A Mid West nurse is pleading with the federal government to reassess her application for permanent residency after a change in procedures by the WA Country Health Service made her one year older than the preferred age requirement.
Zivile Juchneviciute has been working at Geraldton hospital as a registered nurse since 2018 on a Temporary Skill Shortage visa, also known as the 482 visa.
While the visa is designed to address short-term skills shortages, holders can apply for permanent residence if they meet the criteria, which includes being younger than 45 years of age.
Ms Juchneviciute, who celebrated her 46th birthday earlier this month, said she believed the WA Country Health Service (WACHS) could sponsor her for permanent residency after she had worked with them for two years.
But in December 2019, WACHS increased this to four years, pushing her over the age limit.
Ms Juchneviciute, who studied nursing as a mature-age student, said the cut-off was "ridiculous", especially given WA's health sector battles with staff shortages during the pandemic.
"At 45 years old you can be in your career peak," she said.
"I would be willing to retrain in various other departments, but the doors have been shut in front of me."
Strict regulations
In a statement, a Department of Home Affairs spokesperson said the permanent migration program was designed to meet Australia's long-term economic, demographic and labour market needs.
"The focus on younger migrants helps offset the consequences of an ageing population," they said.
Ms Juchneviciute said WACHS had agreed to sponsor her for an alternative visa in 2020.
The 494 visa also requires applicants to be under 45, but the process was not finalised before her birthday.
WACHS Mid West regional director Rachele Ferrari said the organisation was continuing to work to support Ms Juchneviciute.
"She is a highly valued member of the team," Ms Ferrari said.
"We want to retain her employment but are bound by strict immigration regulations.
Options limited
While Ms Juchneviciute can apply for another 482 visa, she will not be able to continue working at the Geraldton Health Campus due to labour market testing requirements introduced in 2020 by the federal government.
The requirements are designed to prioritise Australian workers for job opportunities, and mean employers must prove they cannot find a suitable Australian citizen or permanent resident for the job.
Ms Juchneviciute's husband, Peter Windsor, said it was a "kick in the teeth".
"Now if she wants to get a job, she doesn't just have to be the best [applicant], but there have to be no Australian citizens or permanent residents," he said.
"We both work, we both pay taxes, we've got private medical insurance, we're both double vaccinated, so what's the problem? It's just beyond me."
'Doing my best'
Ms Juchneviciute, who worked in a UK hospital for four years before moving to WA, said she was supportive of efforts to hire Australian workers, particularly new graduates.
"But you have to have more experienced nurses," she said.
"I'm not stealing anybody's job — I'm just doing my best for my patients and community."
She has now applied for five nursing jobs across regional WA, but will still not be able to apply for permanent residence under immigration rules.
Despite the setbacks, Ms Juchneviciute remains optimistic.
"I love my job — it's my dream job, and I love Geraldton with a passion," she said.
"We've built our dream house here.
"I'm hugely disappointed with the way it's been handled … but I have to think that there is a way.
