The Subclass 186 Employer Nomination Scheme (ENS) visa is one of the most popular pathways to permanent residency in Australia. However, one requirement that catches many applicants off guard is the age limit. In most cases, you must be under 45 years of age at the time of application.
So what options are available if you’re over 45? Let’s explore the age requirement in detail and look at the exemptions that may apply.
The General Age Requirement
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For the 186 Direct Entry (DE) stream, applicants generally must be under 45 years of age at the time of application. This is a firm requirement that applies to most occupations and most applicants.
For the 186 Temporary Residence Transition (TRT) stream, a similar age requirement applies, although there are specific exemptions available.
Age Exemptions for the 186 Visa
The legislation does provide for some circumstances where the age requirement can be waived. These include:
1. Fair Work High Income Threshold (FWHIT) Exemption
If your nominated annual earnings equal or exceed the Fair Work High Income Threshold (FWHIT) — currently set at $175,000 per year — you may be exempt from the age requirement when applying through the TRT stream.
This is one of the most commonly used age exemptions. The pathway typically involves holding a 482 visa, working for the same employer for the required period, and earning at or above the FWHIT. You would then transition to the 186 TRT stream with the age exemption.
2. Science Applicant Nominated by a Government Science Agency
Under a Ministerial instrument, a science applicant nominated by a government science agency may be exempt from the age requirement for the 186 DE stream. However, this exemption is interpreted quite narrowly by the Department of Home Affairs.
For example, while veterinarians fall under ANZSCO Minor Group 234 (Natural and Physical Science Professionals), the Department may not automatically accept that a veterinarian qualifies as a “science applicant” under this exemption. The employer would need to provide evidence demonstrating that the role and the nominating organisation meet the policy criteria.
3. Company-Specific Labour Agreements
Some company-specific labour agreements include provisions that allow employers to request age exemptions for specific occupations. If the employer has negotiated a labour agreement with the Department that includes an age concession, this can provide a pathway for applicants over 45.
4. Academic and Research Positions
Certain academic and research positions at Australian universities or research institutions may qualify for age exemptions under the 186 DE stream, particularly where the applicant holds a PhD or is nominated for a senior academic role.
What If You Don’t Qualify for an Exemption?
If you are over 45 and do not qualify for any of the age exemptions listed above, your options for employer-sponsored permanent residency are more limited. However, you may still consider:
- Continuing on a 482 visa and working towards meeting the FWHIT threshold for a future TRT application
- Exploring state nomination pathways (some states have different age considerations for certain visa subclasses)
- Negotiating a labour agreement with the Department that includes an age concession
- Considering other visa options such as the Global Talent visa (Subclass 858) if you have exceptional skills
Key Takeaways
- The 186 visa generally requires applicants to be under 45 at the time of application.
- The FWHIT exemption (earnings at or above the current FWHIT) is the most practical pathway for over-45 applicants via the TRT stream.
- The science applicant exemption exists for the DE stream but is interpreted narrowly by the Department.
- Company-specific labour agreements may include age concessions for certain occupations.
- If you’re approaching 45 and considering a 186 application, it’s critical to plan early and seek professional advice.
Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
Related Articles You May Find Useful
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- The Portability Period: Changing Employers on a 482 Visa While Applying for 186 DE
- Partner Visa Second Stage (801): What If Your Form 888 Witness Is No Longer Available?
- 186 TRT Visa: Can You Apply If Your Employer’s Sponsorship Has Expired?
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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