Australian 190 Visa Age Rule 2026: What If I Turn 45 After My EOI?
No — if you turn 45 after you submit your Expression of Interest (EOI) but before the Department invites you, you will not be invited to apply for the Skilled Nominated visa (subclass 190). The age test is applied on the date of invitation, not the date your EOI went into SkillSelect. This is the rule stated on the Australian Department of Home Affairs' official Skilled Nominated visa (subclass 190) page, as of the July 2026 official page. The mirror image also holds: if you are under 45 when the invitation arrives and turn 45 afterwards, you can still apply.
One caveat before going further: this article explains published criteria in general terms and is not personalised advice. Where your own birthday sits close to a possible invitation date, the safest course is to check the details against the latest official information or a qualified professional.
What does the official page actually say about age?
The Department's eligibility page puts the rule in three short statements:
- You must be under 45 when invited to apply.
- You can still apply if you turn 45 after the invitation is issued.
- If you turn 45 after submitting the EOI but before the invitation, you will not be invited.
The step-by-step section repeats the same point from the processing side: the Department will not process your visa application if you are 45 at the time of your invitation.
The practical reading is that 45 is a hard cutoff at a single moment in time, and that moment is the invitation. Nothing in the EOI submission step freezes your age for later.
Why the invitation date matters more than the EOI date
An EOI is not a visa application. The official page makes this explicit, and it is the reason the age rule is anchored to the invitation instead:
- Submitting an EOI is free, there is no fee attached to it, and it can be submitted from inside or outside Australia.
- Once submitted, the EOI becomes visible to state and territory governments, which may nominate you if they want your skills.
- The Department only invites you once a state or territory agency has nominated you.
- You could receive an invitation up to 2 years after submitting an EOI.
That last figure is the one that catches people out. A two-year window means an EOI lodged at 43 or 44 can still be sitting in the pool on the applicant's 45th birthday. The EOI does not lose its place because of age, but it also stops being capable of producing an invitation.
What if I turn 45 after the invitation arrives?
Then you can proceed. The official page says you can still apply for the visa if you turn 45 after the Department invites you to apply. Two related deadlines follow once that invitation lands:
- You have 60 calendar days from the date of invitation to apply. The Department states it cannot extend this time.
- Your invitation will state the number of points you must score, based on the claims in your EOI, and you must provide evidence supporting those claims when you lodge.
Age is not the only thing measured at that moment. Competent English and a suitable skills assessment are also tested at the time of invitation, and the invitation is what starts the 60-day clock.
A worked example, using a hypothetical applicant
Assume an applicant submits an EOI at 44 years and 9 months, with enough points and an occupation on the relevant skilled list. Three variations follow from the rule:
- Nominated and invited at 44 years and 11 months: eligible. They apply within 60 days, and if they turn 45 during those 60 days or later during processing, the application still stands.
- Still in the pool on their 45th birthday, no invitation yet: they will not be invited for subclass 190, no matter how strong the rest of their EOI is.
- Invited on the exact day they turn 45: the page requires you to be aged under 45 when invited, and states the Department will not process your application if you are 45 at the time of your invitation, so a 45th birthday falling on or before the invitation date closes off this pathway.
What else has to be true at the invitation moment?
Age is one of several criteria pinned to the same date. From the official page:
| Requirement | Timing the page specifies |
|---|---|
| Age | Under 45 at invitation |
| English | At least competent English at time of invitation |
| Skills assessment | Obtained in the 3 years before the date of invitation; delegates will also accept one obtained within the 60-day invitation period |
| Points | At least 65 points to be invited; the invitation states the score you must meet |
| Occupation | Must be on the relevant skilled occupation list for the 190 visa |
| Nomination | Must have been nominated by a state or territory government agency |
On the skills assessment point, the Department notes it now accepts a suitable assessment obtained within the 60-day invitation period, following the decision in Thapa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 686, while reserving the right to argue in court that Thapa was wrongly decided.
Does being nominated mean I will be invited to apply?
Yes, once you are nominated: the official page states that if a state or territory agency nominates you, the Department will invite you to apply. The step that is never guaranteed is the nomination itself, because every agency sets its own criteria and none is obliged to nominate you. The page also warns that if the nominating agency withdraws your nomination after you have applied, your application becomes invalid.
This matters for the age question because nomination is the step you do not control. An EOI can be perfectly valid at 44 and simply never be picked up before the applicant turns 45.
What happens to the EOI if I age out?
The official page does not describe an automatic deletion of your EOI on your 45th birthday. What it does say is that you will not be invited once you are 45, and that an EOI is removed from SkillSelect if you do not apply for the visa after two invitations. Separately, invitations can arrive up to 2 years after submission — so the two statements together describe a pool entry that can outlive its own usefulness.
If you are relying on points claims that change over time, the page's instruction is to provide accurate information and to give evidence supporting every claim made in the EOI.
Are there other pathways once 190 is closed off by age?
This page covers subclass 190 only, and it does not set out alternatives. Other subclasses have their own published criteria, including their own age settings, and those should be read from the Department's official pages for each subclass rather than inferred from the 190 rules.
Frequently asked questions
If I turn 45 the day after my invitation, can I still apply?
Yes. The requirement is that you are under 45 when the Department invites you, and the official page states you can still apply if you turn 45 after the invitation is issued. You still need to lodge within 60 calendar days of the invitation date, which cannot be extended.
Does submitting my EOI before 45 lock in my age?
No. An EOI is not a visa application, and the age test is applied on the date of invitation rather than the date of submission. If your 45th birthday falls after the EOI but before any invitation, you will not be invited for subclass 190.
How long can an EOI sit before an invitation arrives?
The Department states you could receive an invitation up to 2 years after submitting an EOI. There is no guarantee of an invitation at all, because a state or territory agency must nominate you first, and each agency uses its own criteria.
How long do I have to apply once I am invited?
You have 60 calendar days from the date of the invitation, and the Department says this time cannot be extended. The invitation will also state the points score you must meet, based on the claims in your EOI.
Do I need a skills assessment dated before the invitation?
Your skills assessment must have been obtained in the 3 years before the date of your invitation, and if it was issued for a shorter period, that period must not have passed. Delegates will also accept a suitable assessment obtained within the 60-day invitation period under the approach adopted after Thapa.
If I am nominated, will I be invited to apply?
Yes, once you are nominated: the official page states that if a state or territory agency nominates you, the Department will invite you to apply. What is not guaranteed is the nomination itself — agencies each decide who they nominate using their own criteria, and none is obliged to nominate you. If the nominating agency withdraws your nomination after you apply, your application becomes invalid.
Is there a fee to submit an EOI?
No. The official page states there is no fee for submitting an EOI, and that the EOI itself is not a visa application. Fees enter the picture later, at the visa application stage.