A new Labour Agreement for the Aged Care Industry has been announced on 5 May 2023, providing a faster pathway to permanent residency for migrants. The key details of the agreement are as follows:

1. Sponsorship and Employment Period: Eligible sponsors can now sponsor overseas care workers for a period of up to four (4) years on a temporary basis or offer them permanent residence after two (2) years of employment with the Australian employer.

2. Memorandum of Understanding (MoU): To access the labour agreement, potential sponsors need to enter into an MoU with one of the following industry unions:

· Australian Nursing and Midwifery Federation (https://www.anmf.org.au/ ) or

· Health Services Union (https://hsu.net.au/ ) or

· United Workers Union (https://unitedworkers.org.au/ )

3. Occupations: The agreement covers three occupations within the aged care sector:

· Nursing Support Worker (ANZSCO 423312)

· Personal Care Assistant (ANZSCO 423313)

· Aged or Disabled Carer (ANZSCO 423111)

4. English Language Skills:

· For applicants employed by standard care providers, an IELTS score of 5.0 or equivalent is required.

· For applicants employed by culturally and linguistically diverse aged care providers, an IELTS score of 4.5 or equivalent is required, with no minimum component requirement as long as the worker is fluent in the target community language.

· For 186 visa applications, an IELTS score of 5.5 or equivalent is required, with no minimum component requirement.

5. Qualifications:

· For TSS 482 visa, applicants must have at least an AQF Certificate III or equivalent qualification, or 12 months of relevant full-time work experience (or part-time equivalent).

· For ENS 186 visa, applicants must have at least an AQF Certificate III or equivalent qualification.

6. Positive Skills Assessment: Applicants who obtained qualifications overseas or are claiming work experience in lieu of a relevant qualification need to provide a positive skills assessment from either the Australian Nursing and Midwifery Accreditation Council or the Australian Community Workers Association, depending on the occupation.

7. Employment Experience:

· For TSS 482 visa, there is no minimum level of post-qualification work experience required.

· For ENS 186 visa, at least two years of full-time work experience in Australia is required. The work experience does not need to be tied to a specific employer or visa subclass.

8. Salary: The minimum salary for visa applicants under this agreement is $51,222.

9. Age: There is no age limit for the TSS 482 visa, but applicants must be under 45 years of age for the ENS 186 visa.

10. Labour Market Testing: Once an MoU is entered into with the relevant industry union(s), the sponsor is considered to satisfy the labour market testing requirements.

11. Priority Processing: The associated visa applications under this agreement will be processed by the Department of Home Affairs as a matter of priority.

Please note that the information provided is based on the announced terms of the new Labour Agreement for the Aged Care Industry as of May 5th, 2023.

It’s important to note that immigration regulations can change over time, so it’s always best to consult with an Immigration Lawyer or a registered migration agent for the most up-to-date and accurate information regarding visa requirements and exemptions. Please call our office on 02 9286 8700 or email: ppmail@ppilaw.com.au

Parish Patience Immigration Lawyers is here to assist if you wish to move to Australia as a skilled worker and require professional advice.

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