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Australian Migration Law Magazine

My spouse is 49 with 22 years in construction project management — is there a pathway to Australia for someone over 45?

Reviewed by Dr. Sirous Ahmadi · MARN 0854826 12 min read

This is one of the most frequent concerns raised by skilled Iranian families, and the answer is both more precise and more hopeful than what circulates on social media. In this article, Dr Sirous Ahmadi, Australian immigration lawyer and MARA registered agent number 0854826, sets out the full legal framework governing age in the skilled visa program and shows exactly which pathways are open to a 49-year-old engineer with 22 years of project management experience.

The short answer

The “under 45” age cap applies only to the primary applicant for permanent employer-sponsored (186) and points-tested (189/190/491) visas. The temporary employer-sponsored Skills in Demand visa, subclass 482, has no age limit at all; regional Designated Area Migration Agreements (DAMA) concede the age requirement up to under 55 for many occupations; an age exemption exists for 186 TRT where earnings exceed the Fair Work threshold; and a spouse under 45 can be the primary applicant with the 49-year-old included as an accompanying partner. So “they don’t approve anyone over 45” is simply not correct.

What the law says

The age requirement in the Migration Regulations 1994 is set separately for each subclass in Schedule 2, and it always attaches to the primary applicant, never to accompanying family members. Three legal layers need to be kept apart:

1) The temporary employer-sponsored 482 visa (Skills in Demand). This subclass carries no statutory age ceiling. The official South Australian authority states it plainly: the 482 visa has no age limit, but to transition to permanent residence through the ENS subclass 186, applicants must generally be under 45. In other words, lawful entry to Australia at 49 is entirely possible; age becomes relevant at the permanent residence stage.

2) The age exemption for the 186 visa in the TRT stream. The legal basis for these exemptions is the legislative instrument Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019. The income criterion is the Fair Work High Income Threshold (FWHIT), and the test is not simply a high current salary: applicants aged 45 and over for the 186 visa must have earned at or above the FWHIT in two of the three years immediately before lodging the application, while holding a primary subclass 482 visa. The definition of “earnings” also requires legal care: the amount includes wages, the agreed value of non-monetary benefits and amounts paid on the employee’s behalf, but excludes compulsory superannuation, reimbursements and most bonuses and commissions that cannot be determined in advance.

3) Labour agreements and DAMA. Labour agreements allow approved businesses to sponsor skilled overseas workers where there is a demonstrated need that cannot be met by the Australian labour market, or where standard temporary and permanent programs are not available; these agreements are generally valid for five years and enable visas under the 482, 186 and 494 programs. A DAMA is a formal agreement between the Australian Government and a state/territory government or regional authority that provides access to a broader range of occupations than the standard skilled program, and it has a two-tier structure: a five-year “head agreement” with the regional representative, and a second tier of individual labour agreements with employers under that head agreement.

One legal point must be clear from the outset: a DAMA is inherently region-based. Individual DAMA labour agreements are entered into between the Australian Government and approved employers/businesses operating in that designated area; an individual therefore cannot access a DAMA directly or settle anywhere in Australia under it. Furthermore, to obtain Designated Area Representative (DAR) endorsement in South Australia, the sponsor must have been actively and lawfully operating in the designated area for more than 12 months and be financially viable, must be the direct employer, the position must be permanent and full-time, and the duties must align with the nominated occupation, and DAR endorsement and Labour Market Testing are mandatory; the employer must obtain an endorsement letter and demonstrate that no suitable Australian worker is available. Concessions are not automatic either, and are determined occupation by occupation: the regional representative’s schedule specifies which concession applies to each occupation; some occupations attract both English and salary concessions, while others attract only an age concession.

Pathways, conditions and key figures for a 49-year-old professional

Pathway Age requirement Timeline to permanent residence Decisive factor
482 Skills in Demand (temporary, employer-sponsored) No age ceiling — Lawful entry at 49 is entirely possible
482 → 186 TRT with the high-income exemption 45 and over, with the FWHIT exemption You must have held a 482 visa for at least two of the three years before applying for the 186 Throughout those two years you must have been employed in the nominated occupation and earned at or above the FWHIT applying at the end of each year
482 under the South Australian DAMA → 186 For many occupations, an age concession: under 55 at the time of nomination for ENS The permanent residence pathway for 482 holders has been reduced to two years, so after holding a 482 for two years they can apply for the 186 Depends on the DAMA occupation list and DAR endorsement
494 regional (including under a DAMA) → 191 Eligible nominees must be under 55 at the time of nomination At the time of the 191 application you must hold a 491 or 494 visa, have held it for at least three years, have met the minimum income requirement for at least three years and have complied with your visa conditions Primary applicants must provide ATO notices of assessment for three income years within the five-year eligible visa period
Spouse under 45 as the primary applicant The age requirement applies only to the primary applicant Depends on the subclass chosen The 49-year-old is included as an accompanying partner
858 National Innovation (no employer sponsorship) Any age is permitted; applicants under 18 or aged 55 and over must demonstrate “exceptional benefit” to the Australian community Direct permanent residence Requires an internationally recognised record of exceptional and outstanding achievement in a profession, sport, the arts, or academia and research

Reference figures to build into your financial planning:

  • FWHIT for 1 July 2025 to 30 June 2026: AUD 183,100 (and AUD 175,000 for 2024–2025).
  • New FWHIT from 1 July 2026: AUD 190,100.
  • 186 visa application charges from 1 July 2026: AUD 6,140 for the primary applicant (up from AUD 4,910), AUD 3,070 for each additional applicant aged 18 and over, and AUD 1,535 for each applicant under 18.
  • The TSMIT for nominations lodged from 1 July 2026 to 30 June 2027 is AUD 79,423; and for occupations with a concession, a reduced TSMIT equal to 90 per cent of the threshold applies.
  • There is no fee to apply for a labour agreement; costs arise at the nomination and visa stages.
  • The range of options: as at 30 June 2025, thirteen DAMAs were in operation across Australia, including four led by states and territories (two in SA, one in WA and one in NT).
  • An example of age concessions differentiated by skill level: under the Great South Coast DAMA, the age concession applies to the 186 and 494 programs, extending to 55 for occupations at skill levels 1 to 4 and to 50 for skill level 5.

Two technical prerequisites will determine the outcome of the case. First, your spouse’s occupation must map to a specific ANZSCO code, and that code must appear on the relevant occupation list (CSOL/SSOL, or the list for the particular DAMA or labour agreement). Second, in the Direct Entry stream and for DAMA nominations, a skills assessment is mandatory, together with any required licensing or registration. A fluid mechanics qualification combined with 22 years of project management can be mapped to either engineering or construction management codes, and that choice determines which skills assessing authority applies and which occupation lists are available.

Note also that regional provisional visas carry conditions requiring the holder to live, work and study only in designated regional areas (condition 8579) and, where there is an employer sponsor, only in the nominated position; holders may move between regional areas, and “regional” means anywhere other than Sydney, Melbourne and Brisbane.

What this means for you

As Dr Sirous Ahmadi explains, the statement “they don’t approve anyone over 45” substitutes a blanket rule for a multi-layered system. In your case there are three genuine levers on the table, and all three can be planned for:

  • Lever one — entry on a 482: being 49 is no barrier to entry. With a sponsoring employer and a position matching the right ANZSCO code, the temporary visa can be granted, and permanent residence is then pursued at the next stage through the age exemption or a DAMA concession.
  • Lever two — choice of region and agreement: if the employer is located in an area covered by a DAMA and the occupation appears on that agreement’s list, an age concession up to under 55 and a shorter permanent residence timeline may be available. If instead the 494 pathway is chosen, we build the three-year horizon and the regional and taxation requirements of the 191 into the roadmap from day one.
  • Lever three — choice of primary applicant: if you yourself are under 45 and can obtain a positive skills assessment and sufficient points, the most sensible strategy is for you to be the primary applicant with your spouse included as an accompanying partner; in that case the age requirement is effectively removed from the equation.

The correct sequence of work is this: first lock in the ANZSCO code and the skills assessing authority, then decide who is the primary applicant, then choose the region and type of nomination, and finally set the financial calendar against the applicable TSMIT or FWHIT. It is precisely this discipline in sequencing that separates a case that goes nowhere from a case that can be defended; and that methodical approach is how Dr Sirous Ahmadi, MARA registered agent number 0854826, assesses the files of skilled professionals aged over 45.

Sources

Let’s assess your spouse’s case precisely, with no guesswork

Being 49 is not a “no”; it is a variable that is managed through the right choice of primary applicant, occupation code and region. If you want to know which ANZSCO code your spouse’s 22 years of project management and 10 years of hospital-sector specialisation actually fits, which regional agreement offers an age concession up to under 55, and whether you would be better placed as the primary applicant yourself, a structured assessment with Dr Sirous Ahmadi, Australian immigration lawyer and MARA registered agent (0854826), is the right place to start. Have your CV, qualifications and project details ready so the consultation moves to a practical roadmap from the first minute.

Read the short answer ←

Frequently asked questions

Does being over 45 mean an Australian skilled visa will definitely be refused?

No. The “under 45” cap applies to the primary applicant for permanent employer-sponsored and points-tested visas. The temporary employer-sponsored 482 visa has no age limit at all, and the official South Australian authority confirms that this visa carries no age ceiling, while transitioning to the 186 generally requires being under 45 unless an exemption or concession applies.

How does the high-income age exemption for the 186 visa work?

Applicants aged 45 and over must have earned at or above the Fair Work High Income Threshold in two of the three years before lodgement, while holding a primary 482 visa. That threshold is AUD 183,100 for 1 July 2025 to 30 June 2026, and AUD 190,100 from 1 July 2026.

Can you work anywhere in Australia under a DAMA?

No. A DAMA is region-based. Individual DAMA labour agreements are entered into with approved employers operating in that designated area, and in South Australia the sponsor must have been actively and lawfully operating in that area for more than 12 months, must be the direct employer, and the position must be permanent and full-time.

Up to what age does the DAMA age concession extend?

In South Australia, for many occupations nominees must be under 55 at the time of nomination for the 186, and under 55 for the 494 as well. Under the Great South Coast DAMA, the age concession extends to 55 for occupations at skill levels 1 to 4 and to 50 for skill level 5. These concessions are set occupation by occupation and are not automatic.

How do the permanent residence timelines differ between the 482 pathway and the regional 494 pathway?

On the 482 to 186 TRT pathway, you must have held a 482 visa for at least two of the three years before applying, and under the South Australian DAMA this pathway has been reduced to two years. The 494 to 191 pathway, by contrast, requires three years holding the visa in the designated area, compliance with visa conditions, and ATO notices of assessment for three income years.

Can a spouse under 45 be made the primary applicant?

Yes — this is a common and entirely lawful strategy. Under the migration legislation the age requirement attaches to the primary applicant, not to accompanying family members. So if the spouse who is under 45 can obtain a positive skills assessment and sufficient points, they can be the primary applicant with the 49-year-old included as an accompanying partner.

Is the 858 visa a realistic option for a project manager with 22 years’ experience?

The 858 visa has no hard age ceiling, and applicants aged 55 and over must demonstrate “exceptional benefit” to the Australian community. However, this visa requires an internationally recognised record of exceptional and outstanding achievement in a profession, sport, the arts, or academia and research; 22 years of project management alone usually does not establish that level.

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.

Short answer in the Q&A Aged 49 and Skilled Migration to Australia: The Pathways That Remain Open In the Australian Migration Q&A · 3 min read
Read the answer