The Subclass 186 (Employer Nomination Scheme) visa generally requires applicants to be under 45. Applicants over 45 may still be eligible for the Subclass 186 (Employer Nomination Scheme) visa, as age exemptions are available under both the Temporary Residence Transition (TRT) and Direct Entry streams. Meeting all other ENS criteria remains essential.
Age Exemptions in the 186 Temporary Residence Transition (TRT) Stream
The TRT stream is for subclass 457 or 482 visa holders who, while holding that visa, have worked in the position nominated by their employer for a total period of a least 2 years out of the 3 years, and their employer wants to offer them a permanent position.
Age exemptions often apply to:
- Academic applicantsin eligible university roles.
- Legacy 457 workers:Those who held a Subclass 457 visa on or after 18 April 2017 and were in Australia for at least 12 months between 1 Feb 2020 and 14 Dec 2021 and have applied for the 186 visa on or before 30 June 2024 (have no age limit).
- Transitional 457 workers:For persons who held or were applicants for a Subclass 457 visa on or before 18 April 2017, and that visa was subsequently granted, applicants can apply for a 186 TRT visa before they turn 50 years old.
- Subclass 457/482 workers earning above the Fair Work High Income Threshold for 2 of the last 3 years in your nominated occupation.
- Regional medical practitioners with 2 years of work in a Designated Regional Area on a Subclass 457 or 482 visa.
- Science applicants nominated by a relevant science organisation or university (ANZSCO skill level 1 or 2).
Age Exemptions in the 186 Direct Entry Stream
The 186 DE stream allows employers to hire overseas workers with 3 years of post-qualification experience and a skills assessment. Age exemptions can apply to:
- Academic applicantsin eligible university roles.
- Science applicantsnominated by a relevant science organisation or university (ANZSCO skill level 1 or 2).
- Subclass 444/461 visa holders who have worked for their nominating employer in their nominated occupation for at least 2 of the last 3 years.
How Nevett Ford Lawyers Can Assist
If you are over 45 or wish to sponsor someone above this age, our team at Nevett Ford Lawyers can evaluate your eligibility for age exemptions under the Subclass 186 visa.
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Nevett Ford Lawyers Melbourne
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Email: melbourne@nevettford.com.au
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