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Migration (Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Amendment Instrument (LIN 20/189) 2020

The purpose of the amending instrument, LIN 20/189, is to amend LIN 19/216 to ensure that LIN 19/216, amongst other things, exempts certain applicants of the Subclass 186 and Subclass 187 visas in the Temporary Residence Transition stream from having to satisfy the age requirement at the time of application. Currently, under regulation 186.221 or 187.221 of Schedule 2 to the Regulations, an applicant for these visas must not have turned 45 at the time of their application.

However, subsections 6(1) and 7(1) of LIN 19/216 provides that applicants are exempt from satisfying this age requirement if they fall in a specified class of persons. One such class is Subclass 457/482 workers, which is defined in section 5 of LIN 19/216. A Subclass 457/482 worker is defined as a person who, after having worked for the nominating employer for 3 years, has had earnings equal to, or greater than, the high income threshold for each of the three years prior to making their application for a visa that this instrument applies to.

Source: LIN-20189.pdf

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