Immigration Lawyers in Melbourne
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Age Exemption under the Employer Nomination Scheme

The Employer Nomination Scheme (subclass 186) (ENS) visa is a permanent resident visa for skilled workers. It allows Australian employers to sponsor skilled foreign workers to fill job vacancies that cannot be filled by local workers. 

One of the requirements for this visa is that the applicant must be under the age of 45 at the time of application. However, there are some exemptions to this rule that make it possible for older skilled workers to still be eligible for the visa. 

The ENS visa has two main streams: Temporary Residence Transition (TRT) and Direct Entry (DE). The age exemptions for each stream differ, so it’s important to know which one applies to you. It is also important to note that while age exemptions apply, you must still meet all other nomination and visa requirements. 

Age Exemptions for Applicants of the Temporary Residence Transition stream The TRT stream of the ENS visa is generally available to applicants who have worked for 3 years full-time whilst holding a TSS visa in the same occupation with their nominating employer. 

The following groups of individuals are exempt from the age requirement under the TRT stream: 

(a)   academic applicants;

(aa)  legacy 457 workers;

(b)   regional medical practitioner applicants;

(c)   science applicants;

(d)   Subclass 457/482 workers;

(da) Subclass 457/482 coronavirus concession workers;

(e)   transitional 457 workers under 50.

Age Exemptions for Applicants of the Direct Entry stream The DE stream of the ENS visa is generally available to applicants who have at least 3 years of post qualification work experience and a (positive) skills assessment. The 3 year employment period with the nominating employer is not required. The following groups of individuals are exempt from the age requirement under the DE stream: 

a)     Academic applicants

b)     Science applicants 

c)     Subclass 444/461 workers

The Australian government has made recent announcements regarding updates to the skilled migration program, which could potentially affect the eligibility criteria for the 186 visa. Therefore, it is advisable to obtain professional advice from a Legal Practitioner to verify the current requirements and eligibility criteria before making a visa application. This will ensure that you are aware of any changes that may impact your application.

Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019

Do any of the categories listed for age exemption apply to you?

Contact the top immigration lawyers in Melbourne on +61 3 9670 3663 or book your free consult today and we will guide you.

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