This is one of the most precise and most frequently asked questions I receive from specialist doctors who have migrated here, and the answer — as it was set out in a detailed discussion with Dr Sirous Ahmadi, Australian registered migration agent (Registered MARA agent, MARN 0854826) — has several layers: the employer nomination layer, the age exemption layer, and the question of which employer you have been working for. Drawing on years of professional focus on Employer Sponsored matters, Dr Ahmadi walks through this pathway step by step so that the timeline of your case is clear before you spend a single dollar.
The short answer
Yes — the subclass 186 permanent residence visa (TRT stream) cannot proceed without an approved employer nomination, and no exemption removes that requirement. However, for an applicant over 45, the “high income” age exemption only works if the required period of employment (under LIN 19/216) has been completed with the same nominating employer, in the same nominated occupation, and while holding a subclass 457/482 visa. Changing sponsor in February 2025 restarts that clock.
What the law says
1) A nomination is a formal application, not a letter of support. Under section 140GB of the Migration Act 1958, the sponsoring employer must lodge the nomination as a separate application with the Department of Home Affairs, and that nomination must be approved. In the TRT stream of the subclass 186 visa, the employer undertakes through the nomination to employ you in that same position, on a full-time basis, for at least two years. So the answer to the first part of your question is a clear yes: without action from your employer, there is simply no subclass 186 application to make.
2) The age requirement and its exemptions. Clause 186.221 of Part 186 of Schedule 2 to the Migration Regulations 1994 requires that the applicant has not turned 45 at the time of application, unless they fall within one of the exempt classes specified in the relevant legislative instrument. The governing instrument here is LIN 19/216, which prescribes the classes of persons exempt from the age requirement for subclasses 186, 187 and 494. You arrived in Australia at the age of 47, so unless you fall within one of those classes, your subclass 186 application runs into clause 186.221 from the outset.
3) What does the “Subclass 457/482 worker” class (the high income exemption) actually require? This class is not simply “two years of income above the threshold”. LIN 19/216 builds it on three concurrent limbs: (a) employment with the same employer who has made the nomination related to this visa application; (b) employment in the same nominated occupation related to the visa application; and (c) across that period, earnings at or above the Fair Work high income threshold (FWHIT) for each of those years. The original version of the instrument used a three-year period, and the 2023 amending instrument (“Expanding Access to the TRT Stream”) shortened it. That means in every case you must check the version of LIN 19/216 in force at the date of lodgement, to establish whether the period is “2 years out of the last 3” or “3 years”. The decisive point is the same under either version: those years must be with the nominating employer.
4) What “earnings” means. The FWHIT is assessed by reference to the definition of “earnings” in section 332 of the Fair Work Act 2009, and it is indexed each year on 1 July. The figure published by the Fair Work Commission was $175,000 at the date that page was published, and the figure for each relevant financial year must be checked separately. Two technical points: first, earnings are not the same as “taxable income” (for example, certain variable payments and overtime are not counted); second, the assessment periods are the 12-month periods ending at the time of lodgement, not simply “the 2025 and 2026 financial years”. Your documentation — employment contract, payslips and ATO records — must be aligned to those exact 12-month periods.
5) The regional medical practitioner exemption (ANZSCO 253). LIN 19/216 contains a separate class for medical practitioners, but it carries two concurrent conditions: the nominated position must be in a designated regional area, and the applicant must have worked as a medical practitioner in a regional area for at least two of the last three years. In your situation — roughly 1.5 years of regional employment and a move to a metropolitan position from February 2025 — neither condition is currently met.
6) The TRT work experience requirement is separate from the age exemption. The TRT stream independently requires that you have worked full-time in the nominated occupation, for the nominating employer, while holding a subclass 482/457 visa. In other words, even once the age issue is resolved, this second requirement must be established in its own right.
The key requirements at a glance
| Issue | Legal basis | Position in your case |
|---|---|---|
| Employer nomination (formal application + undertaking of full-time employment for at least 2 years) | Section 140GB of the Migration Act 1958; official subclass 186 visa page | Mandatory, with no alternative — your employer must act |
| Under 45 at the time of application | Clause 186.221 of Schedule 2 to the Migration Regulations 1994 | Not met; you require an exemption |
| High income exemption: employment with the same nominating employer and in the same nominated occupation while holding a subclass 457/482 visa | LIN 19/216 (version in force) | The sponsor change in February 2025 restarted the count; the two-year period falls around February 2027 |
| Earnings at or above the FWHIT for each relevant year | Section 332 of the Fair Work Act 2009; threshold published by the Fair Work Commission ($175,000 at the date of publication; indexed annually on 1 July) | Must be documented for the 12-month periods ending at lodgement, using the statutory definition of earnings |
| Regional medical practitioner exemption: nominated position in a regional area + 2 of the last 3 years of regional medical practice | LIN 19/216; list of designated regional areas (Home Affairs) | Not available (1.5 years regional and a current metropolitan position) |
| TRT stream work experience (separate from the age exemption) | Part 186 of Schedule 2 to the Migration Regulations 1994 | Must be established separately, and with the same nominating employer |
What this means for you
As Dr Sirous Ahmadi explains, the practical answer in your case comes in two parts. The first part is straightforward: yes, your current employer must formally lodge the subclass 186 nomination, and its approval is a precondition to the visa application; no exemption removes that step. The second part is the one that sets your timeline: your high-income years with your former employer are very unlikely to count towards the age exemption, because LIN 19/216 ties the required period to employment with the “nominating employer” in the “nominated occupation”. With the sponsor change in February 2025, the two-year period naturally completes around February 2027 — and lodging earlier carries the risk of a visa refusal after the nomination costs have already been paid.
For that reason, my professional advice is to do three things before taking any step: (1) confirm the exact start date of your employment with your current employer and check that your current role’s ANZSCO code aligns with the future nomination; (2) calculate earnings under section 332 of the Fair Work Act for the 12-month periods ending at the likely lodgement date, and assemble the evidence pack (contract, payslips, ATO records); and (3) review alternative or parallel pathways, including the subclass 494 (regional employer sponsored), a Labour Agreement or DAMA that allows for a higher age, or a return to a nominated regional position that would activate the regional medical practitioner exemption. Your medical specialty is a genuine asset on all three pathways; what needs managing is the timing and choosing the right stream.
The good news is that, with proper planning, this is not a dead end — it is a matter of sequence. As a Registered MARA agent focused on employer sponsorship matters and health professionals, the office of Dr Sirous Ahmadi maps out exactly this timeline for each client, tailored to their circumstances and based on the version of the regulations in force.
Sources
- Migration Act 1958 (section 140GB — employer nomination) — Federal Register of Legislation: legislation.gov.au/C1958A00062/latest/text
- Migration Regulations 1994 — Schedule 2, Part 186 (including clause 186.221) — Federal Register of Legislation: legislation.gov.au/F1996B03551/latest/text
- Migration (LIN 19/216: Classes of Persons Exempt from the Age Requirement) Instrument — Federal Register of Legislation (search for the version in force): legislation.gov.au
- Fair Work Act 2009 (section 332 — definition of earnings) — Federal Register of Legislation: legislation.gov.au/C2009A00028/latest/text
- High income threshold — Fair Work Commission (published threshold and annual indexation on 1 July): fwc.gov.au — high income threshold
- Employer Nomination Scheme visa (subclass 186) — Department of Home Affairs: immi.homeaffairs.gov.au — subclass 186
- Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) — Department of Home Affairs: immi.homeaffairs.gov.au — subclass 494
- Designated regional areas — Department of Home Affairs: immi.homeaffairs.gov.au — regional areas
- Labour agreements — Department of Home Affairs: immi.homeaffairs.gov.au — labour agreements
Your case has a timeline — let’s get it exactly right
If you are a specialist doctor whose case turns on age, a sponsor change and an income threshold all at once, the difference between a refusal and an approval is usually a few months of timing and a few pages of the right evidence. In a dedicated consultation with Dr Sirous Ahmadi, Australian registered migration agent and Registered MARA agent (MARN 0854826), we will review your exact employment start date, the ANZSCO alignment, the earnings calculation under section 332 of the Fair Work Act, and parallel options such as the subclass 494 or a Labour Agreement — so you know precisely when to lodge and on which pathway. Bring your employment records and payslips; with those documents in hand, we can map out a clear route to your permanent residence.
Frequently asked questions
Can I apply for the subclass 186 visa (TRT stream) without an employer nomination?
No. The subclass 186 is an employer sponsored visa, and under section 140GB of the Migration Act 1958 the sponsoring employer must lodge the nomination as a formal application with the Department of Home Affairs, and that nomination must be approved. A nomination is not simply a “letter of support from the employer”, and no exemption — including the age exemption — removes this step.
I have had two years of income above the FWHIT. Is that enough for the age exemption?
Not on its own. The “Subclass 457/482 worker” class in LIN 19/216 has three concurrent requirements: employment with the same employer who is making the nomination, in the same nominated occupation, while you held a subclass 457/482 visa — and earnings at or above the FWHIT for each of the relevant years.
How does changing sponsor in February 2025 affect my age exemption?
Because the required period must be completed with the nominating employer, your high-income years with your previous employer are very unlikely to count, and the clock starts again from February 2025 — meaning the two-year period completes around February 2027. The version of LIN 19/216 in force at the date of lodgement must be checked to establish whether the period is “2 years out of the last 3” or “3 years”.
Why isn’t the regional medical practitioner exemption available to me?
That exemption has two concurrent requirements: the nominated position must be in a designated regional area, and the applicant must have worked as a medical practitioner in a regional area for at least two of the last three years. With roughly 1.5 years of regional employment and a metropolitan position since February 2025, neither requirement is met.
What exactly does “earnings” mean for the high income threshold?
The FWHIT is assessed using the definition of earnings in section 332 of the Fair Work Act 2009, which is not the same as “taxable income”. The threshold is indexed every year on 1 July (the figure published by the Fair Work Commission was $175,000 at the time the official page was published), and it must be documented for the 12-month periods ending at lodgement, using your contract, payslips and ATO records.
If the age exemption is not met in time, what options do I have?
Options worth reviewing include the subclass 494 visa (regional employer sponsored), a Labour Agreement or DAMA pathway that allows for a higher age, and a return to a nominated position in a designated regional area to activate the regional medical practitioner exemption. Choosing between these pathways depends on your employment timeline and your employer’s circumstances.
This answer reflects the law and policy as verified on October 8, 2026. Immigration rules change frequently — confirm the current position before acting.
Dr. Sirous Ahmadi Registered Migration Agent 0854826
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.