Announcements
Looking for answers? Search our popular topics or ask a new question.

ATO Community

Departing Australia Superannuation Payment

Highlighted

Newbie

Views 2689

Replies 12

Hello,
I was hoping for clarification on the permanent residency status for DASP purposes. In particular, I wanted to understand when a person is not a permanent resident?

I have a situation where a person initially came in as a 457 worker (a temporary resident visa holder). After some time, they became a permanent resident of Australia. After staying in Australian for some time as a PR, they returned back to their home country and did not renew their permanent residency. It has been 10 years since they left as a permanent resident.

My understanding is that most permanent resident visas expire after 5 years from initial grant. If the person is outside of Australia after the expiry period, they would need to apply for a Resident Return Visa to come back into Australia.

If the person is outside Australia after their original grant of PR visa and the visa has expired, can the person apply for a DASP payment as they are a former temporary resident?

It’s not clear to me whether the permanent residency, unless cancelled, remains with the person during their lifetime or does it cancel at the end of the expiry?

Thank you

1 ACCEPTED SOLUTION

Accepted Solutions
Highlighted

Most helpful response

ATO Certified Response

Community Support

Replies 11

Hi @rahulpahul,

 

Thanks for joining our Community!

 

Generally speaking Australian citizen or permanent residents need to meet certain rules to be able to assess their super, such as reaching their preservation age and retirement. However if a person left the country a long time ago and their visa has expired or been cancelled, and they are not the holder of a permanent visa, they can apply for a DASP payment. If their visa is still current they can ask the Department of Immigration and Boarder Protection to cancel it and then they would be eligible.

 

You can apply through DASP online, however if this doesn’t work for you, you can use the paper form to apply for a superannuation payment.

 

If you have further questions you can phone or Skype us from overseas on +61 2 6216 1111 between 8am - 5pm (AEDT), Monday to Friday and let the operator know you are calling from overseas to request at callback, or from within Australia phone 13 10 20 between 8am - 6pm, Monday to Friday.

 

Thanks.

12 REPLIES 12
Highlighted

Most helpful response

ATO Certified Response

Community Support

Replies 11

Hi @rahulpahul,

 

Thanks for joining our Community!

 

Generally speaking Australian citizen or permanent residents need to meet certain rules to be able to assess their super, such as reaching their preservation age and retirement. However if a person left the country a long time ago and their visa has expired or been cancelled, and they are not the holder of a permanent visa, they can apply for a DASP payment. If their visa is still current they can ask the Department of Immigration and Boarder Protection to cancel it and then they would be eligible.

 

You can apply through DASP online, however if this doesn’t work for you, you can use the paper form to apply for a superannuation payment.

 

If you have further questions you can phone or Skype us from overseas on +61 2 6216 1111 between 8am - 5pm (AEDT), Monday to Friday and let the operator know you are calling from overseas to request at callback, or from within Australia phone 13 10 20 between 8am - 6pm, Monday to Friday.

 

Thanks.

Highlighted

Newbie

Replies 10

hi.. i am sorry.  what i heard is..  once you got  Australian PR OR CITIZENSHIP.. .. and later even if you cancel your PR or Citizenship. you cannot access your super.. is it true.. please guide me.

Highlighted

Community Support

Replies 9

Hi @ranjit_08,

 

You can have a temporary resident visa and then go on to become a permanent resident (PR). If you then depart the country and your temporary resident and PR visa are cancelled, you can access your super under a Departing Australia super payment (DASP). You can complete the DASP online form or a paper form, bear in mind DASP tax rates will apply.

 

All the best.

Highlighted

Newbie

Replies 0

Hi..thank you for your response .. I did not understand properly ..
Iam permanent resident now..
can I cancel my PR.? .
if I cancel my PR can I access my super ?
After canceling PR Can I go back to my country and can I claim my super from there?
Please guide me,
Thank you
Highlighted

Community Support

Replies 7

Hi @ranjit_08,

 

If you started on a temporary visa, then switched to a permanent resident (PR) visa that is fine. If you then leave Australia and you cancel your PR visa, and your temporary visa has ceased to be in effect, then you can apply for your super under a DASP release. You can do this when you are overseas.

 

All the best.  

Highlighted

Newbie

Replies 6

hi. 

thank you very much for your help.. 

iam already  permanent resident now..

so you mean, now, i have to apply a temporary visa .... then later, again apply PR .. 

then i have to cancel my PR to get my super?.  is it what you mean? ..

thanking you

Highlighted

Community Support

Replies 5

Hi @ranjit08,

 

The information I have provided is that you would have needed to be a Temporary resident before becoming a permanent resident. If this did not occur you will not be eligible under the DASP release of Super. You can view other conditions to release your super where you may meet other eligibility requirements. 

 

All the best.

Highlighted

Newbie

Replies 4

Hi . 
thank you for response .. I came as a student , then got 2 years temporary resident and then became permanent resident.. so Iam I eligible for super .. if I cancel my PR now .. can I take my super.. 

thanking you.. 

Highlighted

Newbie

Replies 3

Hi.. as I came on student visa ( which is also a temperory visa) .. now if I cancel my PR, under which visa I will be considered? 
can I eligible for super