"Immigration needs to look at each worker case by case, not have a blanket rule with age as a get-out clause."

Ms Onyekwere is highly qualified with a Diploma in Early Childhood, disability support work qualifications and a Masters in Education and Business Management from James Cook University in Queensland.

Her current visa, which is an employer-sponsored program under the Designated Area Migration Agreement (DAMA) and has relaxed age restrictions, ends in June 2024.

'My heart lies in Australia'

Ms Onyekwere, a mother of four boys, first came to Australia when she was 49 – also too old to apply for permanent residency, which has an age restriction of 44.

"It is absurd when I think about it, it is quite absurd," she said.

"There are people who are already here, they are law-abiding citizens, the system already knows them and yet they are not able to settle here.

"So they are opening the borders again to bring in people who have to go through the whole process again to fill the work-gap crisis."

Ms Onyekwere said the immigration challenges left her feeling "very disappointed".

"I was asking myself: I like Australia, but how did I come to be in this position now?"

She said she believed the laws were "a bit discriminatory" and unfair.

"When I studied early childhood education and disability, they talk about discrimination. It is not allowed with race, age and culturally in Australia," she said.

"So I could not understand, at what point do you say age discrimination is not allowed in companies and workplaces? Immigration is doing age discrimination.

"I have to go home because I am too old, but my heart now lies in Australia.

"The system is broken, just stupid decisions."

On the other hand, Noosaville aged care nurse Ms Kemister can keep on working to fill the void on the Sunshine Coast because she was born here.

She also believes when it comes down to fixing the aged care crisis, the immigration policy is discriminatory.

"The sector does not have enough staff and the staff they have got are exhausted," she said.

"I just do not understand how they can do that to a migrant worker who is proactive in keeping herself employed for eight years.

"She could work until she is at least 70 and yet she is set to probably be kicked out at a time when we need quality people to care for our most vulnerable. Why does she also not qualify for permanent citizenship?

"That is just stupid, it is just brainless.

Hundreds of aged care workers will be fast-tracked for permanent residency under a federal government deal involving a new Aged Care Industry Labour Agreement.

But under current rules, they will still have to be sponsored and there is no guarantee they can stay long-term.

A spokesperson for the Human Rights Commission said that, while age discrimination was unlawful, there were link-text,var(

Calls for more flexibility and fairness

Immigration Lawyer Tin Zhu is acting for Ms Onyekwere.

He said Australia's immigration department should consider lifting the age limit for key industry sectors like aged care.

"It is quite sad to see because she has been in Australia for eight years and cannot apply for permanent residency," he said.

Mr Zhu explained that because Ms Onyekwere is 57-years-old, under current regulations, she wouldn't have the opportunity to apply to become a permanent resident link-text,var(

"While there is the new skilled migration program with no age limit, the department may think she is not eligible for that either," he said.

"And from the employer's perspective, the process to sponsor is quite complicated because they have to deal with the union, home affairs, migration agents and a solicitor.

"It is very expensive and complex, with no certainty."

Mr Zhu said he was increasingly turning away clients close to 55 or over, because under the current system, he cannot help them.

Many ageing Australians need 24-hour care

Ms Faulkner said her company has 300 workers on its books – 60 per cent are from overseas – but she needs at least 100 more as she specialises in home care.

Under the new aged skilled worker sponsorship agreement it would cost her $20,000 on average for each carer to meet migration demands.

A total of $2 million dollars is money she does not have.

And yet, she faces losing one of her best workers, Ms Onyekwere, and will be forced to start from scratch retraining new staff.

Clients like 59-year-old Robert Borey, who is non-verbal and has late-stage diabetes, need 24/7 care.

His carers include 29-year-old Kenyan Silvanus Kimutai, who is here on a student visa while he completes a Special Needs Education course.

But Ms Faulkner said it was a struggle to find enough workers to fill every shift.

Older migrants have 'negative lifetime fiscal impact'