Important Updates
Important Updates
April 15, 2026 | SpainSpain: Law Regularizing Irregular Foreign Nationals in Effect
April 15, 2026 | United Kingdom, United Arab EmiratesCitywealth: Tens of Thousands Leave the Gulf for the UK, For Now
April 15, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
April 15, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
April 15, 2026 | PeruPeru: Closure of Most Immigration Offices in Lima Causes Delays for Biometrics Processing and Collection of Identity Cards
April 15, 2026 | SpainSpain: Law Regularizing Irregular Foreign Nationals in Effect
April 15, 2026 | United Kingdom, United Arab EmiratesCitywealth: Tens of Thousands Leave the Gulf for the UK, For Now
April 15, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
April 15, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
April 15, 2026 | PeruPeru: Closure of Most Immigration Offices in Lima Causes Delays for Biometrics Processing and Collection of Identity Cards
April 15, 2026 | SpainSpain: Law Regularizing Irregular Foreign Nationals in Effect
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • 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

Fragomen in Melbourne, Australia, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Fragomen in Melbourne, Australia, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Fragomen in Melbourne, Australia, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in 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

Fragomen in Melbourne, Australia, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Fragomen in Melbourne, Australia, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Fragomen in Melbourne, Australia, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Citywealth: Tens of Thousands Leave the Gulf for the UK, For Now

Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.

Learn more

Awards

Four Fragomen Attorneys Recognised by The Best Lawyers™ in Australia

Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.

Learn more

Awards

Fragomen Shortlisted Across Multiple Categories in 2026 EMMA Awards

Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Work authorization

Portugal’s Golden Visa and the Pathway to EU Citizenship

Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.

Learn more

Media mentions

Mens en Migratie: Behind the Scenes—Recognised Sponsorship

In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.

Learn more

Media mentions

Aviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes

Manager Adam Hickling outlines how proposed UK settlement reforms may affect the aviation sector’s ability to attract and retain skilled engineers and technicians.

Learn more

Video

Business Travelers into Switzerland | #MobilityMinute

Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.

Learn more

Video

Mexico: Bienvenidos! Immigration Rules for the World Cup in Mexico | #FragomenFC - Ep.17

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.

Learn more

Video

Brazil Offshore Visa: Key Requirements Explained

Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.

Learn more

Media mentions

EB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas

Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.

Learn more

Media mentions

EB-5 Essentials: EB-5 for Africa and MENA: Processing Timelines, Travel Bans, and the 2026 Deadline

Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.

Learn more

Media mentions

Citywealth: Tens of Thousands Leave the Gulf for the UK, For Now

Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.

Learn more

Awards

Four Fragomen Attorneys Recognised by The Best Lawyers™ in Australia

Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.

Learn more

Awards

Fragomen Shortlisted Across Multiple Categories in 2026 EMMA Awards

Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Work authorization

Portugal’s Golden Visa and the Pathway to EU Citizenship

Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.

Learn more

Media mentions

Mens en Migratie: Behind the Scenes—Recognised Sponsorship

In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.

Learn more

Media mentions

Aviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes

Manager Adam Hickling outlines how proposed UK settlement reforms may affect the aviation sector’s ability to attract and retain skilled engineers and technicians.

Learn more

Video

Business Travelers into Switzerland | #MobilityMinute

Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.

Learn more

Video

Mexico: Bienvenidos! Immigration Rules for the World Cup in Mexico | #FragomenFC - Ep.17

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.

Learn more

Video

Brazil Offshore Visa: Key Requirements Explained

Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.

Learn more

Media mentions

EB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas

Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.

Learn more

Media mentions

EB-5 Essentials: EB-5 for Africa and MENA: Processing Timelines, Travel Bans, and the 2026 Deadline

Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.

Learn 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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • 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.