The recognised age exemption categories
After the age of 45 it becomes substantially more difficult to obtain permanent residency in the Australian Visa system. One way is through the limited exemptions available to some Subclass 186 Employer Nomination Scheme (ENS) visa applicants. Below are the key age exemptions for the Sc 186. For each, we note who it covers, the legal basis, evidence, timing, traps, and common refusal reasons.
Note: the below information refers to the exemptions only and not the general Sc 186 visa requirements – individuals should seek personalised legal advice in relation to their circumstances.
1) High-income earner – Temporary Residency Transition (TRT) stream
Who: Subclass 482 Temporary Skill Shortage (TSS) / 482 Skills In Demand (SID) / Subclass 457 holders applying under the TRT stream who meet the Fair Work High Income Threshold (FWHIT).
Legal basis: The Legislative Instrument “Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas” (LIN 19/216) refers to this exemption class as simply “Subclass 457/482 workers”. However, the class is only open to individuals who can demonstrate that they have received guaranteed income of more than the FWHIT in 2 out of the past 3 years as the holder of a Sc 482 (TSS or SID) and/or Sc 457 visas.
Relevant FHWIT requirement:
- 1 Jul 2025 to 30 Jun 2026: $183,100
- 1 Jul 2024 to 30 Jun 2025: $175,000
- 1 July 2023 – 30 June 2024: $167,500
- 1 July 2022 – 30 June 2023: $162,000
Practical rules on “earnings”:
- Includes wages, agreed value of non-monetary benefits, and amounts dealt with on the employee’s behalf
- Excludes compulsory super, reimbursements, and most bonuses or commissions that cannot be determined in advance.
- Applicants should be careful to determine what can and cannot be included. For example, where the value of a non-monetary benefit has not been written into a contractual agreement, it may not be possible to include this in the “guaranteed earnings”. Similarly, commissions or bonuses that are that the employers discretion cannot be included.
Evidence to prepare:
- Contracts and any written evidence of guaranteed annual earnings.
- Detailed payroll summaries for the past 3 income years.
- Evidence of non-monetary benefits with agreed money value.
- Statement on overtime and bonus structures.
Timing traps:
- Applicants must demonstrate that they received more than the FWHIT for 2 out of the last 3 years. These 12 month periods do not need to be consecutive but each period must the threshold in force at the end of that year.
- Adopt a defensible methodology of documenting earnings and keep clear records.
- Where there is uncertainty, ATO guidance or court decisions can provide valuable input into determining what can and cannot be included.
Potential refusal reasons:
- Counting bonuses that are discretionary or not determinable in advance.
- Including compulsory super or reimbursements as earnings.
- Including non-monetary benefits where there is no evidence of the agreed value.
2) Academic applicant – Direct Entry (DE) or TRT
Who: Senior academics and faculty heads employed by Australian Universities;
Legal basis: LIN 19/216 defines “Academic Applicants” by reference to the ANZSCO occupations “University Lecturer (242111)” and “Faculty Head (134411)”.
Evidence to prepare:
- University appointment letter and contract.
- Position description that matches ANZSCO tasks.
- Proof the nominating employer is a university.
Potential refusal reasons:
- Position not clearly an academic role under ANZSCO – include a mixture of academic and non-academic duties.
- Employer is a tertiary provider but not defined as an Australian University.
3) Science Applicant (both TRT and DE)
Who: Applicants employed by, or with an accepted offer from, a defined scientific organisation.
Legal basis: LIN 19/216 defines “Science Applicant” and “science organisation”. The “Science Applicant” must be a researcher, scientist, or technical specialist. A “Science Organisation” is considered to be a Commonwealth or State science agency or a University.
Evidence to prepare:
- Evidence the employer is a recognised science organisation.
- Offer letter for Sc 186 DE stream or
- Employment contract and evidence of two years’ full time work for Sc 186 TRT stream
Potential refusal reasons:
- Ensure the employer meets the Instrument’s definition of a science organisation.
- Role must be fall under the scope of researcher, scientist, or technical specialist – this may be of concern for particularly senior roles in this environment related to management and other functions
4) Regional Medical Practitioner applicant – TRT
Who: Registered Medical Practitioners who have worked as a medical practitioner for at least 2 out of the past 3 years in a designated regional area while the holder of a Sc 482 (SID or TSS) and / or Sc 457 Visa.
Legal basis: LIN 19/216 defines the Regional Medical Practitioner class as someone who has worked as a medical practitioner in a “Designated Regional Area” for at least 2 out of the last 3 years. The 2 year period does not need to be continuous or consecutive.
Evidence to prepare:
- AHPRA registration.
- Proof of at least 2 years’ employment in a Designated Regional Area.
Potential refusal reasons:
- Counting employment periods in non-designated areas.
- Gaps in employment that mean the applicant did not complete at least 2 years of regional service at the time of application
5) Subclass 444/461 workers (DE)
Who: New Zealand citizens (Sc 444 Special Category Visa holders) and eligible family members (Sc 461 new Zealand Citizen Family Relationships Visa holders) under the DE stream.
Legal basis: LIN 19/216 specifies that Sc 444 and Sc 461 Visa holders qualify for access to permanent residency through the Sc 186 Visa Direct Entry scheme where they have been employed in a skilled occupation and have received guaranteed earnings of more than the CSIT over at least 2 of the past 3 years. Applicants must meet any “Applicable Circumstances” specified in the Core Skills Occupation List for the Sc 186 Visa.
Evidence to prepare:
- Proof the individual held the Subclass 444 or 461 “at almost all times” during the past 3 years (for example, while outside Australia a Sc 444 Visa holders Visa will cease. On re-entry the individual will be granted another Sc 444 Visa).
- Evidence of employment, occupation, and income.
- Employer nomination aligned to DE criteria.
Evidence and documents checklist
| Criterion | Acceptable documents | Issued by | Common mistakes |
|---|---|---|---|
| High-income earner test | Employment contract, payroll summaries or payslips, ATO income stgatement, bank statements for salary, agreed value for benefits, | Employer, payroll, accountant | Counting discretionary bonuses or compulsory super toward FWHIT, no written agreed value for benefits |
| Academic applicant | University appointment letter, ANZSCO-aligned PD, HR confirmation | University | Role not matching ANZSCO; employer not a university |
| Science applicant | Evidence employer is a “science organisation”, employment contract or offer, position description as a researcher / scientist / technical specialist | Employer | Employer not meeting definition; experience not evidenced |
| Regional medical practitioner | AHPRA registration, employment contracts and rosters, payslips, evidence of regional postcodes | AHPRA, employer | Misclassifying postcodes; insufficient time in regional service |
Pitfalls and myths
- “Bonuses count the same as base”: Not always. Incentive payments that cannot be determined in advance generally do not count toward FWHIT. Guaranteed overtime can count but evidence must be provided about why it is guaranteed and applicants would be well advised to ensure it meets Award requirements.
- “We can combine exemptions”: You only need one class but must fully meet the criteria that class. Each class has its own conditions.
- “Regional means anywhere outside CBD.” Use the designated regional postcode lists. Do not assume.
- “Legacy 457 is still open.” The lodgement deadline was 30 Jun 2024. Only lodged cases continue.
How Roam can help:
Book a strategy call with one of our immigration lawyers to map your pathway and manage future risk timing.
*This guide is general information only and not legal advice. Rules and thresholds change. Get advice tailored to your circumstances.
