Can I Sponsor Aged Care Workers?
Aged care employers may be able to sponsor overseas workers through the Subclass 482 Skills in Demand visa, the Subclass 186 Employer Nomination Scheme visa, or through an Aged Care industry labour agreement, depending on the occupation and circumstances.
Why aged care providers are looking at sponsorship
Many aged care providers are experiencing workforce shortages. This includes residential aged care, home care, community care and disability-related services.
Employers may be seeking to sponsor workers for roles such as:
- aged care workers;
- personal care assistants;
- nursing support workers;
- enrolled nurses;
- registered nurses;
- care managers;
- allied health workers;
- specialist support roles.
However, not every aged care role will fit within the standard skilled visa program. The correct pathway must be assessed carefully before lodging.
Pathway 1: Subclass 482 Skills in Demand visa on CSIT Occupation list
The Subclass 482 Skills in Demand visa allows employers to fill labour shortages by sponsoring skilled workers where they cannot source an appropriately skilled Australian worker.
For aged care employers, this pathway may be suitable where:
- the occupation is eligible on Core Skills Occupation List;
- the duties match the nominated occupation;
- the worker has the required skills and experience;
- salary requirements are met (See TSMIT and AMSR rate in this article)
- labour market testing is completed, unless an exemption applies;
- the employer can meet sponsor obligations.
Pathway 2: Aged care industry labour agreement
For many direct care roles, an aged care industry labour agreement may be relevant.
Aged care as one of the industries with an industry labour agreement. Industry labour agreements have fixed terms and conditions for the relevant sector.
This pathway may assist aged care providers where the role is not available, or not easily available, under the standard skilled visa program.
The aged care industry labour agreement may allow approved aged care providers to sponsor workers under agreed terms, including for temporary and, in some cases, permanent visa pathways.
You can nominate overseas direct care workers to work in the aged care sector in the following Australian and New Zealand Standard Classification of Occupations (ANZSCO) positions:
- Nursing Support Worker (ANZSCO 423312) – Provides limited patient care under the direction of nursing staff.
- Personal Care Assistant (ANZSCO 423313) – Provides routine personal care services to people in a range of health care facilities or in a person’s home.
- Aged or Disabled Carer (ANZSCO 423111) – Provides general household assistance, emotional support, care and companionship for aged or disabled people in their own homes.
Streamlined access to the Aged Care Industry Labour Agreement is provided to employers that enter into and maintain a Memorandum of Understanding (MoU) with relevant industry union(s).
Note: Employers of these occupations in the disability sector (that are not aged care providers) are unable to access the ACILA and should consider if a Designated Area Migration Agreement (DAMA) is available in their location.
Pathway 3: Subclass 186 Employer Nomination Scheme (Direct Entry)
Some workers may have a pathway to permanent residence through the Subclass 186 Employer Nomination Scheme if their occupation is on the Core Skills Occupation List.
The Employer Nomination Scheme visa allows skilled workers nominated by an employer to live and work in Australia permanently.
However, employers should not assume that every sponsored worker will automatically qualify for permanent residence. Eligibility depends on the visa stream, occupation, age, English, skills, work experience and any labour agreement concessions.
What must aged care employers prove?
Before sponsoring workers, employers should consider the following.
1. Is the business eligible to sponsor?
The aged care provider must be lawfully operating and able to meet sponsor obligations.
Relevant evidence may include:
- business registration;
- financial documents;
- organisational chart;
- workforce structure;
- employment contracts;
- payroll records;
- evidence of service demand;
- evidence of recruitment (inability to fill vacancies)
2. Is the role genuine?
The nominated position must be genuine.
The employer should be able to explain:
- why the role is needed;
- where the worker will work;
- whether the role is full-time;
- what duties the worker will perform;
- how the role fits within the service;
- whether the worker will provide direct care;
- whether the duties align with the nominated occupation.
3. Does the occupation match the duties?
The role title alone is not enough. The actual duties must align with the nominated occupation.
4. Annual market salary rate
The Annual market salary rate (AMSR) is determined by assessing:
- what an equivalent Australian worker is paid
- enterprise agreements or industrial awards
- jobs and skills Australia occupation and industry profiles
- advertisements for the last 6 months in the same location
- remuneration survey or advice from unions or employer associations.
Determining the AMSR
Where there is an equivalent Australian worker
The AMSR is what you are paying this worker.
If the worker’s salary is based on an enterprise agreement or industrial award, you must provide:
- the name of the agreement or award as recorded by the Fair Work Commission, where applicable and
- the salary level or occupation group that applies to the nomination.
- If there is no relevant agreement or award, or you are paying your Australian employees above the award rate, provide copies of relevant employment contracts and pay slips for this employee.
Where there is no equivalent worker, agreement or award
You must determine and then show us what the AMSR is.
Explain how you used relevant information to determine what you will pay the equivalent worker. Relevant information could include at least two of the following:
- jobs and skills Australia occupation and industry profiles
- advertisements from the last six months for equivalent positions in the same location (e.g. state, urban vs regional area)
- remuneration surveys completed by a reputable organisation
- written advice from unions or employer associations.
Both the AMSR for the nominated occupation and the workers guaranteed annual earnings must be at least as much as the relevant TSMIT at the time of lodgement.
The TSMIT for Nomination applications are as follows:
AUD76,515 for Nomination applications lodged on and between 1 July 2025 and 30 June 2026. The TSMIT increased to $79,499 from 1st July 2026.
5. Is labour market testing required?
Labour market testing may be required before lodging a nomination, unless an ITO exemption applies.
Employers should retain proper evidence of recruitment efforts, including job advertisements, dates, platforms used, applications received and reasons local candidates were unsuitable.
6. Does the worker meet visa requirements?
The worker must meet the relevant visa criteria.
This may include:
- qualifications;
- work experience;
- English language requirements;
- health checks;
- police checks;
- registration or licensing, if required;
- ability to perform the nominated role.
If the worker is applying under a labour agreement pathway, the specific agreement may include concessions or different requirements, but those must be checked carefully.
Common mistakes aged care employers make
Common mistakes include:
- assuming all aged care roles can be sponsored under the standard 482 pathway;
- choosing the wrong occupation;
- using a generic position description;
- failing to check award or enterprise agreement coverage;
- offering a salary that does not meet AMSR;
- not completing labour market testing correctly;
- failing to keep recruitment evidence;
- not considering sponsor obligations;
- lodging without checking English, skills or age requirements;
- assuming sponsorship automatically leads to permanent residence.
Why aged care sponsorship needs strategy
Aged care sponsorship often requires more than simply lodging a visa application.
Employers should consider:
- whether the standard 482 pathway is available;
- whether an aged care labour agreement is required;
- whether a DAMA pathway may be relevant in regional areas;
- whether the worker has a permanent residence pathway;
- whether the contract and salary are compliant;
- whether the business can meet sponsor obligations;
- whether the role is structured correctly.
A Designated Area Migration Agreement, or DAMA, may also be relevant for some regional aged care employers.
How Tolic Lawyers can assist
At Tolic Lawyers, we assist aged care providers with:
- 482 visa sponsorship for aged care workers;
- aged care labour agreements;
- Subclass 186 permanent residence pathways;
- Standard Business Sponsorship applications;
- nomination applications;
- occupation and ANZSCO assessment;
- salary and AMSR review;
- labour market testing;
- employment contracts;
- sponsor obligations;
- sponsor compliance;
- visa refusal and review matters.
We assist employers across aged care, disability support, NDIS, allied health, healthcare, regional services and community care.
Need help sponsoring aged care workers?
If your aged care business is struggling to recruit suitable staff locally, sponsorship may be an option.
Book a consultation with Tolic Lawyers to discuss whether your business can sponsor aged care workers.
Disclaimer
This article is general information only and is not legal advice. Migration law, employment law, salary thresholds, labour agreement settings and Department policy can change. Employers should obtain tailored legal advice before sponsoring a worker, lodging a nomination, applying for a labour agreement or making employment decisions connected to sponsorship.
