The Employer Nomination Scheme (ENS) (Subclass 186) Visa is a pathway that allows businesses, sponsors and employers to nominate and sponsor foreign skilled workers for job roles that cannot be taken up by Australian citizens or permanent residents. 

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It is a permanent resident (PR) visa that allows skilled foreign workers to permanently reside in Australia and also apply for citizenship (if eligible). There are several pathways employers can select from for their nominees, with different criteria and requirements. A common criterion among all the pathways is an age limit - requiring applicants to be below the age of 45 years before applying. 

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While this may seem like an issue for many skilled foreign workers, there are age exemptions for an ENS Visa that can be beneficial for skilled foreign workers who are older than 45 years. 

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The age exemption applies to applicants who are applying for an ENS Visa through the Temporary Residence Transition (TRT) stream, Labour Agreement Stream or the Direct Entry (DE) stream. Kindly note that despite the possibility of an age exemption, applicants will have to fulfil the remaining eligibility requirements. 

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Age Exemptions for the TRT Stream 

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This applies to applicants who hold a Subclass 457 or 482 Visa. Applicants must have worked for their nominating employer in Australia for 3 out of the prior 4 years to qualify for the TRT stream. 

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There are several professions under which applicants will be exempted from the age criterion: 

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• Academic Candidates: People who are nominated by an Australian university in a position of an academic, classified as Level A, B, C, D or E. The nominated occupation must be either Faculty Head or University Lecturer.  
• Legacy 457 Personnel: People who held a Subclass 457 Visa on or after 18th April 2017 and were in Australia for at least 12 months between February 2020 and 14th December 2021. 
• Regional Medical Professionals: People who have worked as a medical practitioner for at least 2 of the prior 3 years in a designated regional area while holding a Subclass 457/482 Visa. the required employment period can either be a consecutive 2 years or more non-consecutive periods. Check this link for more information about regional medical practitioners. 
• Scientific Candidates: People who are working in the field of science as researchers, scientists or technical specialists. They must be nominated by a scientific organization of the Commonwealth of a state/territory or an Australian university. The skill level of the nominated occupation must be Level 1 or 2. 
• Workers from Subclass 457/482: The workers under this subclass must be working in their nominated occupation for at least 3 years and fall under the Fair Work High Income Threshold for each year of the period. The FWHIT for the previous 3 years is as follows:‍
• 01/07/2020-30/06/2021: AUD $153,600
• 01/07/2021-30/06/2022: AUD $158,500
• 01/07/2022-30-06-2023: AUD $162,200
• If an applicant’s income was impacted due to Covid-19 but they yet meet the other criteria for a Subclass 457/482 worker, they may still be eligible as a coronavirus concession worker.‍
• Coronavirus Concession Workers of Subclass 457/482: People who were working full-time for their Australian employer but were forced to quit or work part-time due to Covid-19. 
• Subclass 457 Transitional Workers under the Age of 50: People holding a 457 Visa on 18th April 2017 or applicants of a 457 Visa that was granted may be eligible for the age exemption. Applicants can apply for an ENS Visa anytime before turning 50 years of age.

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Age Exemptions for the DE Stream 

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Applicants applying for an ENS Visa under the DE stream must have at least 3 years of post-degree work experience, along with a positive skills assessment. It is not necessary to fulfil the 3-year employment period with the nominating employer. 

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Individuals exempt from the age requirement under the DE stream must belong to any of the categories below: 

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• Academic Candidates: People who are nominated by an Australian university in a position of an academic, classified as Level A, B, C, D or E. The nominated occupation must be either Faculty Head or University Lecturer.   
• Scientific Applicants: People who are working in the field of science as researchers, scientists or technical specialists. They must be nominated by a scientific organization of the Commonwealth of a state/territory or an Australian university. The skill level of the nominated occupation must be Level 1 or 2. 
• Subclass 444/461 Workers: New Zealand citizens holding a 444 Visa along with the family members of New Zealand citizens (family members must hold a 461 Visa) may be exempted from the age requirement:
• ‍Before applying for an ENS Visa, the applicant must have worked for their nominating employer in their nominated occupation for at least 2 years (can be either consecutive or non-consecutive periods). 

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Others 

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If an applicant is applying for an ENS Visa through the Labour Agreement Stream, and the agreement dictates that the employee does not need to be below 45 years of age, the applicant will be exempted from the age requirement. 

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Conclusion 

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Age exemptions for an ENS Visa prove to be extremely valuable for skilled foreign workers who are above the age of 45 and wish to work and reside in Australia. 

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Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client. 

Path Migration strongly recommends readers to contact certified immigration lawyers for a holistic overview of the Australia immigration system and a detailed analysis of each case. 

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