month I left Australia, cancelling my 457 visa as I was getting close to the end of my 90 days and I just couldn't find an employer to take on my visa. I am desperate to come back as I've left my partner, my home and my world behind. My partner is not Aussie and has just submitted his own 457 visa application with me as his defacto and the application is in progress. We have no idea how long it will take but I'm guessing a couple of months, fingers crossed. Does anyone know how long 457's are taking atm? In the meantime, my family in the UK have experienced a massive financial disaster and so I would like to claim my super in order to help them. I checked with Immigration, the ATO and my super funds if I would be able to claim my super while I have a visa in progress and they all said yes but I don't have anything in writing and my first priority is getting this visa approved and coming home. Just want to be fully armed with as much info as possible because I'm so stressed about it all going wrong. Does anyone have any advice on this? I heard that maybe I'd have to pay it back? Thanks, Rae I don't know if your visa application will be a factor or not and so sorry I can't answer your question. Just wanted to point out, incase you don't know, that you will be taxed when you withdraw your super. Good luck with your return to Aus. Link to comment Share on other sites More sharing options...
Bungo Posted April 30, 2015 Share Posted April 30, 2015 I think your question is about your super, to that well I don't think you can claim it unless you are leaving Australia for good? I am not completely certain but that is what I think. As for the rest of your post on visas, I couldn't reallly follow it to be honest but perhaps it is not relevant. Link to comment Share on other sites More sharing options...
Cubiscus Posted April 30, 2015 Share Posted April 30, 2015 You can put in a request for a Departing Australia Super Payment online, you'll likely be contacted be your super companies after around 4 weeks (I was) and you'll be taxed 35%. Not sure whether this will be rejected since you have another live visa application but if you are going to try I'd get on with it ASAP Link to comment Share on other sites More sharing options...
Guest Guest108022 Posted May 1, 2015 Share Posted May 1, 2015 Thanks guys! Does anyone know if I'd have to pay the super back if I claim it? Link to comment Share on other sites More sharing options...
ScouseMan Posted May 1, 2015 Share Posted May 1, 2015 Hi, I withdrew my super in 2013 and so my facts may not be up to date. It is up to you to do the research but to answer your question based on my out of date information ..... No you will not have to pay it back; your super is yours to claim once you have departed Australia and your visa either expires or is cancelled. Once you no longer have a valid temporary visa, and around 3 months have passed, your superfund will transfer the balance to the Aus government for 'safe keeping', but it does not earn any interest once they have their mits on it! If you were planning on leaving Aus permanently, like I was planning in 2013, and are a long way from claiming your pension it makes sense to take the tax hit and repatriate it to the UK. Your superfund or the government (depends upon who actually has your money now) will process your withdrawal and pay the money into your bank account, but minus the 35 - 40 % tax. The total amount of tax you pay depends on salary sacrifice arrangements you made on your super payments. My superfund took around 2 weeks to process the payment, but the wait to cancel my 457 visa after I returned to the UK was around 10 weeks, so keep this in mind for your timeframe. If/when you return you simply open up another superfund and start again. Because of the 35 - 40 % tax that will be levied on your super withdrawal you would probably pay much less interest on a loan in the UK than the tax you will pay on your super. I am sure you have thought through the repercussions of withdrawing your pension fund, just be sure that you know the facts upon how it will impact your income come the time you want to claim a pension. Best of luck! Link to comment Share on other sites More sharing options...
Guest Guest108022 Posted May 1, 2015 Share Posted May 1, 2015 ScouseMan, thank you so much for this... you've really helped answer my question! Did you return to Australia? Link to comment Share on other sites More sharing options...
ScouseMan Posted May 1, 2015 Share Posted May 1, 2015 ScouseMan, thank you so much for this... you've really helped answer my question! Did you return to Australia? No, I am currently in the UK but waiting for my PR visa to be granted and then I'll be on the first flight back to Aus. I went through the process in 2013 and if you have any questions I will do my best to answer; but with regards to whether your pending 457 visa application will impact your withdrawal application ..... I have no idea. Link to comment Share on other sites More sharing options...
Guest Guest108022 Posted May 1, 2015 Share Posted May 1, 2015 Gosh me too... can't wait to get back there. Did you find a role from the UK to give you PR over there? My employer went bankrupt just as we were starting the PR process at the beginning of 2014 and I've been in a mess since then. No one wants to take on a 457 visa anymore which is why we went the defacto route but I'm worried it's not going to be approved and I'll be stuck here. Link to comment Share on other sites More sharing options...
ScouseMan Posted May 1, 2015 Share Posted May 1, 2015 Gosh me too... can't wait to get back there. Did you find a role from the UK to give you PR over there? My employer went bankrupt just as we were starting the PR process at the beginning of 2014 and I've been in a mess since then. No one wants to take on a 457 visa anymore which is why we went the defacto route but I'm worried it's not going to be approved and I'll be stuck here. When we left in 2013 is was to return to the UK permanently, but it wasn't long before we decided to return! Initially my partner was looking for jobs, but there just wasn't anything available and when they did come up they simply were not interested in sponsoring anyone for a 457 visa, instead looking for citizens/PRs. My occupation is on the CSOL and so we went down the state sponsorship route so to get PR and a little more security, plus with a PR visa job hunting would be a great deal easier. The job offer is for my defacto partner and she secured that position through contacts she made when we lived/worked in Aus previously, and it just happened to coincide with our visa, good timing! They were prepared to sponsor us on a 457, but our PR visa should be granted soon (fingers crossed). Historically a relocation package would have been offered for the role, but now nothing is offered and so I guess that shows that they are more reluctant to bring in people from abroad. If you have a home etc. with your current partner in Aus why are you concerned that your defacto application will be refused? When we made our 457 visa application back in 2012 my partner and I were not living together, we lived in different cities because of work, but could show a long and committed relationship and that the separation was only temporary. As long as you can show a committed relationship, you being in the UK and your partner in Aus should not impact your application. Link to comment Share on other sites More sharing options...
Guest Guest108022 Posted May 1, 2015 Share Posted May 1, 2015 We've been together nearly a year and a half and living together nearly 8 months. We can prove we have been living together, have been on holiday together etc but we only opened a joint account in Feb. He failed his IELTS test the first time round and is re-sitting in a couple of weeks... He also has kids that we want to bring over at the end of the year all things going well. They aren't included on this application but we did mention them as subsequent entrants at a later date so that Immigration was aware of their existence. I guess I'm just worried because it's out of my control and I want it so much :-/ That's why I'm looking at alternative options for a 457 visa... just in case we are rejected. But it's even more difficult to try and find employment there when you are so far away. I've been living in Sydney for 10 years and both times I came close to applying for my PR visa something happened to stop the process and all I want is some stability now. Link to comment Share on other sites More sharing options...
ScouseMan Posted May 1, 2015 Share Posted May 1, 2015 My partner and I don't have joint bank accounts, it wasn't a problem for our 457 and hopefully wont be a problem for our 190 visa, but we could demonstrate money going back and forward between our individual bank accounts to pay rent etc. and a financial dependency on each other. So for example if one of you pay the rent, but the other buys all the food for the month or pays other bills, be sure to show evidence. I understand your anxiety and it is bad luck that your company went bankrupt and you lost you job. When I was on my 457 visa I hated that my employer had so much power over my life and even though they were V.nice, the fact that they can majorly f**k up your life is too much power for an employer to have over an employee! Definitely glad to be going down the PR route this time? Do you or your partner not have an occupation on the SOL/CSOL? Link to comment Share on other sites More sharing options...
Guest Guest108022 Posted May 1, 2015 Share Posted May 1, 2015 It would be an absolute dream to get PR... Relying on other people or a company is the absolute worst when your position in a country depends on it... I'm kicking myself for having trusted my old employer.. all the warning signs were there but I hung in there and trusted him anyway. Silly me. My occupation, PR Manager, is on the CSOL list but when I started the PR process last time I was assessed as PR Professional through VETASSES, so if I go down that route I'd need to be assessed again by AIM. But I would still need a sponsor wouldn't I? My partner is a painter which is on the SOL list... his company is sponsoring him for the 457. Link to comment Share on other sites More sharing options...
ScouseMan Posted May 1, 2015 Share Posted May 1, 2015 It would be an absolute dream to get PR... Relying on other people or a company is the absolute worst when your position in a country depends on it... I'm kicking myself for having trusted my old employer.. all the warning signs were there but I hung in there and trusted him anyway. Silly me. My occupation, PR Manager, is on the CSOL list but when I started the PR process last time I was assessed as PR Professional through VETASSES, so if I go down that route I'd need to be assessed again by AIM. But I would still need a sponsor wouldn't I? My partner is a painter which is on the SOL list... his company is sponsoring him for the 457. You will need a sponsor for your profession on the CSOL, but is your profession on the list for state migration allowing you to apply for a PR 190 visa? If your partner is on the SOL, can he not go for the 189 visa and get you both PR that way? Obviously the costs for PR visa are higher and the processing time longer, and it doesn't necessarily help you in the short term, but just a thought. Link to comment Share on other sites More sharing options...
Guest Guest108022 Posted May 1, 2015 Share Posted May 1, 2015 You will need a sponsor for your profession on the CSOL, but is your profession on the list for state migration allowing you to apply for a PR 190 visa? If your partner is on the SOL, can he not go for the 189 visa and get you both PR that way? Obviously the costs for PR visa are higher and the processing time longer, and it doesn't necessarily help you in the short term, but just a thought. PR Manager is not on the state list unfortunately... the 189 is definitely worth a thought. In the meantime, fingers crossed for the 457. Really appreciate your help, thanks for taking the time to answer my questions! Link to comment Share on other sites More sharing options...
Nemesis Posted May 3, 2015 Share Posted May 3, 2015 It would be an absolute dream to get PR... Relying on other people or a company is the absolute worst when your position in a country depends on it... I'm kicking myself for having trusted my old employer.. all the warning signs were there but I hung in there and trusted him anyway. Silly me. My occupation, PR Manager, is on the CSOL list but when I started the PR process last time I was assessed as PR Professional through VETASSES, so if I go down that route I'd need to be assessed again by AIM. But I would still need a sponsor wouldn't I? My partner is a painter which is on the SOL list... his company is sponsoring him for the 457. if he is on the SOL and you both want PR so desperately, why is he bothering to do a 457? Link to comment Share on other sites More sharing options...
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