Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019

Exemptions from skill, age, and English language requirements

Subclass 186 visas

Temporary Residence Transition stream—Age Requirement Exemption

If you fall into any of the following categories, you are exempt from the age requirement outlined in paragraph 186.221(b) of Schedule 2 to the Regulations:

  • Academic applicants
  • Legacy 457 workers
  • Regional medical practitioner applicants
  • Science applicants
  • Subclass 457/482 workers
  • Transitional 457 workers under 50

Direct Entry stream—Age and Skills Requirement Exemptions

For this stream, individuals in the following groups are exempt from both the age and skills requirements stated in paragraph 186.231(b) and subclause 186.234(3) of Schedule 2 to the Regulations:

  • Academic applicants
  • Science applicants
  • Subclass 444/461 workers

Subclass 187 visas—Temporary Residence Transition stream

Exemption from Age Requirement

You are exempt from the age requirement specified in paragraph 187.221(b) of Schedule 2 to the Regulations if you fall into any of the following groups:

  • Academic applicants
  • Regional medical practitioner applicants
  • Science applicants
  • Subclass 457/482 workers
  • Transitional 457 workers under 50

Exemption from English Language Requirement

For paragraph 187.222(b) of Schedule 2 to the Regulations, a specific group is specified for Subclass 187 (Regional Sponsored Migration Scheme) visa applications. This exemption applies if, at the time of submitting the visa application, you have completed a minimum of 5 years of full-time study in an educational institution where all instruction was in English.

Subclass 494 visas—Employer Sponsored stream

Exemption from Age Requirement

Under subclause 494.223(2) of Schedule 2 to the Regulations, you are not required to be under 45 for Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas in the Employer Sponsored stream in the following circumstances:

  • You are an academic applicant
  • You are a regional medical practitioner applicant
  • You are a science applicant
  • You are a Subclass 444/461 worker
  • You are a Subclass 457/482 worker

Exemption from Skills and Employment History Requirements

As outlined in subclause 494.224(7) of Schedule 2 to the Regulations, the stipulations of subclauses 494.224(2) to (5) of that Schedule need not be met for Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas in the Employer Sponsored stream under either of the following conditions:

  • You are an academic applicant
  • You are a Subclass 444/461 worker

Exemption from Employment Duration Requirement

Pursuant to subclause 494.225(2) of Schedule 2 to the Regulations, you are not obligated to have been employed as outlined in paragraph 494.225(1)(a) of that Schedule for Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas in the Employer Sponsored stream under either of the following circumstances:

  • You are an academic applicant
  • You are a Subclass 444/461 worker

Written by Ross Ahmadzai

21 Dec, 2023

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