Temporary Visa Holders
Can You Set Up an SMSF on a Temporary Visa? | iCare SMSF Guide
If you’re living in Australia on a visa and wondering whether you can set up a Self-Managed Super Fund (SMSF), you’re not alone. At iCare SMSF, we’re often asked:
“Can I set up an SMSF while on a temporary visa like 482, 820, or 485?”
The answer depends on your visa type, tax residency, and your status under Australian superannuation law. This guide breaks it down clearly so you can plan your retirement savings with confidence.
✅ What Is an SMSF?
A Self-Managed Super Fund (SMSF) is a private super fund you manage yourself. You choose the investments, stay in control of your retirement, and have the flexibility to invest in assets like property, shares, and more.
However, setting up an SMSF comes with strict legal and residency rules, especially for people on temporary visas.
🟢 Who Can Legally Set Up an SMSF?
To set up an SMSF in Australia, you must:
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Be a member and trustee of the fund
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Not be a disqualified person
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Ensure the fund is an Australian super fund
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Pass the active member test — this is where most visa holders face restrictions
✅ Visa Types That Can Set Up an SMSF
At iCare SMSF, we’ve helped many clients successfully start their SMSF journey. The following visa holders are generally eligible:
| Visa Type | Eligible? | Notes |
|---|---|---|
| Australian Citizens | ✅ Yes | Full eligibility |
| Permanent Residents (PR) | ✅ Yes | Full eligibility |
| Subclass 820 Partner Visa | ✅ Yes | If spouse is Australian citizen or PR |
| Subclass 801 Partner Visa | ✅ Yes | Permanent visa |
| Subclass 444 (NZ Citizens) | ✅ Yes | Not classified as temporary residents under super law |
| Subclass 309 Offshore Partner | ✅ Yes | Same exemption as 820, if spouse is a citizen or PR |
Why are these visas eligible?
Because they either:
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Hold permanent residency or citizenship
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Are not considered “temporary residents” under superannuation law, particularly when partnered with an Australian citizen or PR
🟡 Visas With Limited or Risky Eligibility
Some visa holders may be eligible in exceptional cases, but must seek professional advice first:
| Visa Type | Eligible? | Risk |
|---|---|---|
| 482 TSS (Work) | ⚠️ Unlikely | May fail active member test |
| 485 Graduate Visa | ⚠️ Unlikely | Still temporary under law |
| Bridging Visas | ⚠️ Unclear | Depends on intent and spouse’s status |
You must ensure the SMSF remains a complying super fund under the residency rules — otherwise, it may be taxed at 47% of its assets.
🔴 Visas That Cannot Set Up an SMSF
The following visas do not meet the legal conditions to establish or contribute to an SMSF:
| Visa Type | Eligible? |
|---|---|
| Student Visa (Subclass 500) | ❌ No |
| Working Holiday Visas (417/462) | ❌ No |
| Tourist Visas (600, 601) | ❌ No |
| Short-term Temporary Visas | ❌ No |
These are considered temporary residents under superannuation law and cannot satisfy the active member test, a key requirement for fund compliance.
📚 Legal Framework Behind the Rules
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Income Tax Assessment Act 1997 (s295-95(2)(c)): Defines the “active member test”
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ITAA 1997 (s995-1): Defines who is a “temporary resident”
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Superannuation Industry (Supervision) Act 1993 (SIS Act): Outlines trustee duties and disqualification rules
🛡️ Why Work With iCare SMSF?
At iCare SMSF, we specialise in helping Australians — including new migrants, permanent residents, and eligible visa holders — set up and manage their SMSF with confidence. We offer:
✅ Expert legal and tax compliance guidance
✅ Residency rule checks for your visa situation
✅ Full SMSF establishment and ATO registration
✅ Ongoing SMSF admin, compliance, and reporting services
Whether you’re an 820 visa holder planning long-term or a New Zealand citizen under Subclass 444, we can assess your eligibility and help you make the right move.
📞 Talk to SMSF Experts Today
Not sure if your visa status allows you to set up an SMSF?
Contact iCare SMSF for a free eligibility assessment.
👉 Visit www.icaresmsf.com.au
📧 Email: info@icaresuper.com.au
📞 Call: 03 9557 4079