PR over 45 after the 482
I'm new here. I'm looking at the 482 visa (Oz qualified lawyer) but I turn 43 in June. Can I check, on the 482 visa if I then want to apply for PR via the 186 visa - temporary residence transition stream - can I be over 45 when I am nominated by my employer? I saw something on SeekVisa.com which seemed to indicate you could be up to the age of 50? The government website just says "usually you have to be under 45" when you apply for a 186 but then you are exempt if the following applies - "as a subclass 457 or TSS visa holder, you have been working in the nominated occupation for the nominating employer for at least the last 3 years"
Does that mean the 482? And if so does anyone know what the cut-off age is if not 45? Is it 50 as seekvisa says? Sorry to ask what sounds like visa advice but I had basically ruled out the 482 thinking I was too old because i need to apply for PR before 45. If that is not the case then I've just been given an amazing opportunity I didn't know I had and I am going to start browsing the jobs on here!
Hello mate and welcome 👍
The official legislative document covering this topic can be found here: https://www.legislation.gov.au/Details/F2018L00301.
Key Section appears to be here:
Exemptions to age requirement for applicants for a Subclass 186 visa or Subclass 187 visa (Temporary Residence Transition Scheme)...
a person who holds a Subclass 457 visa or a Subclass 482 visa and who has been working in a nominated occupation for the nominating employer for at least three years, immediately prior to the date of application for a Subclass 186 visa or a Subclass 187 visa; and whose annual income for each year of the three year period was at least equivalent to the High Income Threshold; or
(d) a person::
(i) who is a medical practitioner (ANZSCO MINOR GROUP 253);and
(ii) who has been employed as a medical practitioner for a period of at least three years, immediately prior to the date of application for a Subclass 186 visa or a Subclass 187 visa; and
(iii) who, during that three year period prior to application for a Subclass 186 visa or a Subclass 187 visa, was a holder of a Subclass 457 visa or a Subclass 482 visa; and
(iv) who was employed in regional Australia for at least two years during the period of three years immediately prior to application for a Subclass 186 visa or a Subclass 187 visa; and
(v) in relation to whom the nominated position is located in regional Australia.
The 50-year-old limit is only referenced once in the legislative document.
Part 3 – Exemptions for applicants of a Subclass 186 visa or a Subclass 187 visa who held a Subclass 457 visa on 18 April 2017, or who was an applicant for a Subclass 457 visa on 18 April 2017 which was subsequently granted
Applicants for Subclass 186 visa and Subclass 187 visa who are not required to be below the age of 45 at time of application
For the purposes of paragraphs 186.221(b) and 187.221(b) of Schedule 2 to the Regulations, persons who:
(i) at the time of application, had not turned 50 years of age; and
(ii) on 18 April 2017, were either:
(A) a holder of a Subclass 457 (Temporary Work (Skilled)) visa; or
(B) an applicant for a Subclass 457 (Temporary Work (Skilled)) visa and that application had not been finally determined on that date and that visa was subsequently granted;
On this face of it, the 50 year age limit only appears to those who held a 457 Visa (the old 482/Tss Visa) back in 2017, there does not appear to be an age limit for applicants post this date.
I share this with the caveat that I'm neither a qualified lawyer (or migration agent) so if you still need further guidance, please seek their advice (tips here). With that said, the migration legislation I linked to shaped the advice migration lawyers will provide you so its generally a very good start.
Hope this helps
Humph! After all that, I see the legislative document I linked was the old one which is no longer in force - This has since been superseded with the document here: https://www.legislation.gov.au/Details/F2019L01404
The good news is the new legislation appears to simplify the position further:
Part 2—Exemptions from skill, age and English language requirements
6 Subclass 186 visas
Temporary Residence Transition stream—exemption from age requirement
(1) For the purposes of paragraph 186.221(b) of Schedule 2 to the Regulations, the following classes of persons are specified:
(a) academic applicants;
(b) regional medical practitioner applicants;
(c) science applicants;
(d) Subclass 457/482 workers;
(e) transitional 457 workers under 50.
The transitional 457 workers are those reference previously (goes back to holders in 2017).
Hope this helps
Thanks for going to all that trouble, Mark, I am just blown away by the effort you've made 😊 and I am so very grateful. So it looks like as long as I start working for a 482 sponsor before I turn 50, I can still apply for PR after 3 years of that (salary permitting). You've really brightened my day. So glad I joined!
Actually there is no age limit on the 482 is there?! 👍