Over the Age Limit and Still Want to Stay in Australia? Here Are Your Visa Options

Want to settle down in Australia, however, you are reaching the 45 years old which can feel like a barrier when it comes to applying for a visa. While many visa pathways have an age cap of 45, there are still several visa options that you may be eligible for due to its exemptions.

Why Does a Work Visa Have an Age Limit?

Many skilled work visas, particularly the General Skilled Migration (GSM) point-tested or employer-sponsored visas, have an age limit of 45. Once you turn 45, you typically cannot apply unless you meet the age exemption.

What Are Some Possible Visa Pathways for Applicants Over Age 45?

It is always suggested to speak with an immigration lawyer first before taking any action. Here are some possible options for visa applicants over the age of 45:

If you are holding a Temporary Skill Shortage (TSS) or a Skills in Demand (SID) (Subclass 482), you can continue to renew the Subclass 482 visa indefinitely, as the Subclass 482 visa has no age cap or limit on the number of renewals for this visa.
You may also apply for a Training Visa (Subclass 407) if you need a lead-in to a skilled migration pathway to gain work experience, as this visa has no age limit requirement.
For those considering permanent residency (PR) through the ENS (Subclass 186) or the SESR (Subclass 494) visas, applicants over 45 may be eligible to apply if they meet the age exemption criteria.
If you are working under a Designated Area Migration Agreement (DAMA) (such as the Goldfields WA DAMA or Orana NSW DAMA), you may benefit from age concessions. These agreements can waive the standard 45-year age limit, allowing access to PR pathways like ENS (Subclass 186) or Subclass 494 through the DAMA framework.
If you are in a genuine, ongoing relationship with an Australian citizen, PR, or eligible New Zealand citizen, you may be eligible to apply for a partner visa, which may be a favourable option.
A range of parent visa options may be a viable route to PR for parents of Australian citizens or PR.

How Can Agape Henry Crux Help

Although it may sound like there are no other visa pathways to continue to stay in Australia as a 45-year-old individual, that is not necessarily the case. Seek professional guidance for alternative pathways depending on your circumstances by discussing it with an immigration lawyer. At Agape Henry Crux, our team works with our Accredited Specialists in Immigration Law who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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