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If I get permanent residency and leave to go back to uk will I have to leave my super until I’m at retirement age. I’ve researched in google but can’t find a definitive answer any ideas on where I can get some advise 

 

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Google will give you the answer if you read enough results.

This one from CommBank.au sums up what others say too...

 

Can you take your super overseas?

If you are on a temporary Australian visa, you can access and withdraw the super you’ve earned in Australia, taking it with you when you move overseas.

If you are an Australian citizen, or a permanent resident, you can’t take your super with you overseas. Generally, the earliest you can access your super is when you retire, or are taking steps towards retirement.

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Thanks for your reply

I’ve also read that if my pr visa expires I can then claim my super ibviously that would be before I would reach retirement if I went in 5 years time. it’s a bit of a headache.  I’ll probably contact the store for a clear answer 😬

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What the ATO have to say is here - https://www.ato.gov.au/forms/applying-for-a-departing-australia-super-payment/

Namely, 

'If you are a former temporary resident who accumulated superannuation (super) while working in Australia you can claim your super from your super fund if all of the following are met:

you entered Australia on a temporary visa listed under the Migration Act 1958(excluding subclasses 405 and 410)

your visa is no longer in effect

you have departed Australia

you are not an Australian or New Zealand citizen, or a permanent resident of Australia.'

So, no, you can't get your superannuation early if you have PR. And you should note that even if you're able to get it as a temporary resident, you'd lose a good percentage in additional tax. 

Edited by NickyNook
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After posting I checked the ATO (Australian tax office) and their advice in this was pretty black and white...

Your super

If you are an Australian citizen or permanent resident heading overseas, your super remains subject to the same rules, even if you are leaving Australia permanently. This means you cannot access your super until you reach preservation age and retire, or satisfy another condition of release.

 

 

It appears the only way to get your super early if you have had PR is to have a life-limiting illness.

There are a lot of articles on the web suggesting you can get a DASP refund but this only applies to temporary visas.

Essentially whilst the RRV element of PR can expire a PR visa doesn't (the hint is in the word permanent).

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If your PR expires then would you be able to claim super?

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A PR technically doesn't expire, the RRV portion does meaning you can't resume living in the country (if you are outside of Australia when it expires) but technically you are still a PR.

They could grant you an RRV at any point in the future to allow you to return to Australia and continue to take advantage of your PR status.

I guess maybe you could legally revoke your PR status but I'm not sure how you would do this or indeed if it is even possible

Edited by Ausvisitor
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19 minutes ago, Ausvisitor said:

A PR technically doesn't expire, the RRV portion does meaning you can't resume living in the country (if you are outside of Australia when it expires) but technically you are still a PR.

They could grant you an RRV at any point in the future to allow you to return to Australia and continue to take advantage of your PR status.

I guess maybe you could legally revoke your PR status but I'm not sure how you would do this or indeed if it is even possible

Thanks - interesting point.

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13 hours ago, Ausvisitor said:

A PR technically doesn't expire, the RRV portion does meaning you can't resume living in the country (if you are outside of Australia when it expires) but technically you are still a PR.

They could grant you an RRV at any point in the future to allow you to return to Australia and continue to take advantage of your PR status.

I guess maybe you could legally revoke your PR status but I'm not sure how you would do this or indeed if it is even possible

 

On 27/11/2019 at 18:13, Ausvisitor said:

Essentially whilst the RRV element of PR can expire a PR visa doesn't (the hint is in the word permanent).

A permanent visa can most certainly expire; technically or otherwise, if you are offshore, and with it your  status as a permanent resident. An RRV is not "a portion" of a previous visa, it is a new permanent visa granted to permanent residents, or former permanent residents, who want to maintain/resume their permanent residence status whilst travelling overseas. 

The 'permanent' bit is only a hint as long as you remain in Australia.


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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Thanks for clarifying Paul. I think the point still stands though that you can't opt out and withdraw superannuation if you've been a PR, or are there ways to do this as well?

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39 minutes ago, Ausvisitor said:

Thanks for clarifying Paul. I think the point still stands though that you can't opt out and withdraw superannuation if you've been a PR, or are there ways to do this as well?

I don't disagree - but my point was that it is not a good idea to conflate the ATO view with the Immigration view on what constitutes a 'permanent resident' or indeed a 'resident' (particularly on an immigration forum). Each agency can invent whatever definition it wants in this regard.


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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