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Claiming back Super on a permanent resident via

Claiming back Super on a permanent resident via

Old Aug 14th 2015, 8:50 am
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Default Claiming back Super on a permanent resident via

Hi was wondering if anybody on a GSM175 visa has returned to the UK permanently and managed to access their super? I was in Australia for 18 months but have no intention of going back (and legally I think I would need to apply for a visitor visa if I was to travel out). I was never a citizen or held permanent residency, only held the visa. Thanks in advance
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Old Aug 14th 2015, 11:17 pm
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Default Re: Claiming back Super on a permanent resident via

Originally Posted by NELBHOY View Post
Hi was wondering if anybody on a GSM175 visa has returned to the UK permanently and managed to access their super? I was in Australia for 18 months but have no intention of going back (and legally I think I would need to apply for a visitor visa if I was to travel out). I was never a citizen or held permanent residency, only held the visa. Thanks in advance
If you were in Australia on a 175, you held permanent residency if you think you weren't PR, what visa were you actually on?
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Old Aug 15th 2015, 4:52 am
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Default Re: Claiming back Super on a permanent resident via

Originally Posted by NELBHOY View Post
Hi was wondering if anybody on a GSM175 visa has returned to the UK permanently and managed to access their super? I was in Australia for 18 months but have no intention of going back (and legally I think I would need to apply for a visitor visa if I was to travel out). I was never a citizen or held permanent residency, only held the visa. Thanks in advance
It's my understand that holders of a permanent resident visa cannot get a Departing Australia Superannuation Payment
https://www.ato.gov.au/Forms/Applyin...super-payment/

You can only access your super when you meet one of the conditions of release, applicable to all Australian citizens/permanent residents. Most people can only access their super when they reach their 'preservation age'.
Early Release of Superannuation - Department of Human Services

Last edited by spouse of scouse; Aug 15th 2015 at 4:56 am.
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Old Aug 16th 2015, 9:10 pm
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Default Re: Claiming back Super on a permanent resident via

Originally Posted by Pollyana View Post
If you were in Australia on a 175, you held permanent residency if you think you weren't PR, what visa were you actually on?
I only held a permanent residency visa, I wasn't a permanent resident as I understand it. If I opted to travel out of Australia and then back I was required to apply for a resident return visa.
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Old Aug 17th 2015, 7:06 am
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Default Re: Claiming back Super on a permanent resident via

Originally Posted by NELBHOY View Post
I only held a permanent residency visa, I wasn't a permanent resident as I understand it. If I opted to travel out of Australia and then back I was required to apply for a resident return visa.
That just means the travel portion of your PR visa had expired. If you were granted a 175 and were in Australia as a holder of that visa then you were here as a permanent resident (- and if you wished to come back in the near future you could do so by applying for a RRV offshore).
Looking at your previous posts, yes, you were here as a permanent resident.
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Old Aug 17th 2015, 8:03 am
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Default Re: Claiming back Super on a permanent resident via

Originally Posted by Pollyana View Post
That just means the travel portion of your PR visa had expired. If you were granted a 175 and were in Australia as a holder of that visa then you were here as a permanent resident (- and if you wished to come back in the near future you could do so by applying for a RRV offshore).
Looking at your previous posts, yes, you were here as a permanent resident.
Ok Polly thanks. I thought that route would be closed as I was over 45
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Old Aug 17th 2015, 10:40 am
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Default Re: Claiming back Super on a permanent resident via

Originally Posted by NELBHOY View Post
Ok Polly thanks. I thought that route would be closed as I was over 45
Not necessarily.
You hold a PR visa (so you're a permanent resident) and even if you were here for less than the 2 years needed for a full 5 year RRV you might still qualify for a shorter one if you could show you had ties to the country, job offer etc.

However, if you are going to pursue the route of trying to claim your super reports from people who have investigated it in the past have said that the first step is to actually cancel your PR visa, so that shows you have no intent to return.

Several posters have raised the question of claiming their super in the past but I don't think anyone has ever come back with confirmation that they have been successful. Best suggestion I can come up with is to try someone like Alan Collett (Go Matilda) who is up on tax and finance in both countries - he may know if its possible.
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