Update on 186 Proposal: A Push for Fairer Skilled Migration Policies

RSG Interns have put forward a thoughtful reform proposal that aims to make Australia’s skilled migration framework more inclusive. Their submission, titled “Increasing the Age Restriction in the Subclass 186 Employer Nomination Scheme (Temporary Residence Transition Stream)”, recommends increasing the age limit for the Subclass 186 visa from 44 to 55 years.

 

Background and Purpose

The current rule for the Employer Nomination Scheme (ENS) visa prevents applicants aged 45 and above from applying for permanent residency, except in limited circumstances. This restriction often affects skilled professionals who have already worked and contributed to Australia’s economy for several years.

 

The proposal argues that this age cap overlooks the value of older workers who bring deep experience, leadership, and reliability to the workforce. It also notes that countries like New Zealand, Canada, and the United Kingdom have adopted more flexible migration policies that focus on skills rather than age.

 

Key Recommendations

The team proposes that the Department of Home Affairs amend sections 186.221(a), 186.231(a), and 186.241(a) of the Migration Regulations 1994 (Cth) to increase the age limit for the 186 ENS (Temporary Residence Transition Stream) to 55 years.

 

This change would recognise the continued productivity and contribution of mature workers, promote fairness within the migration system, and help address ongoing labour shortages across many industries.

 

Evidence and Justification

According to Jobs and Skills Australia, more than 86 percent of Australians aged 45 to 54 are active in the labour force, and their unemployment rate is lower than that of younger workers. Employers also report that mature-age employees tend to be dependable, skilled, and bring strong leadership qualities to their teams.

 

The proposal also draws on court decisions, including ABCC v CoreStaff WA Pty Ltd [2020] FCA 893 and Qantas Airways Ltd v Christie [1998] HCA 18, which reinforce that employment and migration decisions should be based on capability, not age.

 

Global Context

  • Canada uses a points-based system that allows applicants of any age to apply, placing more weight on education, work experience, and language ability.
  • The United Kingdom has no strict upper age limit for skilled workers, instead focusing on qualifications and salary levels.
  • New Zealand allows skilled migrant applicants up to the age of 56, offering a strong example for Australia to follow.

 

These models show that flexible age settings can help governments fill skill gaps, support economic growth, and value experience alongside innovation.

 

Impact of the Proposed Change

If the proposal is adopted, it could:

  • Allow employers to keep experienced and capable staff who are currently ineligible for permanent residency.
  • Give skilled migrants aged 45 to 55 a fair opportunity to continue contributing to the economy.
  • Strengthen knowledge sharing and mentorship in workplaces.
  • Improve workforce stability, especially in sectors such as healthcare, construction,education, and aged care.

 

Next Steps

The team plan to raise awareness through community advocacy, petitions, and formal submissions to Parliament. Their goal is to open a national conversation on how Australia can make its migration laws more responsive to the realities of today’s workforce.

 

Summary

Lifting the age limit for the Subclass 186 visa to 55 is not just a policy amendment, it is a practical step toward recognising the value of experience in Australia’s economy.

 

The proposal highlights a simple truth: progress should not be limited by age. Australia’s strength lies in the skills and dedication of its people, and this reform would help ensure that all qualified workers are given the chance to continue contributing to the nation’s future.