Is There a Pathway to Permanent Residence Under the Employer Nomination Scheme for Persons Over the Age of 50?

In most cases, the answer to this is “No”, however there are a number of exceptions which it is important to be aware of.

Under the migration regulations there are a number of classes of person who are exempt from the age criteria. These are as follows:

- Ministers of religion who have applied for a visa to occupy a position as nominated by a religious institution, or,

- certain researchers, scientists and technical specialists who have applied for a visa to occupy a position nominated by an Australian scientific government agency; or,

- certain senior academics who have applied for a visa to occupy a position nominated by a university in Australia,

- persons who have been working for the nominating employer as the holder of a subclass 457 visa for at least the 4 years immediately before applying and whose annual earnings for each year in the four-year period was at least equivalent to the Fair Work High Income Threshold (currently $129,300), or,

- certain medical practitioners.

Anyone over the age of 50 who believes their circumstances may match any of those outlined above should seek legal advice in relation to their permanent prospects.