Exemption from Eligibility Requirements

Where the employee cannot meet the skill, language or age requirement an application for an exemption under exceptional circumstances can be made.

Exceptional circumstances should relate to the employee's personal circumstances that are relevant to the nominated position and which are uncommon. Exceptional circumstances do not need to be unique but cannot be normally encountered.

This means that the employee must be particularly suited for the nominated position, and the nominated position should have some requirements which make it different to any other similar positions. The applicant must show how their skills and qualifications are unusual or different to the skills and qualifications of other people working in similar occupations.

Information provided by the applicant, as well as the employer if applicable, will be considered to determine whether there is anything about the nominated position and/or applicant which could be considered to be special.

Skill exemptions

Exceptional circumstances for the skill level requirement might be considered in the following case.

Skill level

Exceptional circumstances

Employee does not have a skill level equivalent to a diploma or higher qualification

the occupation has a skill level requirement of at least an AQF Certificate II (that is, within any Australian and New Zealand Standard Classification of Occupations (ANZSCO) Major Groups, with a skill level 3 or 4) the employee has filled the position while on a Temporary Business (Long Stay) visa (subclass 457) for at least two years prior to the nomination being lodged the Regional Certifying Body also confirms that: the sponsoring employer is actively and lawfully operating, and the nominated position is located in the regional area there is a demonstrated need for a full-time paid employee in the business and this position is available for at least two years.

Note: Nominations for elementary clerical, sales and service workers, and labourers and related workers (ASCO major groups 8 and 9 - which only includes humanitarian visa holders) would not meet the exceptional circumstances requirement.

Age exemptions

Exceptional circumstances for the age requirement might be considered in the following cases.

Age	Exceptional circumstances
45 years to less than 50 years old	All of the following apply: the position is essential to the operation of the business the employer demonstrates that it is not possible to find a suitably qualified person younger than the applicant.
50 years to less than 55 years old	All of the following apply: the occupation is within any Australian and New Zealand Standard of Classification of Occupations (ANZSCO), with a skill level of 1 or 2) the position is so unusual or highly specialised that it is not possible to find a suitably qualified person younger than the applicant the employer can demonstrate how the nominated position differs to similar positions elsewhere in Australia and within the industry.
55 years to less than 60 years old	All of the following apply: the occupation is within any ANZSCO, with a skill level of 1 the position would normally require a person with skills and experience acquired over many years Example: Senior academics or scientists. the position is so unusual or highly specialised that it is not possible to find a suitably qualified person younger than the applicant.

Note: Exceptional circumstances are generally not considered for applicants who are 60 years or older.

Functional English exemptions

Exceptional circumstances for the functional English requirement might be considered in the following cases.

Functional English

Exceptional circumstances

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 (regardless of whether the applicant will be working with staff from the same or a similar cultural background) can comply with, and understand, Occupational Health and Safety requirements, deal with work emergencies or communicate with emergency workers can understand and deal with issues relating to their employment and workplace rights the employer has been unable to recruit, in Australia or overseas, a suitably qualified person who does have functional English the applicant has worked full-time in the nominated position as the holder of a visa which allows them to work and has made a consistent effort to improve their English language ability through formal study or training.

Submission on exceptional circumstances

If the applicant is seeking an exemption from the age, skill and language requirements, the employer must write a submission outlining the exceptional circumstances that apply in the case.

The submission must demonstrate:

• the special skills required
• 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.

Before lodging an application, please read all related requirements.
See: Eligibility