The applicant applied for a subclass 856 visa; however the applicant was 47 years of age. The age requirement for the grant of an 856 visa is that an applicant must be 45 years of age or less. Our submissions to the Department detailed the applicant’s essential role to the nominated business and the fact that it was not possible for the Australian company to find another candidate below 45 years of age, either in Australia or overseas. Our submissions were accepted and the age waiver was granted. The applicant subsequently attained a subclass 856 visa grant.