Quite often, former employees of our clients query why their 457 visa was not cancelled when they left the country permanently. This is important to them because as long as their visa is still valid, they are not able to apply for a “Departing Australia Superannuation Payment” from their superannuation fund*.
Notification of cessation of employment vs.
Voluntary request for cancellation
When an employer notifies regarding a cessation of employment of a 457/TSS visa holder, this does not automatically initiate cancellation as the visa holder is permitted 60 days (90 days for 457 visas granted before 19 November 2016) to remain in Australia to find a new sponsor or obtain a new visa. It is for this reason that cancellations usually do not usually happen for some time.
We can make a voluntary request for cancellation at the same time as we advise the Department of a cessation if we are instructed to do so by the visa holder. This assumes that the visa holder has already departed Australia.
Alternatively, we can provide instructions to visa holders so that they can take steps to ensure their visa is cancelled at the appropriate time.
Voluntary visa cancellation is not an issue for 457/TSS visa holders who commence employment with a new Australian sponsor and plan to remain in Australia.
* Departing Australian Superannuation Payment (DASP)
A former temporary resident of Australia can claim back their super if:
- They entered Australia on a temporary visa, and
- They have departed Australia; and
- Their visa is no longer in effect (and they do not hold any other temporary visa).
It is important to note that despite the above, the DASP is not an immigration-controlled process. Further information about the DASP can be found on the ATO’s website.
DISCLAIMER This information is current as at 13 June 2018 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.