janieco Posted October 12, 2016 Share Posted October 12, 2016 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: Quote Link to comment Share on other sites More sharing options...
Gbye grey sky Posted October 12, 2016 Share Posted October 12, 2016 You will normally be able to receive your Super when you reach 60. It will be part of your UK taxable income. If you have been PR since 1974 I assume that is not too far off. Quote Link to comment Share on other sites More sharing options...
janieco Posted October 12, 2016 Author Share Posted October 12, 2016 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 Quote Link to comment Share on other sites More sharing options...
Gbye grey sky Posted October 12, 2016 Share Posted October 12, 2016 You still have PR. It is your automatic right to return that has expired. You cannot therefore access your Super now. Quote Link to comment Share on other sites More sharing options...
janieco Posted October 12, 2016 Author Share Posted October 12, 2016 Oh no now I am totally confused. Think I am going to contact immigration to see where I stand. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted October 12, 2016 Share Posted October 12, 2016 Oh no now I am totally confused. Think I am going to contact immigration to see where I stand. They'll tell you the same. You still have the right to reside in Australia permanently. Your super is nothing to do with Immigration. Quote Link to comment Share on other sites More sharing options...
Gbye grey sky Posted October 12, 2016 Share Posted October 12, 2016 Oh no now I am totally confused. Think I am going to contact immigration to see where I stand. The P in PR stands for 'Permanent' so by it's very definition it cannot expire. If a PR leaves the country and lives overseas then their automatic return is not guaranteed however a PR could apply for and obtain a RRV (Resident Return Visa). Temporary Resident Visas have no such option. Quote Link to comment Share on other sites More sharing options...
Parley Posted October 12, 2016 Share Posted October 12, 2016 Can a RRV be refused ? If so a PR doesn't mean much. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted October 12, 2016 Share Posted October 12, 2016 (edited) Oh no now I am totally confused. Think I am going to contact immigration to see where I stand. No need, GreySky is right. I know the way it works sounds a bit crazy, but your visa never expires - if you were still in Australia you wouldn't have to renew anything. It's just the right to return that expires. So, that means you're still officially PR and that means you can't claim your super until you reach preservation age. The first thing to do, if you haven't already, is write to the super fund, tell them your UK address and tell them to cancel ALL insurances. They're not valid when you're not resident and they'll be costing you money. The money in your super fund will go on earning interest - think of it as a savings account, that's all it is really. Then when you reach 60 you can decide whether to take it as a lump sum or convert it to a pension. Edited October 12, 2016 by Marisawright Quote Link to comment Share on other sites More sharing options...
Keith and Linda Posted October 13, 2016 Share Posted October 13, 2016 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 [h=3]Early access to your super | Australian Taxation Office[/h]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 Quote Link to comment Share on other sites More sharing options...
janieco Posted October 13, 2016 Author Share Posted October 13, 2016 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: Quote Link to comment Share on other sites More sharing options...
janieco Posted October 13, 2016 Author Share Posted October 13, 2016 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. Quote Link to comment Share on other sites More sharing options...
Parley Posted October 13, 2016 Share Posted October 13, 2016 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: 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. Quote Link to comment Share on other sites More sharing options...
janieco Posted October 13, 2016 Author Share Posted October 13, 2016 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. Quote Link to comment Share on other sites More sharing options...
AJ Posted October 13, 2016 Share Posted October 13, 2016 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.Well if you take out citizenship there would be no problem Quote Link to comment Share on other sites More sharing options...
Bungo Posted October 13, 2016 Share Posted October 13, 2016 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: Working for the ATO does not equip one with visa knowledge and clearly the person you spoke to had no idea about visas and why should they. 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. I think you will get a RRV very easily, just fill in the form when you are ready. Your substantial ties to Australia would be your family and your compelling reason for absence would be your elderly parents. I don't think many of us maintain a life in two countries, we take out citizenship, something you were entitled to many years ago.. probably something you should look into if you do another stint in Australia but it would take you 3-4 years now. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted October 14, 2016 Share Posted October 14, 2016 I don't think many of us maintain a life in two countries, we take out citizenship, something you were entitled to many years ago.. probably something you should look into if you do another stint in Australia but it would take you 3-4 years now. Yes, I got citizenship as soon as I was eligible, for the very reason the OP mentioned - that I wanted to be free to return to the UK if I had to care for elderly parents at some point in the future, without worrying about losing the right to come back. I've never been able to understand how someone can live in Australia for more than ten years without it crossing their mind - I can only assume it's because they didn't realise they could lose the right to return. Quote Link to comment Share on other sites More sharing options...
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