Claiming back your super fund
Mar 3rd 2011, 7:03 pm
#1
Just Joined
Thread Starter
Joined: Nov 2007
Posts: 18
Claiming back your super fund
My wife and I recently returned to the UK from Australia. We were on a sponsorship visa and we have a 175 application in the queue, unfortunately this has been caught up in all the recent changes and quite frankly we’re not sure if we’ll ever get our visa. While we were in Australia we were paying into our super funds, are we still eligible to claim back our super funds despite a pending (albeit indefinitely) visa?
Mar 4th 2011, 1:53 am
#2
BE Forum Addict
Joined: Mar 2009
Posts: 1,289
Re: Claiming back your super fund
If you were on a 457 visa and that visa has expired/been cancelled and you do not have a new visa, you should be eligible for your repayment (less tax).
It's free to apply for the repayment, i.e. you have nothing to lose. The link is here: http://www.ato.gov.au/superfunds/con....htm&page=3&H3
It's free to apply for the repayment, i.e. you have nothing to lose. The link is here: http://www.ato.gov.au/superfunds/con....htm&page=3&H3
Mar 4th 2011, 1:54 am
#3
Retired
Joined: Apr 2004
Posts: 34,649
Re: Claiming back your super fund
Isn't the problem that you have to declare that you have left Australia permanently - while a PR visa applicant is supposed to intend to live in Australia?
Mar 4th 2011, 10:43 am
#4
Lost in BE Cyberspace
Joined: Sep 2007
Location: Canberra
Posts: 8,378
Re: Claiming back your super fund
I thought temporary visa holders were actually encouraged to take their money otherwise their contributions go into a very low interest (consolidated revenue by another name) bucket.
Mar 5th 2011, 7:57 pm
#5
Retired
Joined: Apr 2004
Posts: 34,649
Re: Claiming back your super fund
Mar 5th 2011, 8:58 pm
#6
Lost in BE Cyberspace
Joined: Sep 2007
Location: Canberra
Posts: 8,378
Re: Claiming back your super fund
Ah, I misunderstood this
Temporary residents
58 Where temporary residents (e.g. those on a working holiday) permanently leave Australia and do not claim their superannuation benefits within six months, the ATO may require the superannuation fund trustee to pay the benefits to the ATO.7
6 Clause 4(1)(a) of Sch 10D to the Corporations Regulations. These provisions do not apply to citizens of New Zealand or those applying for permanent resident status.
I guess it means if they havent claimed after the benefits once they reached pensionable age. I took it to mean that if they left and didnt claim them back within 6 months which is definitely a different scenario!
Temporary residents
58 Where temporary residents (e.g. those on a working holiday) permanently leave Australia and do not claim their superannuation benefits within six months, the ATO may require the superannuation fund trustee to pay the benefits to the ATO.7
6 Clause 4(1)(a) of Sch 10D to the Corporations Regulations. These provisions do not apply to citizens of New Zealand or those applying for permanent resident status.
I guess it means if they havent claimed after the benefits once they reached pensionable age. I took it to mean that if they left and didnt claim them back within 6 months which is definitely a different scenario!
Mar 6th 2011, 9:44 am
#7
Forum Regular
Joined: Jan 2010
Location: Adelaide
Posts: 39
Re: Claiming back your super fund
Correct
Correct.
So as there is a permanent resident application in still in process then technically it cannot be claimed.
However if the application is revoked or declined and the temporary visa has expired this fits the bill to claim back the Super monies less the tax imposed from the Super company.
If after 6 months it has not been claimed it will now go to the ATO's pot but can claimed direct from them less the tax imposed.
Regards
Andy
