Age Waiver Granted for 60-Year-Old Aircraft Maintenance Engineer Under Subclass 856

Visa TypeSubclass 856

CategorySkilled Migration

Case Summary

A 60-year-old Aircraft Maintenance Engineer sponsored for a Subclass 856 visa required an age waiver given he could not meet the standard age requirement. We prepared detailed submissions establishing that his unique and highly specialised skills were irreplaceable and that the sponsoring company would suffer severe operational consequences if the visa were not granted.

Background

Our client had been sponsored by an Australian company for the position of Aircraft Maintenance Engineer and wished to apply for a Subclass 856 Employer Nominated Scheme visa. As the applicant was 60 years of age, the standard age requirement could not be met and an exceptional circumstances waiver was needed. We were retained to prepare the detailed submissions required to justify the waiver.

Challenges

Applicant was 60 years of age and needed to meet the exceptional circumstances threshold for the age waiver
Required demonstrating that the skills could not easily be replaced by a younger candidate
The uniqueness and non-transferability of the applicant's skills needed to be substantiated with compelling evidence
Potential operational impact on the company if the visa were not granted needed to be clearly quantified

How We Helped

We prepared detailed submissions focusing on the highly technical and specialised nature of the applicant's position, the depth of his unique knowledge and skills acquired through many years of hands-on work, and the fundamental training in technical aspects that could not easily be replicated. We demonstrated that the applicant was so integral to the company's operations that his departure would force the closure of a major section of their business. We also addressed the difficulty of finding a replacement — either domestically or internationally — under the age of 45 given how rare the required skills were.

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Key Success Factors

Compelling evidence of the applicant's unique and irreplaceable technical expertise in aircraft maintenance
Clear documentation of the operational impact if the applicant were to leave the company
Evidence of the difficulty or impossibility of finding a suitable younger replacement
Well-structured exceptional circumstances argument supporting the age waiver

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Outcome

On the basis of the submissions, the age waiver was granted and the applicant received his Subclass 856 visa.

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