Commonwealth legislation

Migration (Age exemption for subclass 186 (Employer Nomination Scheme) visa) Amendment Instrument (LIN 22/047) 2022

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

What this does: This instrument creates a special age exemption for 'legacy 457 workers' applying for permanent employer-sponsored visas (subclass 186).

Who it affects: People who:

Held a subclass 457 visa (the old temporary skilled work visa) on or after 18 April 2017; and
Were physically in Australia for at least 12 months between 1 February 2020 and 14 December 2021 (covering the main COVID-19 pandemic period).

Why it matters: Normally, permanent employer-sponsored visas have a strict age limit of 45 years old. This exemption allows workers who were stuck in Australia during border closures—and may have 'aged out' while waiting for travel restrictions to lift—to still apply for permanent residency through the Employer Nomination Scheme.

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Current sections

Direct links to the current provisions in Migration (Age exemption for subclass 186 (Employer Nomination Scheme) visa) Amendment Instrument (LIN 22/047) 2022.

Migration (Age exemption for subclass 186 (Employer Nomination Scheme) visa) Amendment Instrument (LIN 22/047) 2022

Commonwealth Coat of Arms

LIN 22/047

Migration (Age exemption for subclass 186 (Employer Nomination Scheme) visa) Amendment Instrument (LIN 22/047) 2022

I, Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under paragraph 186.221(b) of Schedule 2 to the Migration Regulations 1994 (the Regulations).

Dated 31 March 2022

The Hon Alex Hawke MP
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

1 Name

This instrument is the Migration (Age exemption for subclass 186 (Employer Nomination Scheme) visa) Amendment Instrument (LIN 22/047) 2022.

2 Commencement

This instrument commences on 1 July 2022.

3 Amendment

Schedule 1 amends Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019 (F2020C01075).

Schedule 1 Amendment

(section 3)

[1] Section 5, after definition of ‘high income threshold’

insert

legacy 457 worker, for a subclass 186 visa application, means a person who:

(a) held a subclass 457 visa on or after 18 April 2017; and

(b) was in Australia for at least 12 months between 1 February 2020 and 14 December 2021.

[2] After paragraph 6(1)(a)

insert

(aa) legacy 457 workers;

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Migration (Age exemption for subclass 186 (Employer Nomination Scheme) visa) Amendment Instrument (LIN 22/047) 2022

LIN 22/047

Migration (Age exemption for subclass 186 (Employer Nomination Scheme) visa) Amendment Instrument (LIN 22/047) 2022

Dated 31 March 2022

The Hon Alex Hawke MP
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

1 Name

This instrument is the Migration (Age exemption for subclass 186 (Employer Nomination Scheme) visa) Amendment Instrument (LIN 22/047) 2022.

2 Commencement

This instrument commences on 1 July 2022.

3 Amendment

Schedule 1 amends Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019 (F2020C01075).

Schedule 1 Amendment

(section 3)

[1] Section 5, after definition of ‘high income threshold’

insert

legacy 457 worker, for a subclass 186 visa application, means a person who:

(a) held a subclass 457 visa on or after 18 April 2017; and

(b) was in Australia for at least 12 months between 1 February 2020 and 14 December 2021.

[2] After paragraph 6(1)(a)

insert

(aa) legacy 457 workers;