- 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.
The age exemption relating to legacy 457 workers is intended to capture all Subclass 457 visa holders after the abolition of the Subclass 457 visa was announced on 18 April 2017. Those holding a Subclass 457 visa at the time of application for the TRT stream of the ENS visa will be eligible for the age exemption. Additionally, those who previously held a Subclass 457 visa but currently hold a 482 visa (TSS), will also be eligible for the age exemption, provided they meet the above requirements.
This exemption is available to applicants who applied for the TRT stream of the ENS visa on or after 1 July 2022 and is intended to be accessible for two years from its commencement.
This measure seeks to complement the pathway to permanent residence for short-term stream TSS 482 visa holders and retain skilled migrants, who worked in Australia throughout the COVID-19 pandemic. As such, it is expected that individuals seeking to access this exemption would have worked on an appropriate temporary skilled work visa throughout the period of eligibility. Where this is not the case, applicants may still be eligible for the age exemption, however, DHA will consider the applicant meets all other requirements to the TRT stream of the 186 ENS.
Current legislation provides several categories of age limit exemptions for the 186 Employer Sponsored Permanent Visa. These include:
186 Direct Entry Stream Age Limit Exemptions
186 Temporary Residence Transition Stream Age Limit Exemptions
- Academic applicants
- Regional medical practitioner applicants
- Science applicants
- Subclass 457/482 workers who meet the Fair Work High Income Threshold for 3 years
- Subclass 457/482 coronavirus concession workers (STSOL)
- Transition 457 workers under 50
- Legacy 457 workers (from 1 July 2022)
- PR for sc482 visa holders with an occupation on the Regional Occupation List (ROL)
- Employer-sponsored permanent residency reforms from 25 November 2023