Aged 45 or more? This is Your Guide to Permanent Migration Options in Australia.

Written By Cheng Yee Phuah

It is no secret that Australia’s General Skilled Migration program favours younger applicants, especially for the points-tested visas such as the Skilled Independent (Subclass 189) visa, Skilled Nominated (Subclass 190) visa and Skilled Work Regional (Subclass 491) visa, since Australia’s migration program prioritises younger workers who can contribute to the economy for longer.

Additionally, only persons who are under the age of 45 can be invited to apply for these points-tested visas, whereas only persons who are under the age of 45 can generally apply for skilled visas such as the Employer Nomination Scheme (Subclass 186) visa and the Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa. Nonetheless, there are exceptions to this rule, and even where you are aged 45 years of older, you may still have pathways to permanent residency in Australia, depending on your circumstances.

In this Guide to your Permanent Migration Options in Australia where you are 45 years of age or older, we outline exceptions to this rule, as well as other pathways to permanent residency persons over the age of 45 years may explore.

Disclaimer: The information provided on our website or on any of our social media platforms is published for general informational purposes only and does not constitute legal advice. The information provided on our website or on any of our social media platforms about the migration regulations, policies and legislation is current as of the time it is published, and may be subject to change. Your use of the general information published on our website or our social media posts does not create a solicitor-client relationship between you and Inclusive Migration, and you should seek legal advice about your options from a legal practitioner or migration advice from a migration agent registered with the Office of the Migration Agents Registration Authority before proceeding with any application.

Employer Nomination Scheme (Subclass 186) Visa - Temporary Residence Transition stream

Subclass 482 - Subclass 186 Visa Pathway to Permanent Residency

If you have been sponsored by an employer to work for them in Australia on a Temporary Work (Skilled) (Subclass 457) visa, Temporary Skill Shortage (Subclass 482) visa or Skills in Demand (Subclass 482) visa, and you have worked on this visa for at least two (2) out of the last three (3) years, your employer may still nominate you for a permanent Employer Nomination Scheme (Subclass 186) visa in the Temporary Residence Transition stream even where you are 45 years of age or older, if you are:

  • an academic applicant nominated in one of the following occupations -

    • ANZSCO 134411 Faculty Head

    • ANZSCO 242111 University Lecturer

  • a Legacy Temporary Work (Subclass 457) visa holder 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.

  • a regional medical practitioner applicant 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.

  • a Science applicant who is -

    • 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.

  • a Temporary Work (Subclass 457) visa holder 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.

  • a Temporary Skill Shortage (Subclass 482) visa holder 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 greater 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.

  • a Transitional Temporary Work (Subclass 457) visa holder 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.

Employer Nomination Scheme (Subclass 186) Visa - Direct Entry stream

Even where you are 45 years of age or older, your employer may still nominate you for a permanent Employer Nomination Scheme (Subclass 186) visa in the Direct Entry stream where you are:

  • an academic applicant nominated in one of the following occupations -

    • ANZSCO 134411 Faculty Head

    • ANZSCO 242111 University Lecturer

  • a Science applicant who is -

    • 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.

  • a Subclass 444 visa holder (i.e. New Zealand citizen) 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.

  • a Subclass 461 visa holder (i.e. current or former member of the family unit of a New Zealand citizen) 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 461 visa.

Employer Nomination Scheme (Subclass 186) Visa - Labour Agreement stream

Certain labour agreements, which are work agreements executed between an Australian business and the Australian Government, allow for sponsored employees who are 45 years of age or older (generally up to 55 years of age) to still transition to permanent residency through the Employer Nomination Scheme (Subclass 186) visa in the Labour Agreement stream, usually where they have worked for their sponsoring employer for a requisite period of time on a Subclass 482 visa.

There are many different types of labour agreements which may contain this age concession, including:

Skilled Employer Sponsored Regional (Provisional) (Subclass 494) Visa - Employer Sponsored stream

Even where you are 45 years of age or older, your employer may still nominate you for a 5-year Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa in the Employer Sponsored stream where you are:

  • an academic applicant nominated in one of the following occupations -

    • ANZSCO 134411 Faculty Head

    • ANZSCO 242111 University Lecturer

  • a regional medical practitioner applicant 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.

  • a Science applicant who is -

    • 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.

  • a Temporary Work (Subclass 457) visa holder 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.

  • a Temporary Skill Shortage (Subclass 482) visa holder 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 greater 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.

    a Subclass 444 visa holder (i.e. New Zealand citizen) 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.

  • a Subclass 461 visa holder (i.e. current or former member of the family unit of a New Zealand citizen) 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 461 visa.

The Subclass 494 visa is granted for a period of 5 years, and Subclass 494 visa holders are generally able to apply for a Permanent Residence (Skilled Regional) (Subclass 191) visa after they have lived and worked in a designated regional part of Australia for at least three (3) years.

Skilled Employer Sponsored Regional (Provisional) (Subclass 494) Visa - Labour Agreement stream

Certain labour agreements, which are work agreements executed between an Australian business and the Australian Government, allow for an employer to sponsor employees who are 45 years of age or older (generally up to 55 years of age).

There are many different types of labour agreements which may be available for the Subclass 494 visa, and which may contain this age concession, including:

National Innovation (Subclass 858) Visa

If you have an internationally recognised record of exceptional and outstanding achievement in a profession, sport, the arts or academia & research, and are nominated by an Australian nominator who has a national reputation in the same area as you (i.e. an Australian citizen, Australian permanent resident, eligible New Zealand citizen or an Australian organisation), you may be eligible for the National Innovation (Subclass 858) visa which does not have an age limit.

On the other hand, if you are 55 years of age or older at the time you apply for a National Innovation (Subclass 858) visa, you must demonstrate that you are of exceptional benefit to the Australian community, and that this exceptional benefit will be ongoing, sustained and realised shortly after your migration to Australia.

The Australian State or Territory Governments may soon be releasing information on their selection criteria for persons they may be nominating for the National Innovation (Subclass 858) Visa, which would generally align with each state or territory government’s economic needs.

Partner (Subclass 820/801) Visas or Partner (Subclass 309/100) Visas

If you are in a spousal or de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you may be eligible for Partner (Subclass 820/801) visas or Partner (Subclass 309/100) visas, which do not have an age limit (with the exception of secondary applicants who are included in your Partner visa application).

Check out our free guides about Partner Visas in Australia:

Parent Visas

Parent (Subclass 103) Visa, Aged Parent (Subclass 804) Visa, Contributory Parent (Subclass 173/143) Visas, Aged Contributory Parent (Subclass 884/864) Visas

If you have a child who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is settled in Australia, and you meet the balance of family test, you may be eligible for one of the Parent visas. The Parent (Subclass 103) Visa, Contributory Parent (Subclass 173) Visa and Contributory Parent (Subclass 143) Visas do not have an age limit, whereas you must generally be around 67 years of of age or older (depending on when you were born) to apply for an Aged Parent (Subclass 804) visa, Aged Contributory Parent (Subclass 884) visa or Aged Contributory Parent (Subclass 864) visa.

The Parent (Subclass 103) visa, Aged Parent (Subclass 804) visa, Contributory Parent (Subclass 143) visa and Aged Contributory Parent (Subclass 864) visas are permanent residency visas, whereas the Contributory Parent (Subclass 173) visa and the Aged Contributory Parent (Subclass 884) visas are temporary/provisional visas which provide you with a pathway to permanent residency through the Contributory Parent (Subclass 143) visa and Aged Contributory Parent (Subclass 864) visa, respectively.

On the other hand, many Parent visas have an exceptionally long waiting period (up to 14 years for Contributory Parent visas and 31 years for other Parent & Aged Parent visas), so it is important to seek legal advice about the right Parent visa to apply for, and about any other options you may have in the intervening time. For more information, check out Your Ultimate Parent Visa Guide.

Aged Dependent Relative Visa

Aged Dependent Relative (Subclass 114) Visa or Aged Dependent Relative (Subclass 838) Visa

If you are at least around 67 years of of age or older (depending on when you were born), do not have a spouse/de facto partner and are dependent on an “Australian relative” for your basic needs like food, shelter and clothing for at least three (3) years before you apply for this visa, you may be eligible for an Aged Dependent Relative (Subclass 114) visa or Aged Dependent Relative (Subclass 838) Visa.

“Australian relative” includes a child, stepchild, parent, sibling, step-sibling, grandparent, step-grandparent, grandchild, step-grandchild, aunt, step-aunt, uncle, step-uncle niece, step-niece, nephew or step-nephew who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is settled in Australia.

Remaining Relative Visa

Remaining Relative (Subclass 115) Visa or Remaining Relative (Subclass 835) Visa

If you do not have other near relatives (parent, step-parent, partner’s parent/step-parent, sibling, stepsibling, child or step-child who is 18 or older and not dependent on you, child or step-child who is under 18 and not in your or your partner’s daily care and control) living outside of Australia and are sponsored by a parent, step-parent, sibling, step-sibling or their spouse/de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen settled in Australia, you may be eligible for a Remaining Relative (Subclass 115) visa or Remaining Relative (Subclass 835) visa.

Having a near relative who lives in Australia on a temporary visa (other than an Eligible New Zealand citizen who holds a Subclass 444 visa) or unlawfully, will mean that you are ineligible for a Remaining Relative (Subclass 115) visa or Remaining Relative (Subclass 835) visa.

Carer Visa

Carer (Subclass 116) Visa or Carer (Subclass 836) Visa

If you will be providing ongoing substantial care and support to a sponsoring Australian relative (or the sponsoring relative’s family member) with a medical condition, you may be eligible for a Carer (Subclass 116) visa or Carer (Subclass 836) Visa.

The person who requires care must have a medical condition causing physical, intellectual or sensory impairment of the ability of that person to attend to the practical aspects of daily life, and must also have a certificate from Bupa Medical Visa Services confirming an impairment rating of at least 30.

“Australian relative” includes a spouse, de facto partner, child, stepchild, parent, sibling, step-sibling, grandparent, step-grandparent, grandchild, step-grandchild, aunt, step-aunt, uncle, step-uncle niece, step-niece, nephew or step-nephew who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is settled in Australia.

Need help with working out your migration options in Australia?

Our immigration lawyers at Inclusive Migration have extensive experience in advising prospective migrants to Australia about their migration options in Australia, including assisting them with complex immigration matters. Should you wish to discuss your migration visa options in Australia, please email info@inclusivemigration.com.au, submit an enquiry using the contact form on our website or send us a message on WhatsApp.

Cheng Yee Phuah
Previous

Complex Partner Visa Applications: What happens if the Department does not believe that you are in a genuine relationship?
Next

Your Student Visa Guide