QLD Over 50 Age Exemption for Permanent Residency?

[Wess]

For someone over 50 years of age applying through the Temporary Residence Transition stream for permanent residency in Australia, does the four years of employment need to be contiguous? I.e. is it possible to take a Leave of Absence while on a 457 Visa or return to the same employer under a second 457 visa and then complete four years of service?

 

[Mitchell Kelly]

Please see the following extract taken from Immigration policy:

The 186.221(b) legislative instrument specifies that the applicant is exempt from the TRT age requirement if:

• they have been working for the nominating employer as the holder of a UC-457 visa for at least 4 years immediately prior to applying for the visa

and

• throughout that 4 year period, their annual earnings have been at least equivalent to the Fair Work High Income Threshold (FWHIT).

As you can see, you must be working for the same employer in the 4 years prior to your application as the holder of a 457 visa - this will not matter if spread over 2 different 457 visas.

You must also show you have earned above the FWHIT (see below, also from policy) for each of those for years. A 12 month leave of absence is permitted for a 457 visa if documented. However, if you have not been paid during your leave of absence and your annual salary does not make the threshold, then you will not meeting this criteria.

As the FWHIT is indexed every year effective 1 July, a specific threshold would apply to the period from 1 July of a particular year to 30 June of the next year, that is, the period representing the tax (or fiscal) year. Since the 2009-2010 fiscal year, the FWHIT has been as follows:

• 2009-2010: AUD 108 300
• 2010-2011: AUD 113 800
• 2011-2012: AUD 118 100
• 2012-2013: AUD 123 300
• 2013-2014: AUD 129 300
• 2014-2015: AUD 133 000.