Accessing Superannuation Benefits – Former Temporary Residents

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This information provides details of the services that we deliver in support of the Departing Australia Superannuation Payments scheme which is administered by the Australian Taxation Office (ATO).

About the Departing Australia Superannuation Payments scheme

The Departing Australia Superannuation Payments scheme allows certain eligible people to request payment of superannuation benefits accrued while they were in Australia. The eligibility requirements are set out in the Superannuation Industry (Supervision) Regulations 1994.

If you accumulated superannuation while in Australia as a holder of a Temporary Resident visa, you are eligible to claim a Departing Australia Superannuation Payment if you meet all of the following requirements:

  • you have left Australia
  • you have previously been a Temporary Resident in Australia
  • the Temporary Resident visa that you held while you were in Australia can no longer be used (that is, it has expired or it has been cancelled by us).
  • you are not an Australian citizen, an Australian permanent resident or a New Zealand citizen.

If you are an Australian Citizen, an Australian Permanent Resident, a New Zealand Citizen or for some other reason have an option of retiring in Australia and have access to the age pension, then you will generally not be eligible for payment of your superannuation benefits until you have reached retirement age.

If you held a subclass 405 or a subclass 410 visa

If the Temporary Resident visa that you held while you were in Australia was a subclass 405 (Investor Retirement) visa or a subclass 410 (Retirement) visa, you should contact the Australian Taxation Office to find out whether you can claim any superannuation benefits accrued during your time in Australia.
See: Individual Superannuation – home

How to claim a Departing Australia Superannuation Payment

Applications for Departing Australian Superannuation payment claims can either be lodged:

  • online with the Australian Taxation Office
  • paper applications submitted to your superannuation fund.

The online service provided by the Australian Taxation Office is a free service which includes online verification of your immigration status with us to confirm that your Temporary Resident visa has ceased to in effect and that you have left Australia.

Alternatively, a paper application form is available from the Australian Taxation Office which is to be submitted directly with your superannuation fund. With the paper application for a Departing Australia Superannuation Payment claim, you will be required to provide evidence which confirms that your Temporary Resident visa is no longer in effect and that you have left Australia.

For more information about eligibility and how to apply for a Departing Australia Superannuation Payment, please visit the Australian Taxation Office website.
See: Individual Superannuation – home

Role of the department in the Departing Australia Superannuation Payments scheme

In order to claim a Departing Australia Superannuation Payment, we can assist you in two ways:

  • cancel your Temporary Resident visa (at your request) and/or
  • provide a Certification of Immigration Status to your superannuation fund.

These services are requested by completing the relevant sections in Form 1194 Certification of immigration status and/or request to cancel a Temporary Resident visa.

Requesting cancellation of your Temporary Resident visa

If your Temporary Resident visa has not yet ceased but you have left Australia and you know that you will not be returning to Australia, you can formally request the department to cancel your visa. The department will only consider a request to cancel your Temporary Resident visa for Departing Australia Superannuation Payments claim purposes.

To request a visa cancellation, please complete the relevant sections of Form 1194 Certification of immigration status and/or request to cancel a Temporary Resident visa. There is no fee for requesting visa cancellation.

Visa cancellation consequences

It is important that you are outside Australia when your visa is cancelled because there are consequences for people whose visas are cancelled while they are in Australia, including legal restrictions on the ability to apply, in Australia, for other visas. Once a visa is cancelled, a person who is in Australia would become an 'unlawful non-citizen' and may be subject to detention and removal from Australia.

If you are outside Australia when your Temporary Resident visa is cancelled, you cannot use that visa to travel to Australia. If you want to return to Australia, you will have to apply for another visa and be assessed against the legislation and policy that apply at that time.

If any person, such as your spouse, partner or children, was granted a Temporary Resident visa only because you were granted a Temporary Resident visa, their visa(s) must be cancelled at the same time that your visa is cancelled. Form 1194 asks you to provide their details as well as your own.

Requesting Certification of Immigration Status

Requests from us for Certification of Immigration Status are generally only required where a person seeks to lodge a paper application with their superannuation fund to claim their Departing Australia Superannuation Payment. Certification of Immigration Status is not required if the Australian Taxation Office free online service is used to claim a Departing Australia Superannuation Payment.

If you intend to lodge a paper application claim with your superannuation fund and your superannuation withdrawal benefit is AUD5000 or more, your superannuation fund requires you to provide a Certification of Immigration Status from us as evidence that your Temporary Resident visa has ceased to be in effect and that you have left Australia.

The Certification of Immigration Status can be requested by completing Form 1194 Certification of immigration status and/or request to cancel a Temporary Resident visa. Each person who wishes to request a Certification of Immigration Status must complete a separate form. There is a charge for the request for Certification of Immigration Status.
See:
Form 1194 Certification of immigration status (298KB PDF file)
Fees & Charges – Certificates of Status

For paper lodged applications where your superannuation withdrawal benefit is less than AUD5000 you can provide your own evidence to your superannuation fund confirming that your Temporary Resident visa is no longer in effect (ceased/cancelled) and that you have left Australia. This evidence would generally include either a copy of your visa grant notification letter or a copy of your visa label or visa cancellation advice from us as well as a copy of your passport showing that you have left Australia.

From 1 December 2012, visa holders departing Australia will not receive a departure stamp in their passports. For Departing Australia Superannuation Payment purposes, if you do not have a departure stamp in your passport, it may be more convenient to use the Australian Taxation Office free online service as your departure details are confirmed online . If you prefer to lodge a paper application and you do not have a departure stamp in your passport, you can request a Certification of Immigration Status from us to verify your departure details by completing Form 1194 Certification of immigrationstatus and/or request to cancel a Temporary Resident visa.

Where to send Form 1194

Once you have completed Form 1194 requesting visa cancellation and/or Certification of Immigration Status, send the form to us.
Email: Super.hobart@immi.gov.au
Post:
Certification of Immigration Status
Department of Immigration and Citizenship
GPO Box 1496
Hobart Tas. 7001
Fax: +61 3 6281 9453

You will receive notification from us of your requested visa cancellation.

We will send your Certification of Immigration Status by email to your nominated superannuation fund.

Please do not send your Australian Taxation Office form Request for Departing Superannuation Payment – Temporary Resident to us as this form must be sent to your superannuation fund. If received by us, this form will be returned to the sender.

Not sure if you have superannuation money in Australia?

If you are not sure whether you may have money in a superannuation fund in Australia, the Australian Taxation Office has a tool called 'SuperSeeker' that can help you to search for this.
See: SuperSeeker

More information

If you need more information about the Departing Australia Superannuation Payment scheme, please visit the Australian Taxation Office.
See: ATO

If you need more information about applying for Certification of Immigration Status or about requesting cancellation of your Temporary Resident visa, please contact us.
See: Hobart Superannuation Processing Centre

Last reviewed Wednesday 27 August 2014