1131 - Employer Sponsored Migration - 5

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Employer Sponsored
Part 2: Categories
Exceptional circumstances
Age
All requests for consideration of exceptional circumstances in relation to age are
assessed at the visa application stage. You may ask your employer to provide information
to support any claims of exceptional circumstances.
IMPORTANT
The age criterion must be satisfied when you first apply for the visa. You should
provide evidence that you satisfy the criterion or provide a detailed submission to
support a request for exceptional circumstances with your visa application.
You must be less than 45 years old when you lodge your Labour Agreement visa
application, unless you can demonstrate that exceptional circumstances apply to your
case.
The following guidelines should be considered as part of your detailed submission:
• If you are 45 to less than 50 years old, the circumstances may be considered
exceptional if:
– the position is essential to the operation of the business; and
– your employer demonstrates that it is not possible to find, in Australia or overseas,
a suitably qualified person who is younger than you.
• If you are 50 to less than 55 years old, the circumstances may be considered
exceptional if:
– the position is an ASCO major group 1 to 3 occupation;
– the position is essential to the operation of the business; and
– your employer demonstrates that it is not possible to find, in Australia or overseas,
a suitably qualified person who is younger than you.
• If the applicant is 55 to less than 60 years old, the circumstances may be considered
exceptional if the:
– the position is an ASCO major group 1 to 2 occupation;
– the position would normally require a person with specialised skills and experience
that were acquired over many years (for example senior academics, researchers or
scientists); and
– the employer demonstrates that the position is so unusual or highly specialised
that it was not possible to find, in Australia or overseas, a suitably qualified person
who is younger than you.
Applicants who are 60 years or older are not generally considered under the exceptional
circumstances provisions.