Employer Nomination Scheme (Subclass 186) visa: Who is exempt from the requirement to be under 45 years old?
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You may have heard that only persons under 45 years of age are able to apply for an Employer Nomination Scheme (Subclass 186) visa. While this is generally true, certain applicants are exempt from meeting this age requirement.
Are you 45 years of age or older and wanting to know if you are still eligible for permanent residency through the Employer Nomination Scheme (Subclass 186) visa program? In this guide, we summarise all exemptions from the age requirement for the Subclass 186 visa.
Exemptions from age requirements
The following persons are exempt from the requirement to be under 45 years of age at the time of application in the Temporary Residence Transition stream of the Subclass 186 visa:
Academic applicants nominated in the following occupations -
ANZSCO 134411 Faculty Head
ANZSCO 242111 University Lecturer
Legacy Temporary Work (Subclass 457) visa holders who -
held a Subclass 457 visa on or after 18 April 2017;
were in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and
applied for the Subclass 186 visa on or before 30 June 2024.
Regional medical practitioner applicants where -
the nominated position is located in a designated regional area;
the nominee has been employed as a medical practitioner in a designated regional area for at least 2 out of the last 3 years (whether made up of a continuous period or for 2 or more non-consecutive periods); and
during the 3 years immediately before the Subclass 186 visa application is lodged, the person held one or more of the following visas for at least 2 years:
a Subclass 457 visa;
a Subclass 482 visa; or
a Bridging visa in association with a Subclass 457 visa application, a Subclass 482 visa application, a Subclass 186 visa application or a Subclass 187 visa application.
Science applicants who are -
any of the following relating to science;
researcher
scientist
technical specialist
nominated by a science organisation (i.e. a science agency of the Commonwealth or of a State or Territory, or an Australian university); and
nominated in an ANZSCO Skill Level 1 or 2 occupation.
Temporary Work (Subclass 457) visa holders who -
during the 3 years immediately before the Subclass 186 visa application is lodged, the person was employed for at least 2 years on a Subclass 457 visa;
for each of those 2 years, the person’s earnings for the year were equal to or grater than the Fair Work High Income Threshold; and
during the 3 years immediately before the Subclass 186 visa application is lodged, the person held one or more of the following visas for at least 2 years:
a Subclass 457 visa;
a Subclass 482 visa; or
a Bridging visa in association with a Subclass 457 visa application, a Subclass 482 visa application, a Subclass 186 visa application or a Subclass 187 visa application.
Temporary Skill Shortage (Subclass 482) visa holders who -
during the 3 years immediately before the Subclass 186 visa application is lodged, the person was employed for at least 2 years on a Subclass 457 visa;
for each of those 2 years, the person’s earnings for the year were equal to or grater than the Fair Work High Income Threshold; and
during the 3 years immediately before the Subclass 186 visa application is lodged, the person held one or more of the following visas for at least 2 years:
a Subclass 457 visa;
a Subclass 482 visa; or
a Bridging visa in association with a Subclass 457 visa application, a Subclass 482 visa application, a Subclass 186 visa application or a Subclass 187 visa application.
Transitional Temporary Work (Subclass 457) visa holders under 50 years of age who -
on 18 April 2017, held a Subclass 457 visa or were an applicant for a Subclass 457 visa which was subsequently granted; and
on the day of applying for the Subclass 186 visa have not turned 50 years of age.
The following persons are exempt from the requirement to be under 45 years of age in the Direct Entry stream of the Subclass 186 visa:
Academic applicants nominated in the following occupations -
ANZSCO 134411 Faculty Head
ANZSCO 242111 University Lecturer
Science applicants who are -
any of the following relating to science;
researcher
scientist
technical specialist
nominated by a science organisation (i.e. a science agency of the Commonwealth or of a State or Territory, or an Australian university); and
nominated in an ANZSCO Skill Level 1 or 2 occupation.
Subclass 444 visa holders who -
during the 3 years immediately before the Subclass 186 visa application is lodged, the person spent at least 2 years (whether made up of a continuous period or 2 or more non-consecutive periods) working for the nominating employer and in the nominated occupation to which the Subclass 186 visa application relates; and
at all times during those 3 years, the person held a Subclass 444 visa.
Subclass 461 visa holders
during the 3 years immediately before the Subclass 186 visa application is lodged, the person spent at least 2 years (whether made up of a continuous period or 2 or more non-consecutive periods) working for the nominating employer and in the nominated occupation to which the Subclass 186 visa application relates; and
at all times during those 3 years, the person held a Subclass 461 visa.
Other age exemptions may also exist in the Labour Agreement stream on a case by case basis, subject to the individual Labour Agreement that applies to the particular nominating employer and nominated occupation. For instance, religious workers who are nominated under a Minister of Religion Labour Agreement may be up to 60 years of age at the time of lodging their Subclass 186 visa application.
Our immigration lawyers at Inclusive Migration have extensive experience in advising prospective migrants to Australia about their employer-sponsored and skilled migration options in Australia. Should you wish to discuss your current employer-sponsored and/or general skilled migration visa options, please email info@inclusivemigration.com.au or submit an enquiry using the contact form on our website.
