Exemption From Eligibility Requirements
Under certain exceptional circumstances, the employee may seek exemption from one or more of the eligibility requirements by lodging a submission for an exceptional appointment.
Skill exemptions
Exceptional circumstances for skill level might be considered in the following cases.
| Skill level |
Exceptional circumstances |
|
The employee does not have three years post-qualification experience
|
- the position is so unusual or highly specialised that a suitably qualified employee with three years post-qualification experience cannot be found
or
- the occupation being nominated is on the Migration Occupations in Demand List (MODL).
See: Do you have an occupation in demand?
|
Age exemptions
Exceptional circumstances for age might be considered in the following cases.
| Age |
Exceptional circumstances |
| Over 45 but under 50 years old |
- the position is essential to the operation of the business
and
- the employer demonstrates that it is not possible to find a suitably qualified person younger than the applicant.
|
| Over 50 but under 55 years old
|
- the occupation is on the Migration Occupations in Demand List (MODL) or is an Australian Standard Classification of Occupations (ASCO) major group 1, 2 or 3 occupation
See: Do you have an occupation in demand?
and
- the position is so unusual or highly specialised that it is not possible to find a suitably qualified person younger than the applicant.
|
| over 55 but under 60 years old
|
- the occupation is on the MODL or an ASCO major group 1 or 2 occupation
See: Do you have an occupation in demand?
and
- the position would normally require a person with skills and experience acquired over many years (for example, senior academics or scientists)
and
- the position is so unusual or highly specialised that it is not possible to find a suitably qualified person younger than the applicant.
|
Note: 60 years or older - exceptional circumstances are generally not considered.
Vocational English exemptions
Exceptional circumstances for Vocational English might be considered in the following cases.
| Functional English |
Exceptional circumstances |
| Employee has functional english |
- vocational English is not essential to perform the full range of required duties for the position
- the transfer of skills to other Australian employees can still take place
- the employee is able to comply with Occupational Health and Safety (OH&S) requirements
- reasonable efforts have been made to recruit a suitably qualified person who does have Vocational English and this was unsuccessful
- the employee has been working in the occupation in Australia for at least two years and has received training in English during this period.
|
| Employee does not have functional english
|
- functional English is not essential to perform the full range of required duties for the position
- the transfer of skills to other Australian employees can still take place
- the employee is able to comply with Occupational Health and Safety (OH&S) requirements
- a suitably qualified person who does have Functional English is not available
- the employee has been working in the nominated position with the nominating employer on a Temporary Residence visa for at least 12 months.
|
Submission on exceptional circumstances
If the applicant is seeking an exemption from the age, skill and language requirements, the employer must write a submisssion outlining the exceptional circumstances that apply in the case.
The submission must demonstrate:
- the special skills required by the employee to fill the position
- the difficulties that the employer experienced finding an employee who does meet the skill, age or English language requirements
- details of time the employee has spent working in the occupation in Australia
- details of time the employee has spent working for the nominating employer.
The employer should give the submission to the employee to attach to their visa application. All requests for exceptional appointments will be assessed and decided at the visa application stage.
Nominating employers may assist their employees in demonstrating exceptional circumstances on skill, age or English by completing the relevant parts of the nomination form.
Before lodging an application, please read all related eligibility requirements.
See: Other eligibility
