Over 45 on a TSS/SID SC482 Visa? PR May Still Be Possible
Reaching the age of 45 while holding a Temporary Skill Shortage (TSS) or a Skills in Demand (SID) (Subclass 482) and wishing to proceed to a permanent residency (PR) pathway in Australia might feel like a roadblock, but it doesn’t have to be.
Why is Age 45 Significant in Australian Visas?
Many skilled and employer-sponsored visas have an age limit of 45 for PR eligibility. This applies to:
Skilled Work Regional (Provisional) visa (Subclass 491) pathway
Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) pathway
However, there are exemptions and alternative pathways that can allow you to transition to PR even after 45.
What Are the Visa Pathways That May Still Be Possible After Age 45?
It is always suggested that you speak with an immigration lawyer first before taking any action. Here are some possible options for Subclass 482 visa holders over 45:
The Employer Nomination Scheme (ENS) (Subclass 186)—Temporary Residence Transition (TRT) stream: Applicants over 45 may be eligible if they meet the age exemption. These may include earning at least the Fair Work High Income Threshold, working in a regional area under a DAMA, or being academic, medical, or research professionals and others.
If you are working under a Designated Area Migration Agreement (DAMA) (such as Goulburn Valley DAMA or Far North Queensland DAMA), some occupations may offer age concessions. This also means that the usual 45-year age limit may be waived, and occupations that are not on the standard occupation list may be eligible. PR pathways like ENS (Subclass 186) or Subclass 494 may be accessible through DAMA.
If you are in a genuine and ongoing relationship with an Australian citizen, PR, or eligible New Zealand citizen, the partner visa pathway may be worth exploring as an opportunity to PR.
If you have an Australian citizen child, a parent visa pathway may also be a feasible option for PR.
How Can Agape Henry Crux Help
Being over 45 on a Subclass 482 doesn’t necessarily mean a closed door to PR. There are alternative pathways depending on your circumstances. Speak with an immigration lawyer for tailored advice, because every case is different and timing matters. 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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