Superannuation and PR holders (left Oz)
Aug 16th 2011, 2:51 pm
#1
Forum Regular
Thread Starter
Joined: Nov 2005
Posts: 50
Superannuation and PR holders (left Oz)
G'day all.
I left Oz 4 years ago after being granted a PR100 visa. This visa has since expired and I discovered I cannot get a residents return visa.
I started looking into if the rules had changed and whether I could get the super money from my fund over there.
As I remember it, if you were on a temp visa for a time, you could get the super back that you had paid while on it, but after getting PR, any super accrued was tied up until retirement and there was nothing you could do about it.
However, I looked at a few sites today and read somewhere that you could cancel your PR and access your super money.
I checked it out and ended up on the immi.gov.au website. It read like it might work so I sent them a query to check.
I just got back a long automated email saying the following:
Thank you for your email to the Australian Department of Immigration and Citizenship's (DIAC) Superannuation Certification and Cancellation Team. We will respond to your query (if required) as soon as possible.
Please note:
When you contact the [email protected] mailbox, please provide your full name, date of birth and passport/travel document or Client Identification number. This will help us to identify you and respond to your email quickly.
We are currently processing requests for Cancellation of an Eligible Temporary Resident Visa received on 12 July 2011.
We are currently processing Form 1194 applications for Certificates of Immigration Status received on
23 July 2011.
When your application has been processed, your Certificate of Immigration Status will be sent by email to you and your nominated superannuation fund(s).
Please note that DIAC does not release your superannuation refunds. Our role in the DASP application process is to cancel your visa upon the request, and to issue Certificates of Immigration Status (form 1194) statements to super funds.
* * * * * *
The following provides general instructions on visa cancellation, applying for a Certification of Immigration Status and Applying for a DASP Online.
Requesting Visa Cancellation
You may request to have your visa cancelled by completing Page 6 of the 1194 form attached below or by sending a request via email, post or fax to DIAC's Hobart Office.
Your request for cancellation must include the following information:
a clear statement that you wish to have your visa cancelled
full name and date of birth
passport number when you visited Australia
subclass of the visa you wish to have cancelled
current residential address
the date that you departed Australia.
You must also provide details of all people who hold a visa because they are a member of your family unit, or hold a visa only because you hold your visa. (This includes, but is not limited to, people who were included in your visa application).
The addresses for the Hobart Office are as follows:
Email: [email protected]
Postal address: DIAC
Superannuation Certification and Cancellation
GPO Box 1496
Hobart TAS 7001
Fax: +61 3 6281 9453
If you do not have an e-mail address a letter will be sent to your current overseas residential address as provided in your request as soon as your visa cancellation request is finalised. Please note that the Department allows 21 days for a letter to be received at an overseas address.
Paper Applications for a DASP
If you have attached a DASP application form to your 1194 application, DIAC will send it to your nominated superannuation fund(s).
If you wish to apply for a DASP using the paper application form and:
you have under $5,000 in your superannuation account; and
your superannuation fund has not requested you to provide Certification of Immigration Status;
please send your DASP application form and attachments directly to your superannuation fund(s).
Online Applications for a DASP
If you have less than $5000 with your superannuation fund, the simplest way to obtain your refund is to use the Australian Taxation Office's online claim system. Please click the link below to access the online form:
https://applicant.tr.super.ato.gov.a...ult.aspx?pid=1
More information about claiming your superannuation once you have departed Australia is available on the Australian Taxation Office's website at:
http://www.ato.gov.au/individuals/co...1/002&st=&cy=1
Kind regards
Superannuation Certification and Cancellation Team
Tasmania State Office
Department of Immigration and Citizenship
Email: [email protected]
Fax: +61 3 6281 9453
Phone: +61 3 6281 9425
Interesting. Does anybody in the know read this the same as me? Sounds like its pretty easy, but probably too easy to be true.
Input would be appreciated if anybody knows if its been done and ex-PRs have gotten their Super cash...
Or is this just for people to cancel temporary visas? I read on another thread that some dude cancelled his citizenship to access super, so surely the same can be done with PR?
Here it is: I quote JAJ
An AAT case concerning someone who renounced Australian citizenship to recover superannuation, but then wanted citizenship back. DIAC were not sympathetic, and nor was the AAT.
http://www.austlii.edu.au/au/cases/c.../2010/738.html
I left Oz 4 years ago after being granted a PR100 visa. This visa has since expired and I discovered I cannot get a residents return visa.
I started looking into if the rules had changed and whether I could get the super money from my fund over there.
As I remember it, if you were on a temp visa for a time, you could get the super back that you had paid while on it, but after getting PR, any super accrued was tied up until retirement and there was nothing you could do about it.
However, I looked at a few sites today and read somewhere that you could cancel your PR and access your super money.
I checked it out and ended up on the immi.gov.au website. It read like it might work so I sent them a query to check.
I just got back a long automated email saying the following:
Thank you for your email to the Australian Department of Immigration and Citizenship's (DIAC) Superannuation Certification and Cancellation Team. We will respond to your query (if required) as soon as possible.
Please note:
When you contact the [email protected] mailbox, please provide your full name, date of birth and passport/travel document or Client Identification number. This will help us to identify you and respond to your email quickly.
We are currently processing requests for Cancellation of an Eligible Temporary Resident Visa received on 12 July 2011.
We are currently processing Form 1194 applications for Certificates of Immigration Status received on
23 July 2011.
When your application has been processed, your Certificate of Immigration Status will be sent by email to you and your nominated superannuation fund(s).
Please note that DIAC does not release your superannuation refunds. Our role in the DASP application process is to cancel your visa upon the request, and to issue Certificates of Immigration Status (form 1194) statements to super funds.
* * * * * *
The following provides general instructions on visa cancellation, applying for a Certification of Immigration Status and Applying for a DASP Online.
Requesting Visa Cancellation
You may request to have your visa cancelled by completing Page 6 of the 1194 form attached below or by sending a request via email, post or fax to DIAC's Hobart Office.
Your request for cancellation must include the following information:
a clear statement that you wish to have your visa cancelled
full name and date of birth
passport number when you visited Australia
subclass of the visa you wish to have cancelled
current residential address
the date that you departed Australia.
You must also provide details of all people who hold a visa because they are a member of your family unit, or hold a visa only because you hold your visa. (This includes, but is not limited to, people who were included in your visa application).
The addresses for the Hobart Office are as follows:
Email: [email protected]
Postal address: DIAC
Superannuation Certification and Cancellation
GPO Box 1496
Hobart TAS 7001
Fax: +61 3 6281 9453
If you do not have an e-mail address a letter will be sent to your current overseas residential address as provided in your request as soon as your visa cancellation request is finalised. Please note that the Department allows 21 days for a letter to be received at an overseas address.
Paper Applications for a DASP
If you have attached a DASP application form to your 1194 application, DIAC will send it to your nominated superannuation fund(s).
If you wish to apply for a DASP using the paper application form and:
you have under $5,000 in your superannuation account; and
your superannuation fund has not requested you to provide Certification of Immigration Status;
please send your DASP application form and attachments directly to your superannuation fund(s).
Online Applications for a DASP
If you have less than $5000 with your superannuation fund, the simplest way to obtain your refund is to use the Australian Taxation Office's online claim system. Please click the link below to access the online form:
https://applicant.tr.super.ato.gov.a...ult.aspx?pid=1
More information about claiming your superannuation once you have departed Australia is available on the Australian Taxation Office's website at:
http://www.ato.gov.au/individuals/co...1/002&st=&cy=1
Kind regards
Superannuation Certification and Cancellation Team
Tasmania State Office
Department of Immigration and Citizenship
Email: [email protected]
Fax: +61 3 6281 9453
Phone: +61 3 6281 9425
Interesting. Does anybody in the know read this the same as me? Sounds like its pretty easy, but probably too easy to be true.
Input would be appreciated if anybody knows if its been done and ex-PRs have gotten their Super cash...
Or is this just for people to cancel temporary visas? I read on another thread that some dude cancelled his citizenship to access super, so surely the same can be done with PR?
Here it is: I quote JAJ
An AAT case concerning someone who renounced Australian citizenship to recover superannuation, but then wanted citizenship back. DIAC were not sympathetic, and nor was the AAT.
http://www.austlii.edu.au/au/cases/c.../2010/738.html
Last edited by sunnysider22; Aug 16th 2011 at 2:54 pm. Reason: eta
Aug 16th 2011, 8:45 pm
#2
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,814
Re: Superannuation and PR holders (left Oz)
G'day all.
I left Oz 4 years ago after being granted a PR100 visa. This visa has since expired and I discovered I cannot get a residents return visa.
I started looking into if the rules had changed and whether I could get the super money from my fund over there.
As I remember it, if you were on a temp visa for a time, you could get the super back that you had paid while on it, but after getting PR, any super accrued was tied up until retirement and there was nothing you could do about it.
However, I looked at a few sites today and read somewhere that you could cancel your PR and access your super money.
I checked it out and ended up on the immi.gov.au website. It read like it might work so I sent them a query to check.
I just got back a long automated email saying the following:
Thank you for your email to the Australian Department of Immigration and Citizenship's (DIAC) Superannuation Certification and Cancellation Team. We will respond to your query (if required) as soon as possible.
Please note:
When you contact the [email protected] mailbox, please provide your full name, date of birth and passport/travel document or Client Identification number. This will help us to identify you and respond to your email quickly.
We are currently processing requests for Cancellation of an Eligible Temporary Resident Visa received on 12 July 2011.
We are currently processing Form 1194 applications for Certificates of Immigration Status received on
23 July 2011.
When your application has been processed, your Certificate of Immigration Status will be sent by email to you and your nominated superannuation fund(s).
Please note that DIAC does not release your superannuation refunds. Our role in the DASP application process is to cancel your visa upon the request, and to issue Certificates of Immigration Status (form 1194) statements to super funds.
* * * * * *
The following provides general instructions on visa cancellation, applying for a Certification of Immigration Status and Applying for a DASP Online.
Requesting Visa Cancellation
You may request to have your visa cancelled by completing Page 6 of the 1194 form attached below or by sending a request via email, post or fax to DIAC's Hobart Office.
Your request for cancellation must include the following information:
a clear statement that you wish to have your visa cancelled
full name and date of birth
passport number when you visited Australia
subclass of the visa you wish to have cancelled
current residential address
the date that you departed Australia.
You must also provide details of all people who hold a visa because they are a member of your family unit, or hold a visa only because you hold your visa. (This includes, but is not limited to, people who were included in your visa application).
The addresses for the Hobart Office are as follows:
Email: [email protected]
Postal address: DIAC
Superannuation Certification and Cancellation
GPO Box 1496
Hobart TAS 7001
Fax: +61 3 6281 9453
If you do not have an e-mail address a letter will be sent to your current overseas residential address as provided in your request as soon as your visa cancellation request is finalised. Please note that the Department allows 21 days for a letter to be received at an overseas address.
Paper Applications for a DASP
If you have attached a DASP application form to your 1194 application, DIAC will send it to your nominated superannuation fund(s).
If you wish to apply for a DASP using the paper application form and:
you have under $5,000 in your superannuation account; and
your superannuation fund has not requested you to provide Certification of Immigration Status;
please send your DASP application form and attachments directly to your superannuation fund(s).
Online Applications for a DASP
If you have less than $5000 with your superannuation fund, the simplest way to obtain your refund is to use the Australian Taxation Office's online claim system. Please click the link below to access the online form:
https://applicant.tr.super.ato.gov.a...ult.aspx?pid=1
More information about claiming your superannuation once you have departed Australia is available on the Australian Taxation Office's website at:
http://www.ato.gov.au/individuals/co...1/002&st=&cy=1
Kind regards
Superannuation Certification and Cancellation Team
Tasmania State Office
Department of Immigration and Citizenship
Email: [email protected]
Fax: +61 3 6281 9453
Phone: +61 3 6281 9425
Interesting. Does anybody in the know read this the same as me? Sounds like its pretty easy, but probably too easy to be true.
Input would be appreciated if anybody knows if its been done and ex-PRs have gotten their Super cash...
Or is this just for people to cancel temporary visas? I read on another thread that some dude cancelled his citizenship to access super, so surely the same can be done with PR?
Here it is: I quote JAJ
An AAT case concerning someone who renounced Australian citizenship to recover superannuation, but then wanted citizenship back. DIAC were not sympathetic, and nor was the AAT.
http://www.austlii.edu.au/au/cases/c.../2010/738.html
I left Oz 4 years ago after being granted a PR100 visa. This visa has since expired and I discovered I cannot get a residents return visa.
I started looking into if the rules had changed and whether I could get the super money from my fund over there.
As I remember it, if you were on a temp visa for a time, you could get the super back that you had paid while on it, but after getting PR, any super accrued was tied up until retirement and there was nothing you could do about it.
However, I looked at a few sites today and read somewhere that you could cancel your PR and access your super money.
I checked it out and ended up on the immi.gov.au website. It read like it might work so I sent them a query to check.
I just got back a long automated email saying the following:
Thank you for your email to the Australian Department of Immigration and Citizenship's (DIAC) Superannuation Certification and Cancellation Team. We will respond to your query (if required) as soon as possible.
Please note:
When you contact the [email protected] mailbox, please provide your full name, date of birth and passport/travel document or Client Identification number. This will help us to identify you and respond to your email quickly.
We are currently processing requests for Cancellation of an Eligible Temporary Resident Visa received on 12 July 2011.
We are currently processing Form 1194 applications for Certificates of Immigration Status received on
23 July 2011.
When your application has been processed, your Certificate of Immigration Status will be sent by email to you and your nominated superannuation fund(s).
Please note that DIAC does not release your superannuation refunds. Our role in the DASP application process is to cancel your visa upon the request, and to issue Certificates of Immigration Status (form 1194) statements to super funds.
* * * * * *
The following provides general instructions on visa cancellation, applying for a Certification of Immigration Status and Applying for a DASP Online.
Requesting Visa Cancellation
You may request to have your visa cancelled by completing Page 6 of the 1194 form attached below or by sending a request via email, post or fax to DIAC's Hobart Office.
Your request for cancellation must include the following information:
a clear statement that you wish to have your visa cancelled
full name and date of birth
passport number when you visited Australia
subclass of the visa you wish to have cancelled
current residential address
the date that you departed Australia.
You must also provide details of all people who hold a visa because they are a member of your family unit, or hold a visa only because you hold your visa. (This includes, but is not limited to, people who were included in your visa application).
The addresses for the Hobart Office are as follows:
Email: [email protected]
Postal address: DIAC
Superannuation Certification and Cancellation
GPO Box 1496
Hobart TAS 7001
Fax: +61 3 6281 9453
If you do not have an e-mail address a letter will be sent to your current overseas residential address as provided in your request as soon as your visa cancellation request is finalised. Please note that the Department allows 21 days for a letter to be received at an overseas address.
Paper Applications for a DASP
If you have attached a DASP application form to your 1194 application, DIAC will send it to your nominated superannuation fund(s).
If you wish to apply for a DASP using the paper application form and:
you have under $5,000 in your superannuation account; and
your superannuation fund has not requested you to provide Certification of Immigration Status;
please send your DASP application form and attachments directly to your superannuation fund(s).
Online Applications for a DASP
If you have less than $5000 with your superannuation fund, the simplest way to obtain your refund is to use the Australian Taxation Office's online claim system. Please click the link below to access the online form:
https://applicant.tr.super.ato.gov.a...ult.aspx?pid=1
More information about claiming your superannuation once you have departed Australia is available on the Australian Taxation Office's website at:
http://www.ato.gov.au/individuals/co...1/002&st=&cy=1
Kind regards
Superannuation Certification and Cancellation Team
Tasmania State Office
Department of Immigration and Citizenship
Email: [email protected]
Fax: +61 3 6281 9453
Phone: +61 3 6281 9425
Interesting. Does anybody in the know read this the same as me? Sounds like its pretty easy, but probably too easy to be true.
Input would be appreciated if anybody knows if its been done and ex-PRs have gotten their Super cash...
Or is this just for people to cancel temporary visas? I read on another thread that some dude cancelled his citizenship to access super, so surely the same can be done with PR?
Here it is: I quote JAJ
An AAT case concerning someone who renounced Australian citizenship to recover superannuation, but then wanted citizenship back. DIAC were not sympathetic, and nor was the AAT.
http://www.austlii.edu.au/au/cases/c.../2010/738.html
Mar 22nd 2012, 11:54 am
#3
Just Joined
Joined: Nov 2011
Posts: 14
Re: Superannuation and PR holders (left Oz)
Hello. I recently applied to the DIAC to cancel my PR visa to enable me to claim my super back. Below is the relevant part of reply from them. It appears that you can apply to get your Confirmation of Immigration Status certificate when your PR visa has expired. This would then allow you to claim your super by the looks of it.?
e-mail is to acknowledge the receipt of your Confirmation of Immigration Status application by the Department of Immigration and Citizenship (DIAC) on xxxxxx
After careful consideration, your application has been unsuccessful.
Please note that applicants for the Departing Australia Superannuation Payment (DASP) must meet the following criteria as set out in the Superannuation Industry (Supervision) Regulations 1994 and the Retirement Savings Accounts Regulation 1997:
You must :
Have departed Australia
Have entered Australia on an eligible temporary resident visa that has since ceased or been cancelled.
Not otherwise have the option of retiring in Australia.
According to our records you currently hold a Permanent Residence Class AU-120 Visa valid until xx/xx/2014. As you currently have the option of retiring in Australia, you are currently not eligible for early release of Superannuation Funds under DASP. Please also note that a request for visa cancellation made on this form can only be considered in respect of eligible temporary resident visa subclasses as defined in Schedule 1AB of the Superannuation Industry (Supervision) Regulations 1994. There is no legal power to cancel Permanent Residence Class visas on request of the visa holder.
As you hold a valid Permanent Residence Class visa you are currently not eligible for a Confirmation of Immigration Status Certification for the Departing Australia Superannuation Payment. You may however, apply for the Confirmation of Immigration Status once your permanent visa ceases on xx/xx/2014
As you do not meet the above criteria, you would not be eligible for the DASP scheme. You will need to contact your superannuation fund or the Australian Taxation Office (ATO) to enquire as to whether you are eligible for the release of your superannuation funds on other grounds as they govern the law surrounding Superannuation and Taxation policy.
e-mail is to acknowledge the receipt of your Confirmation of Immigration Status application by the Department of Immigration and Citizenship (DIAC) on xxxxxx
After careful consideration, your application has been unsuccessful.
Please note that applicants for the Departing Australia Superannuation Payment (DASP) must meet the following criteria as set out in the Superannuation Industry (Supervision) Regulations 1994 and the Retirement Savings Accounts Regulation 1997:
You must :
Have departed Australia
Have entered Australia on an eligible temporary resident visa that has since ceased or been cancelled.
Not otherwise have the option of retiring in Australia.
According to our records you currently hold a Permanent Residence Class AU-120 Visa valid until xx/xx/2014. As you currently have the option of retiring in Australia, you are currently not eligible for early release of Superannuation Funds under DASP. Please also note that a request for visa cancellation made on this form can only be considered in respect of eligible temporary resident visa subclasses as defined in Schedule 1AB of the Superannuation Industry (Supervision) Regulations 1994. There is no legal power to cancel Permanent Residence Class visas on request of the visa holder.
As you hold a valid Permanent Residence Class visa you are currently not eligible for a Confirmation of Immigration Status Certification for the Departing Australia Superannuation Payment. You may however, apply for the Confirmation of Immigration Status once your permanent visa ceases on xx/xx/2014
As you do not meet the above criteria, you would not be eligible for the DASP scheme. You will need to contact your superannuation fund or the Australian Taxation Office (ATO) to enquire as to whether you are eligible for the release of your superannuation funds on other grounds as they govern the law surrounding Superannuation and Taxation policy.
