The Aged Care Industry Labour Agreement (ACILA) implemented in May 2023 allowed Personal Care Workers to stay in Australia temporarily on a Skills in Demand subclass 482 visa or permanently on an Employer Nominated Scheme subclass 186 visa. Before ACILA, Personal Care Workers could not be sponsored by employers on these work visas except through the Designated Area Migration Agreements (DAMA).
Hilda Zweirs, a Personal Care Worker from Warrnambool, faced challenges with her Partner Visa application due to incorrect advice, but eventually acquired her Permanent Residency visa through ACILA.
The beginning of Hilda’s migration journey
Her journey began in 2005 when she met her husband in New Zealand. They moved to Indonesia in 2012, Singapore in 2015, and finally to Australia in 2016 on a Visitor visa. Hilda resided in Australia on a New Zealand Citizen Family Relationship (subclass 461 visa), which allowed her to work and study, but she faced difficulties due to her non-resident status.
“Since I am not a resident or a citizen of Australia, I must pay for my study as an international student, and I did not have medical cover from Australia (Medicare), but I took a private insurance. I started from zero to live in this country. I must learn about the culture, the people, and I must learn the language as well. It was not easy for me.”
Challenges of a Partner Visa application
Hilda applied for a Partner visa through an Immigration Agent, but after spending thousands of dollars and waiting for 18 months, she discovered the agent had not done his homework properly.
“We both love Australia, so two years later, I then applied for my Partner visa through an Immigration Agent that made claims that it would not be a problem even if my husband is a New Zealand citizen.”
Hilda decided to handle the application herself, but faced challenges due to language barriers and complex immigration forms. After three years, she received an email from immigration to withdraw her application or face rejection.
“I was only given 35 days by the Department of Home Affairs to either apply for a new visa or leave Australia. I panicked and needed urgent help.”
It is important to note that only Australian citizens, Australian Permanent Residency visa holders, and eligible New Zealand citizens can be sponsors for Partner Visas. In this case, Hilda’s husband is not an eligible New Zealand citizen as he has not been living in Australia since 26 February 2001.
Permanent Residency Visa (ENS 186) through ACILA
Hilda sought urgent help and was referred to BridgeAus Migration Consultancy. With their assistance, her ENS 186 visa was granted within approximately one month.
“It was like a breath of fresh air as they gave me options to get my visa back on track, and I also managed to get an extension.”
“Iris (Registered Migration Agent from BridgeAus) spoke to my employer, who is the director of a large aged care provider, and through her skills, knowledge, and effort, she made an application not ever used here before in our state.”
“I remember all too well the combined relief and joy when I received a phone call from BridgeAus saying, “Congratulations that my permanent residency has been approved.”
Hilda advises others in similar situations to seek experienced agents to save time, anxiety, and money. Her story highlights the importance of correct immigration advice and the available visa options under ACILA.
For those intending to migrate or stay in Australia as Personal Care Workers, it is recommended to seek legal advice from an Immigration Lawyer or a Registered Migration Agent.