Navigating Age Exemptions for the Subclass 186 Visa: What You Need to Know in 2025–26
The Subclass 186, Employer Nomination Scheme (ENS) visa offers a pathway to permanent residency in Australia for skilled workers nominated by an Australian employer. Typically, applicants must be under 45 years of age at the time of application. However, several exemptions allow individuals over this age limit to qualify. Understanding these exemptions is crucial for both employers and prospective applicants, especially with recent updates to the Fair Work High Income Threshold (FWHIT).
Understanding the Age Requirement and Its Exemptions
While the standard age limit for the Subclass 186 visa is under 45 years, certain applicants can qualify for exemptions under specific conditions. These exemptions are particularly relevant under the Temporary Residence Transition (TRT) stream of the visa.
Key Age Exemptions Include:
High-Income Earners: Applicants who have earned above the FWHIT for at least two of the three years immediately before applying.
Academic Applicants: Individuals nominated as a senior academic (e.g., university lecturer or faculty head) by an Australian university.
Legacy 457 Workers: Those who held a Subclass 457 visa on or after 18 April 2017 and were in Australia for at least 12 months between 1 February 2020 and 14 December 2021.
Regional Medical Practitioners: Medical practitioners who have worked in regional Australia for at least two of the last three years.
Science Applicants: Researchers, scientists, or technical specialists nominated by an Australian government scientific agency or university.
Subclass 444/461 Visa Holders: New Zealand citizens and their family members who have worked for the nominating employer for at least two of the last three years.
Fair Work High Income Threshold (FWHIT) Updates
The FWHIT is a critical factor for high-income earners seeking age exemptions. It is indexed annually and reflects changes in average earnings. The thresholds for recent years are:
2022–2023: $162,000
2023–2024: $167,500
2024–2025: $175,000
2025–2026: $183,100
Applicants must demonstrate that their earnings met or exceeded the applicable FWHIT for at least two of the three years immediately before lodging their visa application.
Defining 'Earnings' Under the FWHIT
Understanding what constitutes 'earnings' is essential for meeting the FWHIT criteria:
Included in Earnings:
Wages or salary
Agreed value of non-monetary benefits (e.g., housing, vehicle)
Amounts dealt with on the employee’s behalf or as directed by the employee
Excluded from Earnings:
Overtime payments (unless guaranteed)
Incentive-based payments and bonuses
Reimbursements (e.g., per diem allowances)
Compulsory superannuation contributions
It's important to note that any superannuation paid in excess of compulsory contributions may be included in the calculation of earnings.
Strategic Considerations for Employers and Applicants
With the FWHIT increasing to $183,100 from 1 July 2025, employers and applicants should:
Review Compensation: Ensure that the applicant's earnings meet or exceed the required threshold for the relevant years.
Document Earnings: Maintain thorough records, including payslips, tax returns, and employment contracts, to substantiate earnings.
Plan Application Timing: Consider the timing of the visa application to align with periods where the earnings threshold was met.
Frequently Asked Questions (FAQs)
Q1: Can applicants over 45 apply for the Subclass 186 visa?
Yes, provided they meet specific exemption criteria, such as being a high-income earner or holding certain academic or medical positions.
Q2: How is the FWHIT determined?
The FWHIT is indexed annually by the Fair Work Commission and reflects changes in average earnings.
Q3: Do non-monetary benefits count towards the FWHIT?
Yes, if a reasonable monetary value has been agreed upon between the employer and employee.
Q4: Are bonuses and commissions included in the FWHIT calculation?
No, payments that cannot be determined in advance, such as bonuses and commissions, are excluded.
Q5: What documentation is required to prove earnings?
Applicants should provide evidence such as payslips, tax returns, and employment contracts to substantiate their earnings.
Need Assistance?
Navigating the complexities of age exemptions and the Subclass 186 visa can be challenging. At One Planet Migration, our experienced team is here to guide you through every step of the process.
📞 Contact us today for a consultation and take the first step towards securing your future in Australia.
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Note: The information provided in this article is meant for general informational purposes only and should not be interpreted as legal advice. Although we strive to provide accurate and useful information, the nuances of Australian immigration law demand personalised advice from legal professionals. Given the dynamic nature of migration regulations, it is essential to consult with experienced immigration experts for up-to-date insights tailored to your individual circumstances. We strongly advise seeking professional guidance to navigate the complexities of Australian immigration law effectively and to achieve the most favorable outcomes for your immigration journey.
