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Exceptional Circumstances regarding age of applicant and health of secondary applicant

The Applicant approached our offices for the purposes of applying for permanent residency under the Employer Nomination Scheme (Subclass 856). The applicant was over 45 years of age and did not meet the Department’s age threshold. Due to this, our offices prepared a submission on his behalf showing the applicant’s extensive experience in his nominated occupation, as well as providing additional supporting documents from his sponsor regarding the crucial role of the Applicant in their company.

The second difficulty of the Applicant’s application concerned one of his secondary applicants. This secondary applicant was diagnosed with a medical condition that requires frequent medical attention and can cause severe reactions in certain situations. This condition was acknowledged in the Applicant’s application and was evidenced by a letter of support from the secondary applicant’s pediatrician.

Overall in consideration of the information submitted, the Department found that the Applicant satisfied the requirements of the Employer nomination Scheme Visa and granted the visa to the main and secondary applicants. The Department accepted the argument for exceptional circumstances in relation to the age of the main applicant. Further the health condition of the secondary applicant was not considered to be sufficient to impede their inclusion within the Applicant’s application.

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