Subclass 186 Age Exemption: Over 45? You Can Still Win

Are you over 45 and thinking your chance at permanent residency through employer sponsorship is gone? Not necessarily.

The Employer Nomination Scheme (Subclass 186) visa has a general age requirement: you need to be under 45 when you apply. But there are exemptions. If you fall into one of these categories, age is not a barrier.

Two Streams, Different Rules

The Subclass 186 has two main pathways: Temporary Residence Transition (TRT) and Direct Entry (DE). The age exemptions are different for each. You need to know which stream applies to you before anything else.

TRT Stream: Who Gets the Age Exemption?

The TRT stream is for people who have worked full-time for three years on a TSS visa, in the same occupation, with the same employer who is now nominating them.

If you are in this stream, you may be exempt from the age requirement if you are:

• An academic working in research at an Australian university or research institution

• A legacy 457 holder who meets the transitional criteria

• A regional medical practitioner working in a designated regional area

• A scientist in an eligible research position

• A current or former 457/482 holder

• A 457/482 coronavirus concession worker

• A transitional 457 worker under 50

I have had clients in their late 40s and early 50s get approved because they fell into one of these categories. It happens. But you need to get it right from the start.

Direct Entry Stream: Fewer Exemptions

The Direct Entry stream works differently. You need three years of post-qualification work experience and a positive skills assessment. You do not need to have worked for your nominating employer beforehand.

Age exemptions here are more limited:

• Academic applicants

• Science applicants

• Subclass 444/461 holders (New Zealand citizens and their family members)

If you are not in one of these categories, the age requirement applies.

The Fine Print

Here is what people get wrong: they assume that qualifying for an age exemption means they automatically get the visa. It does not work that way.

You still need to meet every other requirement. The nomination needs to be valid. Your skills need to match. Your employer needs to be compliant. Age exemption just removes one barrier. It does not remove all of them.

The legislative basis for these exemptions is Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019. The government updates these instruments, so what applied last year might not apply now.

What Should You Do?

If you are over 45 and your employer wants to sponsor you, do not assume it is impossible. Check whether an exemption applies to your situation.

But also do not assume it is automatic. Get proper advice before you lodge.

If you think you might qualify for an age exemption, book a consultation and let us confirm your eligibility before you spend money on an application that might not succeed.