Age waivers for permanent employer sponsored visas

From the 1 July 2017 the age limit for Employer Nomination Scheme subclass 186 via direct entry and RSMS subclass 187 via Direct Entry was lowered from under 50 to under 45 years of age.    The age limit for those applying under the transition stream remains at under 50 years of age.   Contact our Migration Agent Perth immediately if you are looking at applying for a permanent visa and concerned about the age limit.   Further changes are due in March 2018, reducing the age limit for all applications via transition to under 45. 

 

Applicants must meet these age requirements unless they met one of the below age exemptions.

University Academics

The age exemption requirements are met if the applicant has been linked to an approved nomination from a university in Australia for a position at Academic Level of B, C, D or E as a University Lecturer (ANZSCO 242111) or Faculty Head (ANZSCO 134411)  The TRT age exemption applies only to persons nominated by a university in Australia. It does not apply to persons nominated by other higher educational institutions such as TAFE colleges or to persons nominated for non-academic positions.

The five levels within which academic occupations within the Australian higher education system are broadly classified are:

  • Level A – Assistant or Associate Lecturer, Research Fellow, Demonstrator
  • Level B – Lecturer, Lecturer B, Lecturer 1, Research Fellow
  • Level C – Fellow, Senior Lecturer, Senior Research Fellow
  • Level D – Associate Professor, Head of Department, Principal Lecturer, Principal Research Fellow, Reader, Senior Fellow, Senior Teaching Fellow
  • Level E – Dean, Head of School, Professor, Teaching Fellow.

457 Visa Holders

High income 457 visa holders employed by their nominating employer for at least 4 years can apply for the age exemption if:

  • they have been working for the nominating employer as the holder of 457 visa for at least 4 years immediately prior to applying for the visa

and

  • throughout that 4 year period, their annual earnings have been at least equivalent to the Fair Work High Income Threshold (FWHIT).

The Fair Work High Income Threshold

Since the 2009-2010 fiscal year, the FWHIT has been as follows:

  • 2009-2010: AUD 108 300
  • 2010-2011: AUD 113 800
  • 2011-2012: AUD 118 100
  • 2012-2013: AUD 123 300
  • 2013-2014: AUD 129 300
  • 2014-2015: AUD 133 000
  • 2015-2016: AUD 136 700
  • 2016-2017: AUD 138 900
  • 2017-2018: AUD 142 000.

The 4 year period is dating 4 years back from when the permanent visa application is made. Throughout that period, the visa applicant must have been working for their nominating employer as a 457 visa holder. Periods of absence (paid or unpaid) during that 4 year period may be counted, provided the applicant remained employed by the nominating employer throughout the 4 year period.

Employment with associated entities

If the nomination was approved on the basis of the visa applicant having worked as the holder of a 457 visa in the nominated position with an associated entity of the nominating employer, the period worked for the associated entity may also be counted towards the 4 year period.

In the case of associated entities where one entity was approved to be an overseas standard business sponsor, time worked for the overseas standard business sponsor can be counted in the four year work requirement with the ‘same nominating employer’

Scientist, Researcher or Technical Specialist

Age exemption requirements can be met if the applicant has been linked to an approved nomination from an Australian government scientific agency for an ANZSCO skill level 1 or 2 researcher, scientist or technical specialist position .Nine examples of ANZSCO occupations that are skill level 1 or 2 research, scientific and technical positions are:

  • Chief of Division
  • Chief Research Scientist
  • Corporate Executive (Class 1, 2, and 3)
  • Director of Institute
  • Principal Research Scientist
  • Post-doctoral Fellow
  • Research Scientist Senior
  • Principal Researcher
  • Scientist Senior Research Scientist.

The following nine entities are those identified as Australian government agencies whose employees may benefit from the age exemption:

  • CSIRO
  • ANSTO
  • The Australian Astronomical Observatory
  • The National Measurement Institute
  • IP Australia
  • Questacon
  • The Australian Institute of Marine Science
  • The Defence Science and Technology Organisation
  • The Australian Bureau of Agricultural and Resource Economics and Sciences.

Medical practitioners in regional Australia

The age exemption requirements met if:

  • the applicant:
    • is a medical practitioner and
    • holds a 457 visa and
    • has been working in their nominated occupation for at least 4 years before applying

and

  • at least 2 years of that employment was located in regional Australiaas defined in regulation 5.19(7)

and

  • the applicant’s nominated position is located in regional Australiaas defined in regulation 5.19(7).

As 457 visa holders are able to work with an associated entity of their standard business sponsor, the period worked for the associated entity may also be counted towards the 4 year period.

The occupation of medical practitioner includes all occupations in ANZSCO Minor Group 253.

DIRECT ENTRY ENS OR RSMS APPLICANTS ONLY

For Direct Entry 186 or 187 applicants, New Zealand citizens and their family members can apply over the age of 50.

The age exemption requirements met if the applicant:

  • holds a 444or 461visa and
  • has been working for their nominating employer in their nominated occupation for at least 2 years (excluding any periods of unpaid leave) in the 3 year period immediately before applying while the holder of a 444or 461

 

Ensure you obtain the right information.  Contact our Migration Agent Perth to conduct a detailed assessment of your visa options.