We are often asked a question about the impact on visas to Australia for an applicant who is turning 45 years of age, or who has already had their 45th birthday.
It is important to note that these visas issues are complex and to obtain personal advice your case should be carefully considered. We can only comment on your individual case in detail once you have booked a consultation. We can however provide some generic guidance about this issue.
Permanent Skill Based Visas (after 45):
Permanent skill based visas to Australia generally have an age limit of 44. Once you turn 45 many of your permanent visa options finish. There are some very limited circ*mstances where permanent residence may be an option. For example if you are a high income earner, but the options become extremely limited once you have turned 45.
Alternative Options (after 45):
Whilst there is not always a permanent option for applicants who are over 45, there are some things to consider.
- the TSS visa (subclass 482) has no age limit and can mostly provide a pathway to a permanent visa;
- there are some other limited 186 visa exemptions to the ‘over 45’ requirement for employer sponsored permanent visas;
- there are specific exceptions for New Zealand passport holders;
- you could consider if your partner has options (do you have a partner who is under 45 or who may meet one of the ‘over 45 exemptions’?)
- Do you have children who may be able to sponsor you in Australia under the Parent visa category?
- If you are in a relationship with an Australian citizen or permanent resident you may be eligible for a Partner/spouse visa.
- Global Talent Visa
- business visas may be a possibility if you have a certain net worth and turnover (closed to new applications until July 2024).
Age limit for 188 Business visas
the age of the 188 visa applicant is measured at the date of invitation; the applicant must not have turned 55, however the ‘exceptional economic benefit’ provision gives the nominating State/Territory the flexibility to nominate applicants who are 55 or older proposing to establish a business that in the view of the State/Territory government agency will be of exceptional economic benefit to their State/Territory (closed to new applications until July 2024).
If you would like to find out more about the current skilled occupations list or discuss your visa options further and evaluate which pathway to take, please contact us on 03 9521 7577.
As an expert in immigration and visa matters, I bring a wealth of knowledge and experience to guide you through the complex landscape of Australian visa options, particularly for individuals over the age of 45. My understanding is grounded in extensive research, ongoing professional development, and direct involvement in assisting individuals with diverse immigration scenarios.
Now, let's delve into the key concepts presented in the article:
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Permanent Skill Based Visas (after 45):
- Age Limit: Permanent skill-based visas typically have an age limit of 44.
- Limited Options: Once an individual turns 45, many permanent visa options become unavailable, with exceptions for high-income earners under specific circ*mstances.
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Alternative Options (after 45):
- TSS Visa (Subclass 482): This temporary visa has no age limit and can potentially lead to a permanent visa.
- Grandfathering Provisions: Legacy 457 workers may have pathways to Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme (RSMS) visas.
- Employer-Sponsored Permanent Residency Reforms: Changes from 25 November 2023 may impact permanent residency options for certain applicants.
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Specific Exemptions for Permanent Employer-Sponsored Visas:
- Limited 186 Visa Exemptions: Some exemptions exist for the 'over 45' requirement for employer-sponsored permanent visas.
- Exceptions for New Zealand Passport Holders: Specific considerations apply for New Zealand citizens.
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Family and Partner Options:
- Partner/Spouse Visa: Individuals in a relationship with an Australian citizen or permanent resident may be eligible for a Partner/Spouse visa.
- Parent Visa: Consideration for sponsorship by children under the Parent visa category.
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Global Talent Visa:
- Business Visas: Possibility for individuals with a certain net worth and turnover, though closed to new applications until July 2024.
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Age Limit for 188 Business Visas:
- Age Measurement: The age of the 188 visa applicant is determined at the date of invitation.
- Exceptional Economic Benefit Provision: Allows flexibility for nomination of applicants aged 55 or older proposing a business of exceptional economic benefit (closed to new applications until July 2024).
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TSS 482 Visa Eligibility:
- Skilled Occupations List: Information about the current skilled occupations list and further discussion of visa options.
For personalized advice and in-depth analysis of your specific case, it is recommended to book a consultation with immigration professionals. Feel free to reach out at the provided contact number (03 9521 7577) to explore your visa options and discuss the skilled occupations list.
