Self-employment financials/visa refusal

Just doing a bit of Googling of ‘super animation funds’ in Australia.

It looks like, by law, the earliest you can access it is at least age 55.

However, it may be accessed early in the following situations:

- Incapacity - if you suffer permanent or temporary incapacity
- Severe financial hardship - if you have received Commonwealth benefits for 26 continuous weeks but are still unable to meet immediate living expenses
- Compassionate grounds - to pay for medical treatment if you are seriously ill
- Terminal medical condition - if you have a terminal illness or injury likely to result in death within 2 years, as certified by two registered medical practitioners, at least one of whom is a specialist.

BUT it also says:

You may also be able to access your super early if you are permanently leaving Australia or if you have less than $200 in your super account. Go to the Australian Taxation Office's individuals' superannuation webpage and select the 'receiving benefits' option

From this page:
https://www.moneysmart.gov.au/superannuation-and-retirement/how-super-works/getting-your-super


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Just doing a bit of Googling of ‘super animation funds’ in Australia.

It looks like, by law, the earliest you can access it is at least age 55.

However, it may be accessed early in the following situations:

- Incapacity - if you suffer permanent or temporary incapacity
- Severe financial hardship - if you have received Commonwealth benefits for 26 continuous weeks but are still unable to meet immediate living expenses
- Compassionate grounds - to pay for medical treatment if you are seriously ill
- Terminal medical condition - if you have a terminal illness or injury likely to result in death within 2 years, as certified by two registered medical practitioners, at least one of whom is a specialist.

BUT it also says:

You may also be able to access your super early if you are permanently leaving Australia or if you have less than $200 in your super account. Go to the Australian Taxation Office's individuals' superannuation webpage and select the 'receiving benefits' option

From this page:
https://www.moneysmart.gov.au/superannuation-and-retirement/how-super-works/getting-your-super


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Yes, my husband mentioned the permanently leaving part, but he doesn't think we qualify, even though we've rented a house in the UK. I've told him that he doesn't actually have to move funds, just have the ability to do so. Is this correct?

Yes, my husband mentioned the permanently leaving part, but he doesn't think we qualify, even though we've rented a house in the UK. I've told him that he doesn't actually have to move funds, just have the ability to do so. Is this correct?

That's correct.

He needs to show evidence of the funds in the account along with a letter from the company stating how much is in the account, how long it's been held for and confirming that it at least £29,890 of it can be immediately withdrawn (either with a penalty or without).

He doesn't actually have to withdraw any of it, he just needs to show that he COULD withdraw it at any time if he needed to.

That's correct.

He needs to show evidence of the funds in the account along with a letter from the company stating how much is in the account, how long it's been held for and confirming that it at least £29,890 of it can be immediately withdrawn (either with a penalty or without).

He doesn't actually have to withdraw any of it, he just needs to show that he COULD withdraw it at any time if he needed to.

When we applied, the paperwork for this pension was in the packet, which included the total of the fund. They still refused us. Is it because we didn't point this out specifically and apply through cash savings?

When we applied, the paperwork for this pension was in the packet, which included the total of the fund. They still refused us. Is it because we didn't point this out specifically and apply through cash savings?

Yes, because you did not apply under Category D: Cash Savings.

They will only look at the evidence corresponding to the categories you filled out in Appendix 2.

They refused you because you applied under Category F: Self-employment income and you did not provide all the required documents to show you met the requirement.

It's a tick-box visa - there's no personal opinion or leeway involved.

They will have analysed it something like this:

What Categories are they applying under? Cat E and Cat F

Go to Cat E
- have they included evidence of the pension income? Yes - tick the box
- have they included a bank statement showing the pension being paid into their account? Yes - tick the box

Do they meet Cat E? Yes - tick the box

Go to Cat F
- can I tick every box to show they included every single document on the list?  No

Do they meet Cat F? No

VISA REFUSED

Yes, because you did not apply under Category D: Cash Savings.

They will only look at the evidence corresponding to the categories you filled out in Appendix 2.

They refused you because you applied under Category F: Self-employment income and you did not provide all the required documents to show you met the requirement.

It's a tick-box visa - there's no personal opinion or leeway involved.

They will have analysed it something like this:

What Categories are they applying under? Cat E and Cat F

Go to Cat E
- have they included evidence of the pension income? Yes - tick the box
- have they included a bank statement showing the pension being paid into their account? Yes - tick the box

Do they meet Cat E? Yes - tick the box

Go to Cat F
- can I tick every box to show they included every single document on the list?  No

Do they meet Cat F? No

VISA REFUSED

Yes, okay. I realize it's not personal on their side (even if it's gut-wrenching for me). My husband's going to check with his advisor to see about the possibility of a letter with the details you suggested. Thanks for talking me through it!

Here's the list of what my husband's financial advisor said about superannuations:

"The regulations that allowed people departing Australia permanently to access their superannuation were changed quite some time ago. Now, it's necessary to meet a condition of release to access your superannuation and permanently living overseas is not a condition of release. Your preservation age is 55. From the age of 55 until reaching the age of 60, to access your superannuation you must declare (by way of a statutory declaration) that you are permanently retired and have no intention of returning to the workforce (at least for no more than 10 hours each week). After reaching the age of 60, you can either declare that you are permanently retired or leave an employer who has contributed to the superannuation fund. Once you reach the age of 65, you are at liberty to withdraw your superannuation without concern about employment status."

Regulations are due for review again in November, so that might change something in our favor. My husband keeps hoping for a Standard Visitor visa and some time to get more contracts going with the university.

My husband is coming on Friday (almost 4 months apart!). After a quick trip this weekend, we're going to look through our paperwork, see what's missing and/or unclear, and make the decision of what to do next.

Does another backlog come at holiday time?

My husband is coming on Friday (almost 4 months apart!). After a quick trip this weekend, we're going to look through our paperwork, see what's missing and/or unclear, and make the decision of what to do next.

That’s good .

Does another backlog come at holiday time?

It does get busier from around mid-late November as people try to get their visas in time for Christmas, but it’s usually nothing like the summer backlog. The best/quickest times of year to apply are usually either right now (October/early November) or January/February.



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That’s good .


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Yes! People have been coming out of the woodwork to help us, both here and in the UK (and you all, thankfully). We'll get past this!