If you’re an employer in Australia, the migration system can feel overwhelming, especially when it comes to sponsoring skilled workers. A common concern is the age limit of 45 years for applicants. Thankfully, there are age exemptions that allow workers over 45 to apply. Knowing how these work can help you secure the skilled staff your business needs.
What Is the Subclass 186 Visa?
The Subclass 186 visa lets Australian employers sponsor skilled workers for permanent residency. It has three options:
- Temporary Residence Transition (TRT) Stream – For workers already employed by your business on a 482 or 457 visa.
- Direct Entry (DE) Stream – For workers who meet skill and experience requirements but haven’t worked with your business before.
- Labour Agreement Stream – For workers sponsored under a special agreement between your business and the Australian Government.
While most applicants must be under 45 years, there are exceptions for some workers. Let’s break them down.
Who Can Apply Over 45?
1. Legacy 457 Visa Holders (TRT Stream Only)
Workers who held or applied for a 457 visa on or before 18 April 2017 and have stayed on valid visas since can apply even if they’re over 45. This is great for retaining long-term employees sponsored before the rules changed.
2. High-Income Earners
If your worker earns at least AUD $175,000 per year for three consecutive years, they’re exempt from the age limit. This applies to top-performing employees who add significant value to your business.
3. Academic or Research Workers
Employees working as:
- Academics at an Australian university, or
- Scientific researchers at a recognised research institution.
These roles have no age limit.
4. Medical Practitioners in Regional Areas
Doctors who have worked in regional Australia for three years immediately before applying can qualify for an exemption. This helps fill critical healthcare gaps in regional areas.
5. Labour Agreements
If your business operates under a Labour Agreement or a Designated Area Migration Agreement (DAMA) with age concessions, workers over 45 may still qualify. DAMAs are specific to regions and industries and offer more flexibility.
6. Exceptional Circumstances
In rare cases, exemptions may apply if a worker makes significant contributions to Australia’s economy or has critical skills in high demand. This requires strong evidence and approval by the government.
What Does This Mean for Employers?
Age exemptions give you the chance to:
- Keep Long-Term Workers: Retain skilled employees who have been with your business for years.
- Hire Specialized Talent: Recruit experts in high-income, academic, or medical fields.
- Support Regional Growth: Fill skill gaps in regional areas, especially in industries like healthcare.
- Use Labour Agreements: Access flexible rules for sponsoring workers if your business has a Labour Agreement.
If you need help or have questions about sponsoring workers, reach out to us for expert advice.