The Employer Nomination Scheme (subclass 186) (ENS) visa is a permanent resident visa for skilled workers. It allows Australian employers to sponsor skilled foreign workers to fill job vacancies that cannot be filled by local workers.
One of the requirements for this visa is that the applicant must be under the age of 45 at the time of application. However, there are some exemptions to this rule that make it possible for older skilled workers to still be eligible for the visa.
The ENS visa has two main streams:
- Temporary Residence Transition (TRT) and
- Direct Entry (DE)
The age exemptions for each stream differ, so it’s important to know which one applies to you. It is also important to note that while age exemptions apply, you must still meet all other nomination and visa requirements.
Age Exemptions for Applicants of the Temporary Residence Transition stream
The TRT stream of the ENS visa is generally available to applicants who have worked for 3 years full-time whilst holding a TSS visa in the same occupation with their nominating employer.
The following groups of individuals are exempt from the age requirement under the TRT stream:
- Academic applicants
- Legacy 457 workers
- Regional medical practitioner applicants
- Science applicants
- Subclass 457/482 coronavirus concession workers
- Transitional 457 workers under 50.
Age Exemptions for Applicants of the Direct Entry stream
The DE stream of the ENS visa is generally available to applicants who have at least 3 years of post qualification work experience and a (positive) skills assessment. The 3 year employment period with the nominating employer is not required.
The following groups of individuals are exempt from the age requirement under the DE stream:
- Academic applicants
- Science applicants
- Subclass 444/461 workers
Summary of the age exemption categories
Here’s what you need to know about the age exemptions for the ENS visa.
Academic applicants
An academic applicant is a person who is nominated by an Australian university in a position for an academic classified as Level A, B, C, D, or E. In addition, the nominated occupation must be either Faculty Head (ANZSCO Code: 134411) or University Lecturer (ANZSCO Code: 242111).
Legacy 457 workers
A legacy 457 worker is a person who held a subclass 457 visa on or after 18 April 2017 and was in Australia for at least 12 months between 1 February 2020 and 14 December 2021. Legacy 457 workers are not subject to any age limit.
The age exemption will be accessible for two years from 1 July 2022.
Regional medical practitioners
If the nominated position is in a designated regional area, you may be exempt from the age requirement. You must have worked as a medical practitioner for at least 2 years in the last 3 years while holding a subclass 457/482 visa. This required employment period may be made up of a continuous period or 2 or more non-consecutive periods.
A medical practitioner means an occupation that is listed in ANZSCO and has ANZSCO occupation minor group code 2531 (medical practitioners).
Science applicants
A science applicant is a person working in the field of science as a researcher, scientist, or technical specialist. They must be nominated by a science organisation which means a science agency of the Commonwealth of a State or Territory, or an Australian university.
The skill level of the nominated occupation must be level one or two.
Subclass 457/482 workers earning at least FWHIT
This means a person who as a subclass 457/482 visa holder, has been working in the nominated occupation for the nominating employer for at least 3 years, and their earnings were at least as much as the Fair Work High Income Threshold for each year of that period.
The Fair Work high income thresholds for the last three years are as follows:
- 1 July 2022 – 30 June 2023: $162,000
- 1 July 2021 – 30 June 2022: $158,500
- 1 July 2020 – 30 June 2021: $153,600
- 1 July 2019 – 30 June 2020: $148,700
If your income was impacted by the coronavirus and you did not meet the stated high income threshold but meet the other criteria for a subclass 457/482 worker, you may still be eligible as a coronavirus concession worker.
For instance, if during that 3 year period, you were stood down or required to work reduced hours due to the coronavirus, your earnings and the high income threshold are assessed at a pro rate for the impacted years. This concession applies to applications lodged on or after 24 November 2020 and covers periods of temporary employment changes related to COVID-19 since 1 February 2020.
Transitional 457 worker under 50
If you were a holder of a 457 visa on 18 April 2017 or were an applicant for a 457 visa that was subsequently granted, you would be eligible for an age exemption as a transitional 457 worker.
The age restriction for transitional 457 workers is 50, and they can submit an ENS visa anytime before turning 50 years of age.
Subclass 444/461 worker
New Zealand citizens holding a 444 visa, as well as New Zealand citizen family members holding a 461 visa can be exempt from the age requirements.
Before applying for the visa, they must have worked for the nominating employer and in the nominated occupation for at least 2 years (whether made up of a continuous period or 2 or more non-consecutive periods).
Concluding thoughts
As a final point, the ENS visa provides age exemptions for a certain cohort of applicants. This provides a way for older skilled workers to still have the opportunity to seek permanent residency and continue to work in Australia.
It is crucial to remember that despite being eligible for age exemptions, you must still meet all other nomination and visa requirements.
It is also important to keep in mind that the age exemptions for the ENS visa are subject to change, and it’s recommended to regularly check the Department of Home Affairs website for the most up-to-date information. Additionally, age exemptions may be subject to further conditions, and applicants should consult with a registered migration agent or a legal professional to understand your eligibility.
Migration Affairs is committed to helping you navigate the immigration process and is here to assist you with any questions or concerns. If you need any help or advice, please contact us for a consultation.
