Important Updates
Important Updates
April 15, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
April 16, 2026 | United StatesEB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India
April 16, 2026 | United StatesUnited States: Air Travel Resumes Between the United States and Venezuela
April 15, 2026 | United Kingdom, United Arab EmiratesCitywealth: Tens of Thousands Leave the Gulf for the UK, For Now
April 15, 2026 | GermanyEnergiewirtschaftliche Tagesfragen: Mitarbeiter aus Drittstaaten im Offshore-Einsatz - Wenn Seemeilen über Legalität entscheiden
April 15, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
April 16, 2026 | United StatesEB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India
April 16, 2026 | United StatesUnited States: Air Travel Resumes Between the United States and Venezuela
April 15, 2026 | United Kingdom, United Arab EmiratesCitywealth: Tens of Thousands Leave the Gulf for the UK, For Now
April 15, 2026 | GermanyEnergiewirtschaftliche Tagesfragen: Mitarbeiter aus Drittstaaten im Offshore-Einsatz - Wenn Seemeilen über Legalität entscheiden
April 15, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
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

50 is Not the New 40

September 7, 2016

tarah_lowndes

Country / Territory

  • AustraliaAustralia

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 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 offices

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

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

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

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 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

EB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India

Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.

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

Media mentions

Energiewirtschaftliche Tagesfragen: Mitarbeiter aus Drittstaaten im Offshore-Einsatz - Wenn Seemeilen über Legalität entscheiden

Senior Manager Katharina Vorländer examines how immigration rules for offshore wind projects in Germany hinge on nautical boundaries and why careful personnel planning is essential to avoid compliance risks.

Learn more

Media mentions

Gazeta Prawna: Zatrudnienie Kolumbijczyków, Gruzinów i Wenezuelczyków tylko na podstawie wizy i właściwego zezwolenia sprzeczne z ustawą.

Poland Immigration Strategy Director Tomasz Rogala comments on a draft regulation restricting work for citizens of Georgia, Colombia and Venezuela in Poland during visa-free stays.

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

Media mentions

EB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India

Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.

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

Media mentions

Energiewirtschaftliche Tagesfragen: Mitarbeiter aus Drittstaaten im Offshore-Einsatz - Wenn Seemeilen über Legalität entscheiden

Senior Manager Katharina Vorländer examines how immigration rules for offshore wind projects in Germany hinge on nautical boundaries and why careful personnel planning is essential to avoid compliance risks.

Learn more

Media mentions

Gazeta Prawna: Zatrudnienie Kolumbijczyków, Gruzinów i Wenezuelczyków tylko na podstawie wizy i właściwego zezwolenia sprzeczne z ustawą.

Poland Immigration Strategy Director Tomasz Rogala comments on a draft regulation restricting work for citizens of Georgia, Colombia and Venezuela in Poland during visa-free stays.

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

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.