Important Updates
Important Updates
January 15, 2026 | MalaysiaMalaysia: Minimum Salary Requirements for Employment Pass To Be Increased
January 16, 2026 | Republic of Korea (South Korea)South Korea: Longer Processing Times and Increased Security of D-8 and D-9 Visa Applications
January 16, 2026 | United KingdomUnited Kingdom: Hong Kong SAR Chinese and Taiwan Youth Mobility Scheme Ballot to Open February 10, 2026
January 15, 2026 | GuyanaGuyana: Approval Validity Reduced, Work Authorization Timelines Tightened
January 15, 2026 | KuwaitKuwait: New Immigration Rules Increase Residency and Visa Stay Periods, Clarify Visit Visa Conversion, Relax Passport Requirements, Increase Fees
January 15, 2026 | MalaysiaMalaysia: Minimum Salary Requirements for Employment Pass To Be Increased
January 16, 2026 | Republic of Korea (South Korea)South Korea: Longer Processing Times and Increased Security of D-8 and D-9 Visa Applications
January 16, 2026 | United KingdomUnited Kingdom: Hong Kong SAR Chinese and Taiwan Youth Mobility Scheme Ballot to Open February 10, 2026
January 15, 2026 | GuyanaGuyana: Approval Validity Reduced, Work Authorization Timelines Tightened
January 15, 2026 | KuwaitKuwait: New Immigration Rules Increase Residency and Visa Stay Periods, Clarify Visit Visa Conversion, Relax Passport Requirements, Increase Fees
January 15, 2026 | MalaysiaMalaysia: Minimum Salary Requirements for Employment Pass To Be Increased
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Over 50? Overcoming the Hurdles to Employer-sponsored Permanent Residence

November 9, 2015

Countries / Territories

  • 🌐

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Chris Spentzaris

While applicants for permanent residence sponsored by their employer must usually be aged under 50 years old, there are some important age exemptions available.  These exemptions relate to high salary, occupation, or New Zealand citizenship, and if you can meet requirements for one of these exemptions, then you can actually be any age when you apply.
 
The requirements are however strict and you sometimes also need to be careful about any adult-aged children who you are wishing to include. Being able to include them will sometimes require careful planning, well in advance.
 
Nonsensical requirements?
 
If you are applying for an age exemption on the basis of being a high salary earner or medical practitioner in regional Australia, the requirements are quite cumbersome. The law usually requires you to have held a 457 visa for at least four years with the same employer.  It will usually also require you to hold a second 457 visa - even for just a day or two - before being able to apply for permanent residence.  This can add an additional hurdle to the process, although with appropriate planning and advice, these inconveniences can be minimised so that an application is submitted soon after being eligible.
 
The high salary exemption
 
The age exemption most used by visa applicants relates to high salary earners.  These people must have worked on a 457 visa for at least four years for the same employer who is now nominating them for permanent residence, including in the same occupation for at least the past two years.  They must also have been receiving a high salary– with annual ‘earnings’ at least at the Fair Work High Income Threshold (FWHIT) throughout those four years. That threshold, which is set by Fair Work Australia, is adjusted annually as a result of Fair Work Commission annual wage reviews.  For the past five years, the threshold has been as follows:
 
  • July 2011 - June 2012: $118,100
  • July 2012 - June 2013: $123,300
  • July 2013 - June 2014: $129,300
  • July 2014 - June 2015: $133,000
  • July 2015 - June 2016: $136,300
 
Occupational and New Zealand citizen exemptions
 
Other exemptions to the age limit include certain applicants who are:
  
  • Skilled researchers, scientists and technical specialists who are nominated by Australian scientific government agencies;
  • Senior academics who are nominated by an Australian university for the academic position in Australia of university lecturer, or faculty head, (at academic level B, C, D or E);
  • Medical practitioners nominated for a position in regional Australia, who have previously worked for at least two years in regional Australia and who meet certain other requirements; and
  • New Zealand citizens, or their family members, who have been working in their nominated occupation in Australia for their employer for at least two out of the past three years.
 
How can Fragomen assist
 
We can assist you by conducting an in-depth eligibility assessment if you are approaching 50, or if you are already aged over 50.  Our assessment will confirm if and when you can apply, and it will also include important strategic planning for any of your children who will be aged over 18 years and who are potentially at risk of not being eligible to be included. 
 
For further information on these requirements, or for advice on a particular situation, please contact me on +61 3 9613 9333 or [email protected].

Countries / Territories

  • 🌐

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Westlaw Today: US Green Card by Investment: EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.

Learn more

Blog post

Why Degree Equivalency Matters in the UAE 

Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.

Learn more

Video

Applying for German Citizenship: A Guide to Naturalization

Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

The PIE: What Maduro’s Seizure Means for Venezuelan Students Abroad

Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more
Generic Insights

Media mentions

Gazeta Prawna: Cudzoziemców też chroni konstytucja

Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Fragomen news

Cosmina Morariu Named Managing Partner of Fragomen’s Canadian PracticeLearn more

Media mentions

Westlaw Today: US Green Card by Investment: EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.

Learn more

Blog post

Why Degree Equivalency Matters in the UAE 

Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.

Learn more

Video

Applying for German Citizenship: A Guide to Naturalization

Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

The PIE: What Maduro’s Seizure Means for Venezuelan Students Abroad

Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more
Generic Insights

Media mentions

Gazeta Prawna: Cudzoziemców też chroni konstytucja

Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Fragomen news

Cosmina Morariu Named Managing Partner of Fragomen’s Canadian PracticeLearn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.