Important Updates
Important Updates
September 30, 2025 | New ZealandNew Zealand: Major Changes Announced for Skilled Migrant Category Resident Visa
October 2, 2025 | NamibiaNamibia: New Online Visa-on-Arrival Launched
October 2, 2025Somalia: Electronic Travel Authorization Launched
October 1, 2025 | United StatesUnited States: Federal Government Enters a Shutdown, Though Most Immigration Functions Remain in Operation
October 1, 2025 | United StatesUnited States: Senators Grassley and Durbin Introduce H-1B and L-1 Visa Reform Act
September 30, 2025 | New ZealandNew Zealand: Major Changes Announced for Skilled Migrant Category Resident Visa
October 2, 2025 | NamibiaNamibia: New Online Visa-on-Arrival Launched
October 2, 2025Somalia: Electronic Travel Authorization Launched
October 1, 2025 | United StatesUnited States: Federal Government Enters a Shutdown, Though Most Immigration Functions Remain in Operation
October 1, 2025 | United StatesUnited States: Senators Grassley and Durbin Introduce H-1B and L-1 Visa Reform Act
September 30, 2025 | New ZealandNew Zealand: Major Changes Announced for Skilled Migrant Category Resident Visa
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 AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration 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
  • Travel & Mobility Considerations: Situation in the Middle East
  • 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

50 is Not the New 40

September 7, 2016

tarah_lowndes

Country / Territory

  • AustraliaAustralia

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

In 2012 the age threshold under the Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) increased from 45 to 50 years. This also saw the replacement of the “exceptional circumstances” waiver, meaning it is no longer possible to argue your unusual or specialised skill set warrants the waiving of the age criteria – under the current rules there is no discretion, you either meet the age exemptions or you don’t.

Your 50th birthday will also rule out General Skilled Migration (GSM) as a permanent residence option.

But it isn’t all doom and gloom. With the right advice, there may be a permanent residence pathway available for you.

What are the ENS/RSMS age exemptions?

If you turn 50 before you lodge an application for ENS/RSMS, you will only be eligible to apply if you:

  • are nominated as a minister of religion, by a university as a senior academic, or by a government agency as a researcher, scientist or technical specialist, or  
  • are applying under the Direct Entry Stream and you hold a New Zealand Special Purpose visa (subclass 444) or New Zealand Family Relationship visa (subclass 461). You must have been working for your nominating employer for at least 2 years in the 3 years immediately before making the visa application, or
  • are applying under the Temporary Resident Transition Stream and have been working for your nominating employer for at least 4 years and have been earning (excluding mandatory superannuation contributions) at least “the high income threshold” for each of those years. This threshold is set under the Fair Work Act, and is indexed on 1 July each year. The thresholds for the previous four years are: 

 

2013/14

$129,300

2014/15

$133,000

2015/16

$136,700

2016/17

$138,900

 
 
What options do I have if I don’t meet the ENS/RSMS age criteria or exemptions?

If you are 50 or over, I recommend you seek advice on the following –

1. Working with your employer to plan for your future eligibility under the ENS/RSMS exemptions.

2. Your spouse or de facto partner’s options.

If you are in a de facto or spousal relationship with an Australian Citizen or an Australian permanent resident, you may be eligible for Partner Migration - there is no age limit.

If your partner is not an Australian Citizen/permanent resident and they are under 50 years, we can also advise on whether they have ENS/RSMS or GSM options in their own right.

3. Do you have any family in Australia who are Australian permanent residents/citizens or eligible New Zealand citizens?

If yes, you may have options under the Family program.

If either of your parents were born in Australia or holds/held Australian citizenship, you may be eligible for citizenship by descent or resumption.

4. Do you have a business/investment background?

Age restrictions apply (if you are 55 and over) to some applicants for the Business Innovation and Investment program visas (depending on the particular stream being applied for).

Where age restrictions do apply, these can be waived where the nominator (for example, the Business Migration Centre, Western Australia) is of the view that the visa applicant is proposing a business or investment activity of exceptional economic benefit to that state or territory.

For further information on your Australian permanent residence options, please contact me at Fragomen Perth or your local Fragomen contact.

 

Country / Territory

  • AustraliaAustralia

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

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

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Media mentions

The Caterer: Businesses Need to Be Ready for Government Crackdown on Sponsor Licences

Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Learn more

Media mentions

Folha de São Paulo: Taxa de US$ 100 mil para visto dos EUA muda planosde brasileiros; veja opções

Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Learn more

Media mentions

Global Mobility Lawyer: Lawyers Try to Make Sense of Trump’s Confusing H-1B Fee Hike

Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Learn more

Media mentions

Kommunal topinform: Staatsdienst am Limit

Fragomen explores in an article how international recruitment can help solve Germany’s public sector staffing crisis and support the future of essential services.

Learn more

Blog post

UAE Golden Visa: Work Permit Requirements for Employers and Professionals

Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

Learn more

Media mentions

Business Insider: Trump's $100,000 Visa Fee Threatens Wall Street's Pipeline of Junior Bankers and Tech Talent

Partner Bo Cooper explains how proposed H-1B fee and lottery changes impact hiring of skilled international talent across sectors.

Learn more

Media mentions

Asharq Al Awsat: السعودية تمضي مع «رؤية 2030» بدعم التصنيع والتوطين وتوسع الاقتصاد

Partner Haider Hussain underlines the role of talent mobility in shaping future growth sectors in the Kingdom.

Learn more

Fragomen news

Fragomen Spotlighted in Financial Times for 2025 Innovative Lawyers Europe Awards

Fragomen is recognised by the Financial Times for its innovative work in workforce mobility and cross-sector collaboration.

Learn more

Media mentions

Investopedia: ICE Crackdowns Are Changing Workplaces: 37% of Americans Report Feeling Less Safe at Work

Partner Daniel Brown outlines steps companies can take to support employees and maintain smooth operations during compliance-related situations.

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

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Media mentions

The Caterer: Businesses Need to Be Ready for Government Crackdown on Sponsor Licences

Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Learn more

Media mentions

Folha de São Paulo: Taxa de US$ 100 mil para visto dos EUA muda planosde brasileiros; veja opções

Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Learn more

Media mentions

Global Mobility Lawyer: Lawyers Try to Make Sense of Trump’s Confusing H-1B Fee Hike

Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Learn more

Media mentions

Kommunal topinform: Staatsdienst am Limit

Fragomen explores in an article how international recruitment can help solve Germany’s public sector staffing crisis and support the future of essential services.

Learn more

Blog post

UAE Golden Visa: Work Permit Requirements for Employers and Professionals

Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

Learn more

Media mentions

Business Insider: Trump's $100,000 Visa Fee Threatens Wall Street's Pipeline of Junior Bankers and Tech Talent

Partner Bo Cooper explains how proposed H-1B fee and lottery changes impact hiring of skilled international talent across sectors.

Learn more

Media mentions

Asharq Al Awsat: السعودية تمضي مع «رؤية 2030» بدعم التصنيع والتوطين وتوسع الاقتصاد

Partner Haider Hussain underlines the role of talent mobility in shaping future growth sectors in the Kingdom.

Learn more

Fragomen news

Fragomen Spotlighted in Financial Times for 2025 Innovative Lawyers Europe Awards

Fragomen is recognised by the Financial Times for its innovative work in workforce mobility and cross-sector collaboration.

Learn more

Media mentions

Investopedia: ICE Crackdowns Are Changing Workplaces: 37% of Americans Report Feeling Less Safe at Work

Partner Daniel Brown outlines steps companies can take to support employees and maintain smooth operations during compliance-related situations.

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
  • 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

© 2025 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.