Applicants must be under 45 years of age at the time the visa application is lodged. This is assessed strictly – being 45 years and one day at lodgement means you are ineligible without an exemption, regardless of how strong your application is otherwise.
Some age exemptions do apply. Certain occupations – particularly in healthcare, teaching, and academia – may allow applicants over 45 to apply. These exemptions are set by the Minister and are updated periodically, so it is worth checking the Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019 if you are approaching the age limit.
Separate age exemption is available to applicants under the Transition stream where they held a 482/457 visa (regardless of their professional occupation/background), and had been paid above the Fair Work High Income Threshold for at least 2 years prior to applying for the 186 visa.
For applicants in their early to mid 40s, timing becomes a genuine strategic consideration. If your 186 application is likely to take several months to prepare – for instance because a skills assessment is needed – lodging before you turn 45 may need to be prioritised over getting every other element of the application perfect.
We have seen cases where clients were caught out by delays in the employer’s nomination process that pushed their lodgement date past their 45th birthday. The visa application can only be submitted after the nomination application is submitted. If age is a factor in your situation, raise it early.