186 TRT Age Exemptions for Applicants Aged 45 and Over
The subclass 186 Employer Nomination Scheme Temporary Residence Transition stream usually requires the applicant to be under 45 at the time of application. However, the regulations provide defined exemptions. A 186 TRT age exemption is not a general discretion: the applicant must fit an exemption category and prove it.
Current 186 TRT age rule
Home Affairs states that TRT applicants are usually required to be under 45 when they apply. Applicants aged 45 or over should identify the exemption before lodging rather than assume that years of service with the employer will be enough.
High-income sponsored workers
One important exemption applies to certain subclass 457 or 482 holders who have worked in eligible sponsored employment for at least two years during the three years immediately before applying and whose earnings for each relevant year were at least the Fair Work High Income Threshold.
This requires careful evidence. It is not enough that the current salary exceeds the threshold today. The historical earnings for each required year need to be established under the applicable rules.
Academics
Home Affairs identifies an exemption for applicants nominated as specified university academics. The nominated position and institution must fit the relevant category.
Scientists, researchers and technical specialists
An exemption can also apply to specified scientists, researchers and technical specialists nominated by an Australian scientific government agency or Australian university. The occupation and nominating organisation both matter.
Regional medical practitioners
Home Affairs also publishes an exemption for certain medical practitioners who have worked in the occupation in a designated regional area for the required period while holding the relevant sponsored visa and whose nominated position is regional.
Legacy subclass 457 transitional arrangements
Some long-standing Subclass 457 holders may rely on historical transitional provisions. Check these rules against the current legislation, as they depend on visa history and key dates rather than assumptions based on an old grant notice.
What counts as eligible sponsored employment?
The TRT stream currently requires eligible sponsored employment for the relevant qualifying period. Home Affairs explains that work must meet requirements concerning full-time employment, Australia, visa status and the occupation the person was approved to perform.
If the worker changed employers, had unpaid leave, changed occupation or held bridging visas during the period, the timeline should be mapped carefully.
Evidence for a high-income exemption
Useful evidence can include:
- PAYG income statements and tax returns;
- payslips covering the relevant period;
- employment contracts and salary-change letters;
- bank evidence where needed;
- superannuation records;
- visa and nomination history; and
- documents explaining unpaid leave or employment gaps.
Do not confuse salary thresholds
The Fair Work High Income Threshold used for an age exemption differs from the skilled visa income thresholds that apply to nomination criteria. Identify the correct threshold and applicable year before applying either requirement.
Timing matters
Applicants approaching or already over 45 should review the pathway before the employer lodges a nomination. If the applicant cannot establish an exemption, they may need to explore a different visa pathway or labour agreement strategy.
Our subclass 186 requirements guide explains the broader eligibility framework.
If you are 45 or over and considering the 186 TRT stream, contact Emigrate Lawyers to assess the exemption evidence and employment timeline.
Related guide: visa options over 45 in Australia places the TRT exemption within the wider migration strategy.
Official resource: Home Affairs subclass 186 TRT guidance.
This article is general information only. Age-exemption rules and thresholds can change and should be checked at the time of application.
Related Insights:
- 186 TRT Two-Year Work Requirement: Unpaid Leave, Employer Changes, and What Counts
- 186 Visa Refused After Nomination Approval: ART Review or New Application?
- 186 Nomination Refused: Employer Review Rights and Visa Consequences
Madhab Kharel
Principal Lawyer & Director, Emigrate Lawyers
Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.
Reviewed by Madhab Kharel, Principal Lawyer
Date reviewed: 19 September 2026
