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 circumstances 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 SID 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 (replaced by the National Innovation Visa- SC858)
- business visas may be a possibility if you have a certain net worth and turnover (closed to new applications and no longer available).
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).
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.
