Your age at invitation is what counts
If you are thinking about a points-tested skilled visa, the age rule is one of the most important things to understand. Many people assume that their age on the day they submit an expression of interest is what matters. For these visas, the key moment is actually the day you are invited to apply.
This applies to the Skilled Independent visa (subclass 189), the Skilled Nominated visa (subclass 190) and the Skilled Work Regional visa (subclass 491).
What Home Affairs says about age
The Department of Home Affairs states that you must be under 45 when you are invited to apply for the visa. If you turn 45 after you submit your expression of interest but before you are invited, you will not be invited. If you turn 45 after you are invited, you can still apply. Home Affairs also states that it will not process an application from someone who was 45 at the time of invitation.
In simple terms, your expression of interest needs to turn into an invitation before your 45th birthday.
Why submitting early is not enough on its own
An invitation can be issued up to 2 years after you submit an expression of interest. This means that submitting before your 45th birthday does not secure an invitation. If your birthday arrives while you are still waiting, you will not be invited.
If you are close to 45, it is worth looking realistically at how competitive your points score is and how long you might have to wait.
The 60-day window after an invitation
Once you are invited, you have 60 calendar days to apply for the visa, and this period cannot be extended. Being ready with your documents before an invitation arrives can make this window much less stressful.
Your invitation states the points score you must meet when your application is assessed. You must also be able to prove the claims you made in your expression of interest, so it is important that those claims are accurate and supported by evidence from the start.
Staying lawful while you wait
An expression of interest is not a visa application, and it does not give you a bridging visa. If you are in Australia, you must hold a valid visa while you wait for an invitation. Keep an eye on your current visa's expiry date and plan ahead if it is due to end.
Official information for each visa
Home Affairs explains the age rule and the invitation process on the page for each visa.
Read the Home Affairs page on the Skilled Independent visa
Read the Home Affairs page on the Skilled Nominated visa
Read the Home Affairs page on the Skilled Work Regional visa
Employer sponsored visas follow different age rules
Employer sponsored visas have their own age rules. For the Employer Nomination Scheme visa (subclass 186) and the Skilled Employer Sponsored Regional visa (subclass 494), the age limit generally applies when you apply, and exemptions are available in limited cases.
If you are approaching 45
If your 45th birthday is getting close, it is worth reviewing your options early, including employer sponsored pathways. A clear plan made in good time gives you more choices than one made in a rush. We can assess your situation with you and talk through the pathways that may suit you.
Read our guide to work and skilled visas
See our other recent migration updates
To talk about your situation, Book a Consultation from the top of this page, or message us on WhatsApp on +61 478 278 410.
General information only, not legal advice. EMC Australia, MARN 1800335.