Permanent Residence After 45: A Practical Guide for Skilled Migrants

Many skilled professionals reach the peak of their careers in their forties. They manage teams, lead projects and bring years of knowledge. For skilled migrants, translating this experience into a long-term future in Australia can be complex. Australia’s skilled migration program applies an under‑45 age limit to most permanent pathways, creating a barrier that some see as at odds with real-world career progression.

This tension can be seen in Mike’s case (not his real name). He arrived in Australia at 43 on a Temporary Skill Shortage (subclass 482) visa to work as a consultant for a multinational firm. At the time, Covid-era concessions supported permanent residence pathways beyond age 45. Those concessions were later rolled back, and Mike turned 45 before applying for permanent residence. When he sought advice, he was 46 years old with a visa nearing expiry, a family to support and no clear pathway to PR.

These circumstances are not unique. Many skilled applicants approach or pass their 45th birthday while holding temporary visas, and changing policy settings can alter the options available to them. This article outlines the main permanent residence pathways currently relevant to applicants over 45. Mike’s situation is revisited later in the article.

Standard age exemptions

The Employer Nomination Scheme (subclass 186) and Skilled Employer Sponsored Regional (subclass 494) visas include built-in age exemptions. These can assist applicants over 45 where salary level, occupation or work history meets specific criteria. Exemptions do not apply across all streams, and each case must be assessed based on the applicable legislative settings. As employer sponsored visas, they require a nomination from an Australian business.

Key exemption categories include:

• High-income 482 visa holders – available where earnings meet the Fair Work High Income Threshold (FWHIT) for the required period. The FWHIT for 2025–26 is $183,100.

• Academic and science roles – for teaching, research and specialist scientific positions at universities or recognised research institutions.

• Regional medical practitioners – for GPs, specialists and certain hospital-based clinicians in designated regional areas.

These exemptions create structured options where the role and employment circumstances match the legislative criteria.

Labour agreements

Labour agreements are formal arrangements between the Australian Government and an employer or industry. They are created to address specific skill shortages that cannot be solved with the standard employer-sponsored visa options. The key value of labour agreements for applicants over 45 is the ability to include age concessions that permit applications for the 186 visa or 494 visa.

Primary types include:

• Industry labour agreements – for sectors with persistent workforce shortages.

• Company-specific labour agreements – for shortages unique to a particular business.

• Designated Area Migration Agreements (DAMAs) – regional labour agreements covering a defined area. More on DAMAs below.

  
  

A further subtype exists:

• On-hire labour agreements – for labour-hire providers. These do not provide a permanent residence pathway.

  
  

Across labour agreements, age concessions can allow nomination up to 50 or 55, depending on the occupation and the evidence supporting the business case. These concessions must be formally approved during negotiation with the Department of Home Affairs.

Labour agreements require detailed evidence of skill shortages and organisational capacity. They are generally pursued by established employers with sustained workforce needs.

Designated Area Migration Agreements (DAMAs)

DAMAs are a structured form of labour agreement for regional areas. They provide access to broader occupation lists, age concessions, and other flexibilities not available under standard employer sponsored programs.

Under many DAMAs, age concessions for nomination under the 186 or 494 visa extend to 55, depending on the occupation.

A few established DAMAs include:

• South Australia DAMA – covering occupations across hospitality, agribusiness, trades and health.

• Far North Queensland DAMA – 226 occupations with age concessions of 50 or 55, depending on the role.

• Western Australia DAMA – covering the entire state with age limit up to 55.

  
  

Employers must obtain endorsement from the regional authority before requesting a DAMA-based labour agreement. For businesses in regional areas, this two-step structure can offer more predictability than other labour agreement pathways.

National Innovation visa (subclass 858)

The National Innovation (subclass 858) visa is a selective permanent residence pathway for individuals with outstanding professional achievements. There is no fixed age limit, but applicants aged 55 or over must demonstrate exceptional economic, social or cultural benefit to Australia.

Applications are made by invitation. Candidates submit an expression of interest, which is assessed on various excelence markers such as international impact, recognition and the proposed contribution to Australia.

This pathway typically suits senior researchers, acclaimed innovators, founders and industry leaders with recognised global standing.

Additional pathways for specific groups

Less common permanent residence options remain available for defined groups of applicants over 45. These are relevant to a limited number of individuals under special arrangements and those holding legacy visas:

• Legacy 457 visas - for applicants who held or applied for subclass 457 visas in 2017. Age limit is 50 years.

• Legacy regional pathways (887 visa) - available to individuals holding older regional provisional visas, such as the subclass 489 visa. No age requirement.

• Business and investor visas - new Business Innovation and Investment (Provisional) (subclass 188) visa applications are closed, but existing holders may still progress to the Permanent subclass 888 visa.

• Hong Kong streams - available to Hong Kong SAR and BNO passport holders for the 189 visa or 191 visa, regardless of age.
  

When no over-45 pathway exists

Where no skilled pathway is available, long-term planning may shift towards the applicants’ children. A child who becomes a permanent resident or citizen may later sponsor the parents for a Parent visa, subject to the relevant eligibility criteria.

Mike’s situation – a workable pathway

For Mike, none of the standard pathways were suitable. He did not complete the two-year requirement of the 186 visa in the TRT stream before turning 45, and he did not consider the Direct Entry stream while still age-eligible. His salary did not meet high-income exemption thresholds, and no other exemption category applied. DAMA pathways were not available in his location, and his skills did not align with the National Innovation visa. 

After a review of the employer’s workforce indicated long-standing difficulty sourcing workers for his specialised role, a company-specific labour agreement emerged as the solution to Mike's perment residency journey.

Conclusion

Australia’s migration system places firm age limits on most permanent visa pathways for skilled migrants. Yet several pathways remain open to applicants over 45, often with an additional layer of requirements. The suitability of any option depends on the applicant’s circumstances and, where applicable, the sponsoring employer’s workforce position.

Most pathways require detailed evidence, employer participation and strategic sequencing of temporary and permanent visas. A careful assessment from a migration professional can help identify which options are viable, allowing applicants and their employers to focus their planning on realistic pathways. Stay tuned for more updates on immigration and employer-sponsored visas. Subscribe to the next ImmiUpdate below to stay informed.

For more information please Contact Us or email elan@ryshermigration.com.au

Elan Rysher is a Registered Migration Agent and Qualified Student Counsellor. He is the main Writer for ImmiUpdates and the founder of Rysher Migration.  

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