29 October 2019
Leaving Australia and Accessing Superannuation Contributions
Temporary visa holders who have left the employment of their sponsor, often contact us to ask if there is anything they need to do.
From an immigration point of view, the onus is on the sponsor to notify the Department of Home Affairs within 28 days of the visa holder ceasing employment. This is a legal requirement as part of the employer’s sponsorship obligations. Ajuria Lawyers is able to provide this notification to the Department on the employer’s behalf.
However, this notification does not automatically result in cancellation of the 457/TSS visa.
Visa holders who have left Australia permanently and wish to access their superannuation funds in an Australian account must wait for their visa to be cancelled, or request that the Department of Home Affairs cancel their visa quickly. Ajuria Lawyers is also able to assist with this, otherwise, the individuals are able to create an ‘ImmiAccount’ and ask for their own visa cancellation, or download a Form 1194 and email it to email@example.com
Once the visa cancellation is confirmed, the individual may apply online to the ATO to access super here.
DISCLAIMER This information is current as of 29 October 2019 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.