Sponsorship Visa for Aged Care Workers in Australia: Employer Obligations

The aged care industry in Australia is severely short of workers. If you are considering bringing in foreign workers through sponsorship, it’s extremely important that you understand your legal responsibilities and know how to carry out the process correctly. It is quite common for employers to hesitate due to the complexity of compliance, the costs, and the ongoing responsibilities.

You must first qualify as a Standard Business Sponsor, then understand any Labour Agreement obligations and comply with reporting, payroll and workplace standards before bringing in foreign workers. SAF levies, salaries and administrative fees are some of the costs you will incur.

This manual provides a detailed overview of the responsibilities of aged care employers, as well as sponsorship, covering eligibility, compliance checklists, timelines, costs, and strategic considerations.

The Foundation: Becoming an Approved Standard Business Sponsor

The initial move to bring in aged care workers would be to register as a Standard Business Sponsor (SBS). It is not possible to put up anyone for sponsorship without the approval of SBS. 

So, take this as the very basis upon which your sponsorship program will be built.

In order to meet the criteria, your company has to prove its existence and soundness financially:

• Business registration and structure: active ABN, clear company setup, preferably in the business for over 3 years.
• Compliance history: no major workplace infractions, adherence to Fair Work criteria, tax obligations fulfilled.
• HR and management systems: computerised payroll, health and safety procedures, documentation, and written employment contracts.
• Financial capability: the company is able to pay the SAF levy, minimum wage, and remain solvent.

The SBS application is lodged through ImmiAccount and must be approved before you can nominate a sponsored worker. Once approved, Standard Business Sponsor status is generally valid for 5 years. Processing timeframes can vary depending on your business structure, documents provided, and Department caseload, so it’s best to check the current processing guidance and prepare your evidence upfront. The sponsor application charge is AUD 420 (subject to change).

The submission of the application process through ImmiAccount takes about 4–8 weeks for assessment, and once it’s approved, the SBS status will be valid for a period of five years. Application fees are usually in the range of AUD $1,000 to $2,000. Most likely, from the decision to grant a sponsor to SBS approval, at least 2–3 months should be expected. This is not instantaneous; you need to plan.

Compliance with SBS standards means that your premises are prepared for sponsorship, a legal baseline has been set clearly, and trust has been established with the Department of Home Affairs.

The Aged Care Labour Agreement Path

Certain employers sponsor employees through the Aged Care Industry Labour Agreement. This agreement with the government allows exceptions to the visa requirements that are normally applied, while still requiring the applicant to be committed.

Advantages of taking part:

• Simplified nomination and priority processing.
• 2-year route to obtaining permanent residency (rather than 3 years).
• English language concessions for speakers of relevant community languages.
• No work experience requirement post-qualification.
• Possibility to sponsor several workers in different locations across facilities.

Obligations for participation:

To illustrate: ABC Aged Care enters into a memorandum of understanding with ANMF, motivates three personal care assistants, and files reports once every three months. The entire procedure from beginning to end takes about 6 to 8 months.  

On one hand, being part of a Labour Agreement provides the advantage of flexibility; on the other hand, it requires compliance with formal obligations.

Core Employer Obligations Explained

Whether sponsoring via standard 482 or under a Labour Agreement, employers must understand core obligations:

Obligation 1: Labour Market Testing (LMT)

• Post the job vacancy in the whole country through at least two channels for four weeks or more.
• Maintain thorough documentation of the candidates and causes of their non-acceptance.
• A Memorandum of Understanding with a labour organisation covers this part of the Labour Agreement.

Reality: There is no way to avoid or fake LMT. The Department thoroughly scrutinises it. Insufficient LMT = refusal of visa and may even lead to the revocation of your Standard Business Sponsorship.

Obligation 2: Pay Skilling Australians Fund (SAF) Levy

• Businesses with an annual turnover under AUD 10 million pay AUD 1,200 per year.
• Businesses with an annual turnover of AUD 10 million or more pay AUD 1,800 per year.
• It will be mandatory for the most part, with very few exceptions.

Reality: The SAF levy is not optional. Exemptions are rare and highly specific.

Obligation 3: Guarantee Minimum Salary & Working Conditions

• The payment shall not be less than the TSMIT, which is currently $76,515 or more.
• Ensure the terms are no less advantageous than those of local employees.
• Follow the Fair Work awards and agreements.

Reality: Payment of sponsored workers cannot be less than the prescribed minimum wage. Audits of payroll take place. Fair Work also monitors. Violations are subject to considerable fines.

Obligation 4: Support Worker Throughout Sponsorship

• Assist in making the workplace secure, and also make sure that the employment contract is in accordance with the visa.
• Kindly inform the department right away if you want to quit the job earlier than expected.

Reality: Support isn’t one-off. It’s continuous and monitored.

Obligation 5: Maintain Compliance Records

• Employment contracts, payroll, safety, and training documentation.
• Under the Aged Care Act 2025, audits are continuous, and records must be ready at all times.

Under the Aged Care Act 2025, audits should now be conducted on an ongoing basis. Daily compliance is necessary, not just on the day of the visitor’s arrival.

New Aged Care Act 2025: What Changed for Sponsors

As of November 1, 2025, AUDIT 2025 in the Act will bring far tougher obligations on the sponsors.

• Perpetual Compliance: “audit prep” does not exist anymore; evidence can be requested at any time.
• Digital Reporting via GPMS: Compliance of the workforce on My Aged Care is seen in real-time.
• Higher Penalties: Civil fines, loss of reputation, cancellation of SBS, and prohibition of access to the Labour Agreement.
• Stronger Worker Screening: Police certificates < 3 Years old or NDIS Worker Check; similar to NDIS 2026.
• Embedded Worker Rights: Residents’ rights must be present in training and documentation, and in the operations of the facility.

Practical impact: Sponsors will have to continuously monitor, maintain robust reporting systems, and keep compliance records up to date. Non-compliance is no longer just a minor administrative risk; it could have serious consequences.

Complete Employer Obligations Checklist

Before Sponsoring:

• Get the consent of the Standard Business Sponsor.
• Learn about the 482 visa’s terms and conditions.
• Verify financial capability (salary, SAF levy).
• Determine if the Labour Agreement is applicable.

If Using Labour Agreement:

• Take part in the appropriate labour union in a Memorandum of Understanding.
• Understand clearly what is offered and what is required
• Set the minimum wage at $51,222+.
• Examine the qualifications of the workers and their skill assessments.

During Recruitment:

• Labour Market Testing should be conducted (4 weeks, two forms).
• Prepare a detailed log of all applications and reasons for rejection.
• Release the official job offer with the company’s endorsement.
• Confirm that the employee has the required qualifications.

After Sponsoring:

• Employee nomination via the Department.
• SAF levy payment (AUD $3,000–5,000 for each worker).
• Abide by the minimum wage law and offer similar working conditions.
• Keep comprehensive records of employment.
• Abide by Fair Work regulations.
• Labour Agreement compliance report.
• Sponsorship process assistance to the worker throughout the entire duration.

Ongoing (New Aged Care Act 2025):

• GPMS digital records are to be preserved.
• Audit-ready status documentation to be maintained permanently.
• Employee screening is to be continuously current.
• Execution of workers’ rights to be recorded.
• Department inspections are to be ready at any time.

This checklist helps ensure no obligations are overlooked to make your facility more compliant and secure.

Cost Summary: What Sponsoring Actually Costs

Setup Costs (one-time):

• SBS application: AUD $1,000–2,000
• Union MoU administration: AUD $500–1,000
• Legal/migration advice: AUD $2,000–5,000
• Subtotal: AUD $3,500–8,000

Per-Worker Annual Costs:

• SAF levy: AUD $3,000–5,000/year (up to 4 years)
• Minimum salary: AUD $51,222 + super
• Skills assessment: ~AUD $1,000–2,000
• Visa nomination: AUD $2,000–3,500

Example (1 Worker, 4 Years):

• Year 1: $57,222
• Year 2: $57,222
• Year 3: $57,222
• Year 4: $59,222
• Total: ~$230,888 (~$57,722/year)

In addition, it is advised to include training and admin as well as HR as part of honest and strategic financial planning.

Parish Patience Can Guide Your Sponsorship Strategy

Parish Patience provides comprehensive support to aged care employers in meeting their sponsorship obligations. We take the facilities through the whole 2025 regulatory framework, starting from SBS approval to Labour Agreement strategy, compliance support, and risk mitigation. 

Our extensive knowledge of the Aged Care Act 2025 enables us to partner with you to create a long-term sponsorship plan. The team of professionals at your service will take care of all financial, legal, and compliance aspects of your facility while also quickly bringing in the skilled overseas workers you need.

Call-to-Action: Schedule a consultation to assess your sponsorship readiness and get clear guidance on your aged care workforce strategy.

Conclusion

Sponsoring caregivers of the elderly in Australia is a genuine commitment, with legal, financial, and operational responsibilities. Knowing your responsibilities from the beginning will help you avoid compliance issues and expensive mistakes. With the Aged Care Act 2025, supervision and reporting are more strict than ever, but sponsorship can still be considered with good planning. 

Expert advice makes it possible for your facility to fulfil the requirements, help the workers and remain compliant. Parish Patience can assist you in going through the procedure from the beginning to the end. Reach out to us today.