Comprehensive Guide to Age Requirements for Skilled Nominated Visas in Australia

Australia offers a range of skilled visas for individuals who possess specific skills and qualifications. Age criteria are an essential factor in determining eligibility for these visas. In this article, experts from KnN provide a detailed overview of the age requirements for various skilled nominated visas in Australia.

Temporary Work (Short Stay Specialist) Visa (Subclass 400)

The Temporary Work (Short Stay Specialist) Visa (Subclass 400) is intended for highly specialized work, short-term participation in non-ongoing projects, or activities related to Australia’s interests.

There are no specific age requirements for the Subclass 400 visa. Applicants must meet other criteria such as having specialized skills and the intent to perform work that is short-term and non-ongoing.

Employer Nomination Scheme (Subclass 186)

The Employer Nomination Scheme (ENS) Visa (Subclass 186) enables Australian employers to sponsor skilled workers for permanent residence. This visa is critical for addressing skill shortages and filling positions that cannot be filled by the local labor market. The Subclass 186 visa has three main streams: the Direct Entry Stream, the Labour Agreement Stream, and the Temporary Residence Transition Stream. Each stream has specific age requirements and eligibility criteria.

Direct Entry Stream

The Direct Entry Stream of the Subclass 186 visa is designed for skilled workers who are nominated by an employer in Australia and meet the requirements for direct entry.

For the Direct Entry Stream, applicants must be under 45 years of age at the time of application. However, there are specific exemptions to this age requirement, which include:

• You are nominated as an academic (such as a university lecturer or faculty head at Academic Level B, C, D, or E) by an Australian university.

• You are nominated as a scientist, researcher, or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency.

• You currently hold a Special Category visa (subclass 444) or a New Zealand Citizen Family Relationship visa (subclass 461) and have worked for the nominating employer in the nominated role for at least 2 years within the last 3 years before applying, excluding any unpaid leave periods.

Applicants falling under these exemptions may be eligible even if they are over 45 years of age at the time of application.

Labour Agreement Stream

The Labour Agreement Stream of the Subclass 186 visa is intended for skilled workers nominated by an employer through a labour agreement. Labour agreements are formal arrangements between an Australian employer and the Australian government.

For the Labour Agreement Stream, applicants must be under 45 years of age at the time of application. However, the specific age requirements can vary depending on the terms of the labour agreement. Some labour agreements may provide exemptions or higher age limits for certain occupations or positions. It is crucial for applicants to review the specific details of the relevant labour agreement to understand the applicable age criteria.

Temporary Residence Transition Stream

The Temporary Residence Transition Stream of the Subclass 186 visa is designed for skilled workers who currently hold a Temporary Skill Shortage (TSS) Visa (Subclass 482) or another qualifying temporary visa and have worked for their nominating employer for a specified period.

For the Temporary Residence Transition Stream, applicants must also be under 45 years of age at the time of application. However, similar to the Direct Entry Stream, there are exemptions to this age requirement:

The applicant is not bound by this age requirement if any of the following apply:

• The applicant is nominated as an academic (such as a university lecturer or faculty head at Academic Level A, B, C, D, or E) by an Australian university.
• The applicant is nominated as a scientist, researcher, or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency or university.
• The applicant is nominated as a medical practitioner and has worked in this role in a designated regional area of Australia for at least 2 years out of the 3 years immediately before applying, while holding a subclass 457 or 482 visa. The nominated position must be in a designated regional area.
• As a subclass 457 or 482 visa holder, the applicant has worked in the nominated occupation for the nominating employer for at least 2 years within the 3 years immediately before applying, with annual earnings meeting or exceeding the Fair Work High Income Threshold.

Transitional Arrangements:

• If the applicant held (or had applied for and later received) a subclass 457 visa on or after 18 April 2017, they may apply for this visa if they are under 50 years old at the time of application.
• From 1 July 2022 to 30 June 2024, eligible legacy subclass 457 visa holders can access an age exemption when applying through the Temporary Residence Transition (TRT) stream. To qualify, the applicant must:
  • Have held a subclass 457 visa on or after 18 April 2017.
  • Have been in Australia between 1 February 2020 and 14 December 2021 for at least one year.
  • Meet all other nomination and visa requirements.

Regional Sponsor Migration Scheme (Subclass 187)

The Regional Sponsored Migration Scheme (RSMS) Visa (Subclass 187) enables skilled workers to be sponsored by an employer in regional Australia for permanent residence. This visa is part of Australia’s initiative to promote regional development by attracting skilled migrants to less populated areas. The RSMS Visa has two main streams: the Direct Entry Stream and the Temporary Residence Transition Stream. Each stream has specific age requirements and eligibility criteria.

Temporary Residence Transition Stream

The Temporary Residence Transition Stream of the Subclass 187 visa is intended for skilled workers who currently hold a Temporary Skill Shortage (TSS) Visa (Subclass 482) or another qualifying temporary visa and have worked for their nominating employer in regional Australia for a specified period.

For the Temporary Residence Transition Stream, applicants must also be under 45 years of age at the time of application. There are exemptions to this age requirement:

• You are nominated as an academic (such as a university lecturer or faculty head at Academic Level A, B, C, D, or E) by an Australian university.
• You are nominated as a scientist, researcher, or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency or university.
• You are nominated as a medical practitioner and have worked in this role in a designated regional area of Australia for at least 2 years out of the 3 years immediately before applying, while holding a subclass 457 or 482 visa. The nominated position must also be in a designated regional area.
• As a holder of a subclass 457 or 482 visa, you have worked in the nominated occupation for the nominating employer for at least 2 years during the 3 years immediately before applying, with your annual earnings meeting or exceeding the Fair Work High Income Threshold.

These exemptions provide flexibility for older applicants who meet the other criteria but exceed the age limit.

Temporary Skill Shortage Visa (Subclass 482)

The Temporary Skill Shortage (TSS) Visa (Subclass 482) allows Australian employers to address labor shortages by bringing in skilled workers where they cannot find an appropriately skilled Australian. This visa is crucial for maintaining the country’s workforce, especially in specialized or high-demand sectors. The Subclass 482 visa has four main streams: the Short-Term Stream, the Medium-Term Stream, the Labour Agreement Stream, and the Subsequent Entrant. 

Short-Term Stream

The Short-Term Stream of the Subclass 482 visa is designed for Australian employers to fill positions with overseas workers on a temporary basis for up to two years (or up to four years if an International Trade Obligation applies).

There are no specific age requirements for the Short-Term Stream of the Subclass 482 visa. However, applicants must meet other criteria related to skills, qualifications, and language proficiency.

Medium-Term Stream

The Medium-Term Stream of the Subclass 482 visa is intended for Australian employers to fill medium to long-term positions with overseas workers in specific high-demand occupations for up to four years.

Similar to the Short-Term Stream, there are no specific age requirements for the Medium-Term Stream of the Subclass 482 visa. Applicants must satisfy other eligibility criteria related to their skills, qualifications, and language proficiency.

Labour Agreement Stream

The Labour Agreement Stream of the Subclass 482 visa is for skilled workers nominated by an employer with a labour agreement. Labour agreements are formal arrangements between an Australian employer and the Australian government, allowing the employer to recruit workers in accordance with specific terms.

There are no specific age requirements for the Labour Agreement Stream of the Subclass 482 visa. However, the particular terms and conditions of each labour agreement may specify age criteria or exemptions. Applicants should review the specific details of the relevant labour agreement to understand any applicable age requirements.

Subsequent Entrant

The Subsequent Entrant stream of the Subclass 482 visa allows family members of primary TSS visa holders to join them in Australia. This stream ensures that the family unit can stay together while the primary visa holder is working in Australia.

There are no specific age requirements for the Subsequent Entrant stream of the Subclass 482 visa. 

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

Employer Sponsored Stream

The Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494) – Employer Sponsored Stream allows Australian employers in designated regional areas to sponsor skilled workers for provisional visas. This visa is designed to address labor shortages in regional areas by attracting skilled migrants to fill positions that cannot be sourced locally.

Applicants must be under 45 years of age at the time of application. This age requirement ensures that the Australian workforce benefits from skilled migrants who can contribute for a significant period before retirement.

Certain exemptions allow applicants over the age of 45 to apply for the Subclass 494 visa. These exemptions are provided to accommodate applicants with exceptional skills or unique circumstances. The key exemptions include:

• The age limit does not apply if any of the following conditions are met:
• The applicant is nominated as an academic (e.g., university lecturer or faculty head at Academic Level A-E) by an Australian university.
• The applicant is nominated as a medical practitioner and has worked in a designated regional area of Australia for at least 2 years out of the past 3 years on a subclass 457 or 482 visa. The position must be in a designated regional area.
• The applicant is nominated as a scientist, researcher, or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific agency or university.
• The applicant has held a Special Category visa (subclass 444) or a New Zealand Citizen Family Relationship visa (subclass 461) for the past 3 years and has worked in the nominated role for at least 2 years during this period.
• As a holder of a subclass 457 or 482 visa, the applicant has worked in the nominated occupation for at least 2 years with the nominating employer in the 3 years immediately before applying, and has earned at least the Fair Work High Income Threshold each year.

Labour Agreement Stream: 

This stream is for skilled workers nominated by employers who have a labour agreement with the Australian Government.

The applicant must be under 45 years old at the time of application, unless the labour agreement specifies a different age requirement.

Subsequent Entrant Stream: 

This visa is for family members of an existing Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) holder who wish to join them in Australia.

There is no specific age requirement for this visa stream.

Temporary Graduate Visa (Subclass 485)

The Temporary Graduate Visa (Subclass 485) allows international students who have completed their studies in Australia to live, study, and work in Australia temporarily. This visa is divided into three main streams: the Post-Vocational Education Work stream, the Post-Higher Education Work stream, and the Second Post-Higher Education Work stream. Each stream has specific age requirements and eligibility criteria.

Post-Vocational Education Workstream

This visa is for international students who have recently graduated with a degree from an Australian institution. It allows you to live, work, and study in Australia temporarily.

Generally, the applicant must be 35 years of age or under at the time of application.

If holding a Hong Kong or British National Overseas passport, the applicant can be under 50 years of age when applying.

Post-Higher Education Work stream

This visa is for international students who have recently graduated with qualifications relevant to occupations in demand in Australia. It allows you to live, work, and study in Australia temporarily.

To be eligible, you must be 35 years of age or under when you apply. However, If using a Master’s (research) or Doctoral Degree (PhD) to meet the Australian study requirement, or if holding a Hong Kong or British National Overseas passport, the applicant can be under 50 years of age when applying.

Second Post-Higher Education Work stream

The Second Post-Study Work Stream is available to holders of a first Temporary Graduate visa in the Post-Study Work Stream who graduated with a degree from an Australian institution located in a regional area. This stream provides additional time in Australia to live, study, and work.

Similar to the Post-Higher Education Work stream , you must be 35 years of age or under when you apply. However, if you are using a Masters’s (research) or Doctoral Degree (PhD) to meet the Australian study requirement, or if you hold a Hong Kong or British National Overseas passport, you can be under 50 years of age when you apply.

Skilled Work Regional (Provisional) Visa (Subclass 491)

The Skilled Work Regional (Provisional) Visa (Subclass 491) is designed to address skill shortages in regional areas of Australia by allowing skilled workers to live and work in these areas. This visa has two main streams: the Skilled Work Regional (Provisional) stream and the Subsequent Entrant stream. Here’s a detailed look at the age requirements for each stream:

Skilled Work Regional (Provisional) Stream

The Skilled Work Regional (Provisional) stream is for skilled workers who are nominated by a state or territory government or sponsored by an eligible relative to live and work in designated regional areas of Australia.

• Invitation to Apply: To be invited to apply for the visa, you need to be under 45 years old at the time of receiving your invitation. This ensures that the visa is awarded to individuals who are at a stage in their careers where they can contribute effectively to the regional workforce.

• Age at Application: You can still apply for the visa if you turn 45 after you receive the invitation to apply. This provision allows some flexibility for those who may be close to the age limit at the time of invitation but still meet other eligibility criteria.

• Age at EOI Submission: If you turn 45 after you submit your Expression of Interest (EOI) but before you are invited to apply, you will not receive an invitation. This rule ensures that all invited applicants meet the age requirement at the time of invitation.

Subsequent Entrant Stream

The Subsequent Entrant stream is for family members of the primary visa holder who wish to join them in Australia. This stream allows dependents of the primary visa holder to live, work, and study in Australia.

There is no age limit for this visa.

Skilled Nominated Visa (Subclass 190)

The Skilled Nominated Visa (Subclass 190) is a points-tested visa that allows skilled workers who are nominated by an Australian state or territory government to live and work in Australia as permanent residents.

To be eligible to receive an invitation to apply for the Skilled Work Regional (Provisional) Visa (Subclass 190), you must be under 45 years of age at the time of the invitation. However, if you turn 45 after you have been invited to apply, you can still proceed with your visa application. Conversely, if you turn 45 after submitting your Expression of Interest (EOI) but before receiving an invitation, you will not be invited to apply for the visa.

Skilled Independent Visa (Subclass 189) – Points-Tested Stream

The Skilled Independent Visa (Subclass 189) is a points-based visa for skilled workers who are not sponsored by an employer, family member, or state or territory. It has two main streams: the Points-Tested Stream and the Hong Kong Stream. Below is a detailed overview of the age requirements for each stream.

Points-Tested Stream

The Points-Tested Stream of the Subclass 189 visa is for skilled workers who are invited to apply based on a points test. Points are awarded for factors such as age, English language proficiency, work experience, and education.

To be eligible to receive an invitation to apply for the visa, you must be under 45 years of age at the time of the invitation. This requirement ensures that the visa is granted to individuals who are likely to contribute effectively to the Australian workforce and economy over the long term.

If you turn 45 after receiving the invitation to apply, you can still submit your application. This provides flexibility for those who are close to the age limit when they receive their invitation but otherwise meet all eligibility criteria.

If you turn 45 after submitting your Expression of Interest (EOI) but before receiving an invitation, you will not be invited to apply. This rule ensures that all invited applicants meet the age requirement at the time of invitation, reflecting the visa’s aim to select younger, high-potential candidates.

Hong Kong Stream

The Hong Kong Stream of the Subclass 189 visa is designed for individuals who are Hong Kong or British National (Overseas) passport holders. This stream provides a pathway to permanent residence for skilled workers from Hong Kong.

Unlike the Points-Tested Stream, the Hong Kong Stream does not have a specific age requirement. This allows skilled workers from Hong Kong or British National (Overseas) passport holders to apply regardless of their age, provided they meet other eligibility criteria such as holding the relevant passport and fulfilling the skill requirements.

Declaration: The information provided in this blog is based on data available from the Australian Department of Home Affairs as of August 2024. For detailed guidance on exemptions and further assistance, please consult the KnN Migration Team.