DASP Super Claim Overseas

[tommyhawkes]

Hi all,

So I have been trying to transfer my super from Australia back to the UK after making the decision to stay in the UK and I'm having to literally prove that I am who I am more times that care to mention.

I went through the normal channel of filling out a DASP form on My.Gov, as prescribed. A few months later I get a communication requesting that I fill out the Super companies own DASP form and send this back, along with a certified copy of my bank statement (CommBank) and a certified copy of my passport ... in the post!? 

Now I know what Aussie post is like, never mind international post.

I mean really!? I know they have to be cautious but I have made it as easy as possible for them. I have requested that it be paid into my Aussie bank account to cut down on transfer time and fees. I also did this because this is the bank account I have registered with my Super Annuation Fund and My.Gov to help them link to the beneficiary (me), I thought this was supposed to be the idea behind linking all the services on My.Gov, to make it easy... I dunno maybe I'm being unreasonable, but I also used to work at a financial institution and I know the tricks they play to delay or deny withdrawals.

Any way, without whinging too much, I have 2 questions. 

 

Does any one else have experience dealing with SunSuper? Are they obstructive when it comes to this sort of matter? What are the turn around times, generally?

They have given me a list of who can certify the docs in Australia.... I'm in England. Who could I get to certify these docs? Tried ringing them between 8 and 5 (AEST) but I can never seem to get through on the number they give!?

Any advice would be greatly appreciated.

[Quoll]

I didn't think it was possible to transfer super out of Australia unless you have reached preservation age.

[Ken]

12 minutes ago, Quoll said:

I didn't think it was possible to transfer super out of Australia unless you have reached preservation age.

It is possible for temporary residents who have departed Australia (but judging from the number of posts on the subject, they don't make it easy).

 

PS: Regarding getting a document certified in the UK I would get a Notary Public's stamp on it (ask any Solicitor - they'll know of someone).

Edited June 14, 2019 by Ken

[Nemesis]

10 minutes ago, Quoll said:

I didn't think it was possible to transfer super out of Australia unless you have reached preservation age.

You can if you were only on a temporary visa and that visa has expired or been cancelled. 

[Amanda_UK]

Hi Tommy and anyone who’s planning or finding it hard to get their Super, 

I left in 2018 and gave up on many occasions trying to get it back. 

Now it's my new part-time job to get that back and hopefully my learnings and correspondance with MyGov, ING Living Super fund, Home Office and the ATO can help others where I've gone on this steep learning curve...

Status: Left country 18 months ago, Temporary Resident visa ceased to exist, actively working on getting this Super
 

Back in 2018 and about to leave, ING Super said to wait until I've left the country to apply DASP.

• Hindsight, should have linked up my ATO and Super Fund accounts with MyGov before leaving - could have done DASP online after I left. MyGov support can help with this if you’re in Australia but advised it can't be done once you're no longer a resident and outside the country. 
• Because the only alternative to not being able to do this online is by paper - should have got the passport certified and Super Fund DASP form with a cover letter written and posted to your Super Fund whilst in Aus with dates of leave. They only accept the DASP form with signature in ink and will not accept emailed forms and they can hold it on file until they receive your ‘Certification of immigration status’.
• This page on the ATO website is the only one you need to know (QC 24169) about how to start the process of withdrawing your super.

According to ATO website, your Super must send the funds to ATO if there’s no activity on payments into the fund after 6 months and intrest is diminishing fund or visa has expired.

• This might be true for some, but not ING – they require the certificate of immigration status whether it’s above or below the threshold to release the funds to the ATO.
• Certification of immigration status is 55GBP and can be paid on the Home Affair ImmiAccount.  
• This is the only page on how to do this and get the ball rolling: https://immi.homeaffairs.gov.au/entering-and-leaving-australia/leaving-australia 
•  After submitting payment it lets you know this Certification status is valid for only 30 days! So have all your ducks in a row with being ready to submit the DASP by post if sending from the UK. 

Getting the funds transferred back over…

• Kept the Aussie bank account open. Signed up to a low cost finances transfer platform (Transer Wise) which sends funds in seconds (recommend setting this up and testing whilst in Aus. Keep the app on your phone and the sim card active for a month after leaving Aus. 
• When the super does deposit back (ING said they only transfer to Australian accounts, alternatively they send cheques that would expire by the time it reaches the UK) this makes it easier to do from the UK via an app on your phone. 
   

Here's the correspondence with ING Living Super:

Had a phone call with support at ING (who suggested it can all be arranged over the messaging service) stating it would be easier to have the funds transferred to ATO as they accept the forms online and only need the Certification of immigration status and the DASP form to send it to the nominated account. ING require a lot of certified documents that all need to be signed in ink and posted. 

Applied, paid and submitted for the Certification of immigration status online and they email this to ING Living super. 

There are the following messages sent over:

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22 Feb 20:
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As requested, a certificate of immigration status will be sent to ING Living Super email support to confirm I have been a non-resident since leaving the country in 2018.

 Had read on the ATO website this should have been done when there's no activity on the account for 6+ months. Is it possible to confirm the Immigration Status certificate is all that is needed to transfer over the super into an ATO held account? 

Kind regards,
Amanda

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24 Feb 20:
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Hi Amanda,

Hope you are well.

Funds may be transferred to the ATO where the account is identified as Inactive. An inactive account is one that;
-       Has not received an amount such as a contribution or a rollover for a continuous period of 16 months

The inactive sweep will happen automatically, it is generally not something you can request separately.
Full details regarding the Protecting Your Super law are available on the ATO website with page reference – QC 59051.
In the meantime you can manage and consolidate your super with your preferred superannuation provider. You are currently in our Balanced and Growth investment options.
Our contact details for you may be outdated as we still have your Australian details on file.

Please call our contact centre on +61 2 9028 4077 to updated these records, we are available between 8am-8pm Monday-Friday Sydney EST time.
I hope this has assisted with your enquiries. Should you need further information please respond to this message or to speak with our ING Superannuation Specialists call 133 464 between 8am-8pm Monday to Friday (Sydney time)

Regards
Jennifer

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25 Feb 20:
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Hi Jennifer

 I think the previous message was misunderstood as that page reference contained nothing in relation to the situation being enquired. 
Had spoken with a member of the ING team on the phone in regards to getting the Super claimed on DASP and was advised that it would be quicker to have the funds transferred over to the ATO as the DASP forms are accepted electronically. 

As a non-resident, with an expired Temporary resident visa, who has not been active with making payment into the Super fund and not been in Australia in the last 18 months, I was advised by both the ATO and an ING phone support member that all that was needed was the Certificate of Immigration status being sent to the Super fund (ING). 

According to the ATO website, (with page reference - QC 16612);
"Generally, if you do not claim your super from your fund within six months of leaving Australia and your visa ceases to be in effect, your fund may be required to transfer the money to the ATO. We will hold your super until you claim it from us."

Is there something else that's been missed in this process that needs to be done in order to have the inactive account closed and funds transferred to the ATO? Was advised support could be provided on chat if there were any further questions... 

Kind regards, 
Amanda

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25 Feb 20:
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Hi Amanda, 

I hope you are well.

It appears there may be some confusion, the message you received about Confirm your foreign Tax status - this message was auto generated and was to relate to our clients holding general banking accounts and nothing to do with your situation.

In order for you to be reunited with your Superannuation funds you will need to complete a DASP through the ATO and to send us certified ID. Please the below instructions.

When you refer to the 6 month rule of sending funds to the ATO, we only do so when they request us to send the funds as they know you have left the country.

Temporary residents can claim super benefits if all of the following apply:
-you visited on a temporary visa (excluding visa subclasses 405 and 410)
-your visa has ceased to be in effect
-you have left Australia

A temporary resident is a holder of a temporary visa under the Migration Act 1958 .
The easiest way to make a DASP claim is online via the ATO website. This way you won’t need to post through any forms. Once the DASP has been processed this will automatically close the Living Super account.

Alternatively, you can complete a DASP paper form from the ATO website, but you will need to provide a certified ID that meets the Australian certification requirements.
Keep in mind, if you do submit the DASP claim electronically and your account balance exceeds $5,000, we will also require a certified ID that meets the Australian certification requirements. You may wish to organise this prior to your departure.
The following people can certify copies for overseas residents:
 
• A judge of a court
• A registrar or deputy registrar of a court
• A police officer
• An Australian consular officer or an Australian diplomatic officer (within the meaning of the Consular   Fees Act 1955).
• Employee of the Australian Trade Commission
who is:
– in a country or place outside Australia; and
– authorised under paragraph 3 (d) of the Consular Fees Act 1955; and exercising his or her function in that place
• Employee of the Commonwealth who is:
– in a country or place outside Australia; and
– authorised under paragraph 3 (d) of the Consular Fees Act 1955; and
– exercising his or her function in that place 

Please post this to:
ING
GPO Box 4307
Sydney NSW 2001
Australia

I hope this has assisted with your enquiries. Should you need further information please respond to this message or to speak with our ING Superannuation Specialists call +61 2 9028 4077 between 8am-8pm Monday to Friday (Sydney time).

Regards,
Berlinda
 

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25 Feb 20:
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Hi Berlinda, 

Please respond without pasting generic advice as the previous message is also stating 'get this sorted before leaving Australia' and other details already confirmed. 

To rephrase what information is required on this end.... 

When reading the 'Application for DASP from a super fund' form (NAT 7204-03.2018) - it states: 
If your super money is $5,000 or more, you must: 
- provide certified copies of any additional information required by your super fund 
- apply for a Certification of imiigration status(form 1194) from DIAC. 

What I need to know from ING Living Super support is specifically (in a list) what additional certified copies are needed that confirm eligibility to release the funds to the ATO, that are not already validated by the Certification of Immigration status? 

What do I need to include what isn't provided as it needs to be sent over in one postal send?
The Certification of immigration status expires in 30 days and it's going to be costly of time and money to renew or pay to get copies certified at the consulate that aren't necessary.
 
Regarding the Certification of Immigration Status, the DASP Super Fund transfer to ATO form also states: 
The Certification of immigration status is an electronic certificate which is sent to your nominated super fund and copied to you. It confirms your eligibility for DASP by stating that: 
- you WERE a temporary resident
- your temporary visa has CEASED to be in effect 
- you have LEFT Australia 

so again.... what additional certified copies are needed that confirm eligibility to release the funds to the ATO, that are not already validated by the Certification of Immigration status?
Is this enough to release the funds to the ATO, or will the additional documents even be need to be sent for the Super to send the funds back directly to myself and not through the ATO?
 
Thank you for reading, I'm sure you get these messages a lot, but the ambiguity and mixed messages across services, chat and telephone support is not making this easy. 
Kind regards, 
Amanda