Australia Rejects Skilled Migrant Over Minor Visa Error

Aged Care Worker at Risk of Deportation After Visa Refusal

A long-term resident working in aged care is facing imminent deportation despite nearly a decade of service in Australia. The individual, who arrived in 2016 for postgraduate studies, has been contributing to the aged care sector for five years. Despite receiving an invitation to apply for permanent residency under the State Nominated Migration Program, a minor clerical error led to a visa refusal, leaving them with just 35 days to depart the country.

Visa Refusal Due to a Technicality

The worker had mistakenly classified their master’s degree as "research" rather than "coursework," resulting in an incorrect calculation of Comprehensive Ranking System (CRS) points. Initially assessed at 95 points, a correction reduced the score to 85. Although the minimum required points for the nominated occupation were 65, immigration regulations state that an applicant's final assessed score cannot be lower than the invitation score. As a result, the application was rejected, leading to a sudden loss of residency status.

Impact of Immigration Policies on Aged Care Workers

This case highlights the challenges faced by skilled workers in critical sectors such as aged care. Despite significant demand for aged care professionals, immigration rules remain rigid, leaving many workers uncertain about their future. The individual involved expressed frustration, stating that they had dedicated years to the sector, especially during the pandemic, only to be denied the opportunity to stay in the country permanently.

Financial and Emotional Toll

Over the past nine years, the worker has invested approximately $80,000 in visa applications, university fees, and language proficiency tests. Their Medicare access has also been revoked, adding further hardship. While an employer-sponsored visa could provide another opportunity to remain in Australia, the financial burden and prolonged processing times make this option difficult to pursue.

Policy Changes and Future Prospects for Skilled Migrants

In response to the ongoing demand for aged care professionals, the government has introduced an 'Aged Care Industry Labour Agreement.' This initiative allows aged care providers to sponsor foreign workers in direct care roles, offering them a pathway to permanent residency within two years. However, cases like this raise concerns about whether existing policies effectively support the skilled migrants who have already been contributing to essential industries in Australia.

The case underscores the challenges faced by skilled migrants navigating Australia’s immigration system. While the country continues to seek international talent in critical industries, bureaucratic barriers and technicalities often undermine the retention of experienced professionals already contributing to the workforce.