The South Australia (SA) Regional DAMA and the Adelaide City DAMA have been both extended and expanded.
The SA Regional DAMA now includes 128 new occupations from various sectors including construction, trades, agribusiness, ICT, health, education, and renewable energy.
We submitted suggestions to the Government of South Australia to include certain occupations on the DAMA list. We welcome the inclusion of occupations such as Registered Nurse in Child and Family Health, Registered Nurse in Disability and Rehabilitation, Winery Worker, Sheep Farm Worker, and others on the list.
The 'Winery Worker' occupation is a valuable addition, especially since South Australia has a strong wine industry.
Other important occupations added to the list include Truck Driver, Bricklayer, and Floor Finisher.
This is excellent news for those seeking permanent residency pathways!
The annual nominations for the SA Regional DAMA have increased from 750 to 2000, valid until June 30, 2025.
Concessions
South Australia continues to offer age concessions up to 55 years, a 10% reduction in the Temporary Skilled Migration Income Threshold (TSMIT), and other concessions in English and work experience.
South Australia DAMA Occupation List
The SA DAMA comes under two agreements which list eligible occupations and concessions available:
Adelaide Innovation and Technology Agreement: the occupations are restricted to employers in the Adelaide Metropolitan region. The only concession that applies to these occupations is that they all have a pathway to permanent residency, and include an age concession.
South Australian Regional Workforce Agreement: includes some occupations eligible to employers in the whole of South Australia and some occupations eligible for employers only in the postcode range 5220 to 5734 (non-metropolitan SA). The agreement includes a range of occupation-specific concessions concerning:
Skills and experience
TSMIT
English
Age
Permanent pathway
Review the lists to see if your occupation is eligible and what concessions apply.
Do you need help with an Australian visa application?
There are always work needed from both sides for any employer sponsored visa in Australia.
- Employer Sponsored Visa nomination for employer
- Visa application for employee (main applicant)
As an employer trying to fill a skills shortage in your organisation, the requirements for sponsoring an overseas worker can feel overwhelming sometime. If you do not have a good team who is able to handle it, Work Visa Lawyers is here to help.
As skills shortages continue to get worse rather than better, I hope to set out some of the key steps in any employer sponsorship process to make the system easier to understand. Of course, this short blog could not include every possible requirement and is a starting point only.
If you have already conducted recruitment efforts at this point and located the worker you are looking to sponsor, their age, English language ability, qualifications or years of work experience can influence which programs you are limited to.
The DAMA program is specifically designed to allow sponsorship of workers in areas of key need where the worker may be older or have a lower level of English language ability than is permitted under the other programs.
Labour Market Testing (job ads)
Labour Market Testing is an important part of the Government's systems for “putting Australian workers first”. The requirements have grown more rigid of the last 4 years and have moved further away from modern business practices.
Often the Standard Business Sponsorship is described as the first step of “sponsoring a foreign worker”. However, as Labour Market Testing takes a minimum of 4 weeks to run properly, this is often the first thing you want to do to get your new staff member onboard as soon as possible.
Generally, 3 online ads are the best way to go, one of which being on JobActive. There are requirements to include the salary if the worker will be paid under a certain threshold.
Most DAMA programs currently allow for 2 job ads that have been run in the last 12 months before submitting the linked nomination application.
Labour Market Testing is not required where International Trade Obligations override the Government’s interest in putting Australian workers first.
It is important to note that the 186 visa program does not formally require Labour Market Testing, however, conducting job ads can be a good way to demonstrate that the position being nominated is genuine in the Direct Entry stream.
Standard Business Sponsorship
If you are using the medium-term stream or short-term stream of the 482 visa program, or the employer-sponsored stream of the 494 visa program, your first application to the Department of Home Affairs will be a Standard Business Sponsorship.
This is centred entirely on your business and requires demonstrating that you are lawfully operating a business (two requirements: lawful and operating). The Department will also consider any adverse information and determine whether your business’ track record is suitable for the employer sponsorship program (this can include records of breaches of laws, especially employment laws, insolvency, or untruthfulness).
Designated Area Representative (DAR) endorsement
For the DAMA program, you need the endorsement of the Designated Area Representative (who would have negotiated the DAMA for the area) before you can “negotiate” a Labour Agreement with the federal government.
Requirements for DAR endorsement are thoroughly unique to the local area and the occupation(s) being nominated.
Generally they will require you to demonstrate that you have a business in the local area, a need to use the program, and will also want to check almost all requirements for the business and visa applicant before endorsing.
Labour Agreement negotiation (DAMA and other labour agreements)
Once endorsed by the DAR if required, the business then applies to the federal government to enter into the desired labour agreement.
If successful, the Department of Home Affairs will send you a labour agreement to sign, which might include a range of different terms depending on the particular labour agreement program being used.
Nomination application
For the sponsoring business, the nomination application is the one constant through all programs. Whether you are using the 482, DAMA, 186, 494 or any other employer-sponsored program: no-one escapes the nomination.
While the Standard Business Sponsorship is not related to any particular roles in the business, and the DAR endorsement and labour agreements can set out multiple roles the business is seeking to fill with overseas labour, the nomination identifies one single position and one single person who will be filling that role.
If you have 5 nurses to fill workforce shortages, that means you will be doing 5 nomination applications – one for each of them.
Visa application
Once all above steps have been successful or at least sent to the Department, the worker can submit their visa application.
This is the main stage where the worker’s qualifications, work experience and English language ability, as well as heath and character, are assessed by the Department. If partner and/or children are included in the application, the Department will be checking that they also meet their own requirements.
Applicant skills and English requirements are set, among other reasons, to ensure that foreign workers are able to enter Australia and fill the required skills shortage quickly and effectively.
Once it’s all over (or is it?)
Once you have the visa, the endpoint of all this, it is time for the worker to travel to Australia to join your business.
Once on-staff, it is important that you comply with all the sponsorship obligations. You can read more about sponsorship obligations here. Obligations will vary to some extent between 482, 186, DAMA and 494, but are largely overlapping for the 482 and 494, as well as the DAMA route of accessing those.
Put simply, it’s important to follow through on the range of commitments made to the Government throughout the sponsorship processes discussed above, most obviously paying the worker at least the guaranteed amounts you had set out. The Department can undertake monitoring activities to ensure this is being done.
For anyone who has been on TSS 482 Short term in Australia during the pandemic, you might be eligible for a PR Pathway to 186 Visa. Read TSS 482 Short to PR here !
Australian Immigration Monthly News April 2022 Overview
Two big events have influenced the news this month. The Australian federal budget was handed down on Tuesday, 29 March
This is provided a lot of details about what to expect in the migration program year. The second big event is that on 10 April Prime Minister Scott Morrison called the day for the federal election.
The federal election will be held on 21 May 2022.
Just prior to the election being called there is often a frenzy of activity and announcements.
This is because once the election is cold then the government often goes into what’s called caretaker mode. Parliament no longer sits and there is no further opportunity to pass new legislation.
Another factor relevant to this month’s news is that Australia has very low unemployment rate at 4%. However, there are severe skills shortages in many industries.
There are a lot of essential updates during March and April 2022.
Changes have been made to bring benefits to skilled workers in Australia.
However, there is still a focus on other streams like Business and Investment Visa or Global Talent Visa.
Today’s video will cover:
A new pathway to PR for short term TSS visa 482 - Full Information here !
Tasmania has announced having a limited allocations remaining.They have requested more investigation for other places.
However, there has been no positive news until now.
More than 1,480 applications are yet to be decided.
Only 1300 places remaining, Migration Tasmania will prioritize applicants who are employed directly related to their skills assessment.
Some applications may be held over to the new program year.
But you will be considered based on the arrangements at the lodgment time.
Tasmanian Skilled Migration has published a consultation paper that invites public comment.
It is reviewing the migration requirements and setting for the next program year.
Overall, there are more positive pathways :
Long term residence pathways for 491 and 190 skilled visa nominations.
Graduate pathways updates of the requirement for Tasmania Graduate
Non-student visa holders who complete courses on the priority list can be considered Tas graduates.
Applicants must have 3 months of work experience in the nominated occupation post-graduation.
Business owner requirement has changed to 12 months of operation.
Tasmania will remove its skilled occupation list for overseas applicants.
Offshore applicants can now receive invitations after lodgment of EOI.
This new proposal is for review now.
Public comments are welcome to enhance Tasmania’s migration settings.
Western Australia Skilled Visa 491 and 190 Updates
WA has announced additional nomination allocations for its state nomination program.
New applications are now being accepted.
All on-hand applications will be proceeded with and be contacted as required.
The following invitation round will be held in the first week of May and June.
Other states such as NSW Skilled Visa 491 or Victoria State nomination has not yet been changed recently. However, it seems to be very competitive in these states with a large number of applications on hand.
Clients can consider moving regional to seek 491 or 190 nominations earlier.
DAMA opens more in QLD, WA, and NSW
There is a DAMA Revolution going on for Regional Australia.
This gives skilled workers more pathways to permanent residency in Australia.
There are new DAMAs for the following Regions:
Far North Queensland
Orana, NSW
East Kimberly and Pilbara, WA
Some changes have been adjusted for NT DAMA.
Northern Territory DAMA
NT DAMA has made some changes to support the Territory businesses with workforce shortages.
Key changes include:
More streamlined framework for employers to access workers over 5 year period
More flexible permanent resident pathway
24 new occupations including lower-skilled occupations in agriculture
Higher age limit
Lower English requirement for tradies
Far North Queensland
The Australian government ensures that Far North QLD remains fit for the evolution of the regional labor market
Queensland is always famous for its tourist destinations.
These new changes in DAMA can support the economic impact on the tourism and hospitality sectors.
A range of occupations will become available for businesses to source workers.
Pilbara
DAMA of Pilbara will commence on 9 May 2022.
This will allow 66 occupations in Engineering, trades, Childcare, aged care, and health services to get access.
Employment opportunities are abundant on offer there in Pilbara.
East Kimberly DAMA
Businesses in East Kimberly can now access workers of more than 100 occupations.
The mining industry has covered a large economic output in East Kimberly.
However, the health care and social assistance industry is driving to be the largest employment sector.
Significant investment has taken part in the expansion of this area.
That will support growth in both the agricultural and tourism sectors
Orana, NSW
65 occupations have been open in the Orana region for businesses to source workers
This provides access to critical workers for jobs unable to be filled locally.
A skilled migrant workforce plays an important role in helping Orana fill the vacancies.
Skill level 4,5 occupations like aged care workers, security officers, or waiters are critical to the region.
DAMA and its streamlined migration pathway can attract skilled workers to fill the labor shortages.
Complete detail about DAMA in Australia will be published soon on our website.
Working holiday makers
Australia will open its doors to more working holiday makers.
New measures have been introduced to support current Australia’s tourism and trade sector.
There are now 47 countries globally with access to Australia’s work and holiday program.
A 30% cap increase to the working holiday programs.
Commencing on July 2022:
Australia will open to 500 young people from Brazil
Another 100 places for Mongolia
Cap increase up to 1000 places for the Slovak Republic
Hungary and Austria will also have a cap increased to 500 places
Italian and Danish who are aged 35 and under can now get access to the program.
Australia and India’s trade Agreement
Good news for Indians who are interested in working in Australia
In the new Economic Cooperation and Trade Agreement, 1000 work and holiday places for Indians have been allocated.
Those Indian students awarded first-class honors will have additional 2 or 3 years’ stay.
They must complete a STEM or ICT bachelor’s degree.
Agriculture Visa
Vietnam and Australia have signed the bilateral agreement for the Agriculture Visa program.
This will allow workers from Vietnam to work on Australian farms.
This agreement helps address the shortage in the agriculture industry for the medium and long term.
However, the application process has not yet published in detail.
Please stay tuned and subscribe to our channel for more updates.
Some changes in Pandemic Event Covid-19 Visa 408
Applicants must hold a valid visa with work rights 90 days or less from ceasing to apply for pandemic event Visa 408
Such a visa that was more than 28 days from the application will not be accepted.
Work Visa Lawyers will assess whether your occupation and your current profile fits into this covid visa 408. We will then draft and collate all the necessary paperwork, submit it, and follow up on your behalf.
We are one of the best Immigration Agents and Lawyers in Australia. we are based in South Australia, and you are always welcome to book an appointment with us via phone call, Zoom/Skype or Face to face consultation.
Book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.
Contact us on (08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.
There are several important factors employers need to consider when sponsoring an employee for a permanent residency visa or when appealing a decision.
The ENS 186 visa also has a third, less commonly used stream, the labour agreement stream. This stream is very important for Designated Area Migration Agreement applications and other forms of labour agreement, but is not as commonly used as the other two.
There are three possible stages for an ENS 186 visa or RSMS 187 visa:
Regional Certifying Body Advice application (RSMS 187 Direct Entry Stream ONLY) to the relevant Regional Certifying Body
Employer nomination application to the Department of Home Affairs
Visa application to the Department of Home Affairs
Genuine position refusals
One of the most common reasons for refusal of ENS 186 visas and RSMS 187 visas is that the position is not genuine.
“Genuineness” is a complex assessment which does not have a concrete definition.
Case officers examine the entirety of the application, including the business circumstances, and develop an opinion as to whether the position being nominated is a genuine position required by the business which fits within the employer-sponsored migration program, or whether the whole or part of the position has been created solely to achieve a migration outcome.
There are certain occupations which are at a high risk of additional scrutiny for genuineness. These are high-volume occupations which may have attracted low-quality applications in the past. The two main examples are:
149212 Customer Service Manager
511112 Program or Project Administrator
It is important to ensure you are nominating the occupation that best matches the position in the business.
For the above occupations, it is important that the nominated position fits clearly within the relevant occupation. The case officer will be looking to the position description, organisational chart, employment contract and any other explanatory information and documents you are providing.
If the position does not appear to align with the occupation you have nominated, the case officer may find that the position is not genuine.
Temporary Residence Transition Stream – ENS 186 and RSMS 187 Visas
If using the Temporary Residence Transition, the application must be consistent with everything in the subclass 457 or subclass 482 visa.
One of the key matters which will be checked by the Department of Home Affairs is whether the visa applicant has been paid the nominated earnings for the whole duration of their subclass 457 or subclass 482 visa. A common issue here is where superannuation has been included in the nominated Guaranteed Annual Earnings. Because superannuation is not included in Guaranteed Annual Earnings (it is considered to be a separate employer obligation), this may inflate the earnings which were required to be paid to the visa holder.
Special attention must be given to this when applying for an ENS 186 visa or RSMS 187 visa under the Temporary Transition Stream.
Limited Availability of RSMS TRT Going Forward
With the RSMS subclass 187 visa closure on 16 November 2019, the Temporary Residence Transition stream of this visa will remain only available to a small group of people. This group comprises two subgroups:
Transitional 457 workers – those who held or had applied for (which was subsequently granted) a subclass 457 visa on 18 April 2017
Transitional 482 workers – those who held or had applied for (which was subsequently granted) a TSS 482 visa on 20 March 2019
Currently, this appears to leave a group of people in the middle unaccounted for. These applicants may not be able to access the RSMS temporary transition after 16 November 2019. For these workers, it may be worth considering whether Direct Entry can be completed prior to the shut-off.
Appeal Tips
If a negative decision is received from the Department of Home Affairs at either the nomination or visa application stage, a merits review at the Administrative Appeals Tribunal (AAT) may be available. The ordinary timeframe for applying for this is 21 days, so it is important that you act quickly.
If such a decision occurs at the nomination stage, it is important that both stages are appealed to the AAT. If the nomination is not appealed, the visa applicant will not be able to be successful on appeal.
It is very important if appealing that all efforts are made to strengthen the circumstances of the application while waiting for a hearing date to be set. It can currently take quite some time for a new employer-sponsored matter to be constituted at the AAT and a hearing date set.
This time presents both a difficulty and an opportunity for the business and the worker. During this time, the employer and employee need to strengthen their relationship to have the best prospects of success. The employee should continue working in the business and the business should maintain detailed records to clearly demonstrate this.
An appeal to the AAT is a merits review process, so the Tribunal Member will stand in the shoes of the decision maker and look at the situation anew. You are able to provide new evidence to seek an improved outcome.
Do you need help with an Australian visa application?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.
Employer sponsored visas (including DAMA) can be an attractive option for many migrants, but it is important to remember that you must first find an employer that is willing to sponsor you.
It was recently announced by the Premier of South Australia, Steven Marshall, that the state would be home to the latest Mortal Kombat film production. Using the facilities at Adelaide Studios, the production is expected to generate 780 jobs and inject $70 million into the local economy.
After months of campaigning the Australian Federal Election was run and won on Saturday, with the Liberal and National Party Coalition led by Prime Minister Scott Morrison being returned to government. What does this mean form Australia's immigration program going forward?
The South Australia government has released new details on the state's Designated Area Migration Agreement (DAMA), including the list of eligible of occupations.
DAMAs assist employers in filling skilled and semi-skilled positions which are facing a labour shortage in a designated area. A DAMA offers greater access to occupations and concessions on other criteria when compared to the standard Temporary Skill Shortage subclass 482 visa. Applications under the SA DAMA are also afforded priority visa processing with the Department of Home Affairs.
Applications under the SA DAMA will commence in early July 2019.
SA DAMA summary
The SA DAMA will come under two separate agreements, each with their own list of eligible occupations and concessions available:
Adelaide Innovation and Technology Agreement
60 occupations are eligible
Restricted to employers in the Adelaide Metropolitan region (Greater Adelaide)
Age concessions to facilitate a permanent residency pathway
All occupations have a pathway to permanent residency via the Employer Nomination Scheme subclass 186 visa.
It is important to note that not all concessions apply to every occupation. You will need to check your individual occupation on the list to see which apply. There are also several occupations listed that have no concessions available and are already eligible for the standard subclass 482 visa. In these cases it may not be necessary to apply under the DAMA , however priority processing will still be an advantage over the standard subclass 482 visa.
Occupation inclusions
The SA DAMA includes several popular occupations that will be of great interest to employers and prospective migrants. Some examples are:
Baker (351111)
Cook (351411)
Diesel Motor Mechanic (321212)
Enrolled Nurse (411411)
Motor Mechanic (General) (321211)
There are also a number of occupations included in the SA DAMA that are not on any other skilled occupation list. Below are some examples listed by the industry they will directly benefit:
Agriculture
Farm, Forestry and Garden Workers nec (841999)
Fishing Hand (899212)
Meat Process Worker (831311)
Production Horticulturalist *
Senior Production Horticulturalist *
Slaughterer (831212)
Healthcare
Aged or Disabled Carer (423111)
Nursing Support Worker (423312)
Personal Care Assistant (423313)
Therapy Aide (423314)
Mining and Construction
Driller (712211)
Earthmoving Plant Operator (General) (721211)
Loader Operator (721216)
Miner (712212)
Sand Blaster (711913)
Scaffolder (821712)
Shot Firer (712213)
Truck Driver (General (733111)
Film and Gaming
Digital Artist *
Senior Digital Artist *
Hospitality and Tourism
Passenger Coach Driver (731213)
Gaming Worker (431311)
Hotel or Motel Receptionist (542113)
Waiter (431511)
Note: * denotes that the occupation is not listed in ANZSCO and has been identified by the SA government.
Skills and experience
An applicant for the standard subclass 482 visa must hold the relevant skills assessment for the nominated position, however under certain occupations in the SA DAMA this will not be required. Currently only lower skilled occupations are eligible for this concession (ANZSCO skill level 4). Further details on whether there will be any concession to the two years of work experience requirement are not yet available.
Temporary Skilled Migration Income Threshold (TSMIT)
The TSMIT which applies to the standard subclass 482 visa is currently set at AUD53,900 per annum. Under the SA DAMA concession, the TSMIT can be reduced by up to 10%, which indicates a minimum salary of AUD48,510 per annum. This amount is more closely aligned to award rates, particularly in trade occupations.
English
The standard subclass 482 visa has an English language requirement equivalent to an IELTS overall band score of at least 5.0 with a score of at least 5 in each of the test components. The English concession available under the SA DAMA for certain occupations is equivalent to an IELTS overall band score of at least 4.5 with at least 4 in each of the test components.
Age
While the standard subclass 482 visa does not have any age requirements, applicants accessing permanent residency via the standard Employer Nomination Scheme subclass 186 visa must be less than 45 years of age. The SA DAMA includes an age concession that extends this to 50 or 55 years of age for selected occupations to facilitate permanent residency.
This concession is major advantage to those workers in the 45-54 age bracket who now have a much more promising pathway to permanent residency.
Pathway to permanent residency
The SA DAMA offers a pathway to permanent residency through the Employer Nomination Scheme subclass 186 visa for a majority of the occupations listed. However full details of the requirements to qualify for permanent residency via this process are still to be provided. It is also important to note that the occupation must still be on the list at the time of the permanent residency application.
It is expected that applicants will need to hold the 482 visa for at least three years before being eligible for permanent residency. So even with some age concessions in place, applicants will need to consider what their age will be at the time of lodgement for permanent residency. For example, if there is a permanent residency age concession of up to 50 years of age, but if the applicant is 48 when they are granted the 482 visa, they will not be eligible to apply after three years having turned 51.
How long will a DAMA application take?
At this early stage, it is expected that a DAMA application will take at least three months. This includes around one month to be endorsed by the state government and around two months to receive a standard employer sponsorship approval. Once applications commence, we will have a better understanding of how long the process takes, but it is reasonable to say that a DAMA will not be able to address an employer's urgent need for staff.
What does this mean for industry and employers?
The SA DAMA provides a range of benefits to South Australia industries and employers. Of particular note are industries such as film and gaming, hospitality and tourism, agriculture, mining and construction, and the healthcare sector. In particular, several occupations that are otherwise not available for skilled migration have been included meaning that employers will now be able address these skills shortages. The TSMIT concessions will benefit employers in regional areas and bring salaries closer in-line with award rates for trade occupations.
In the development of the SA DAMA, industry and employers were able to provide input into the occupation list and concessions. It is positive to see that many aspects of the submission by the Migration Institute of Australia (SA Committee) have been adopted, particularily around the expansion of occupations available in the agriculture, construction and mining sectors.
What does this mean for employees and graduates?
The concessions provided in the SA DAMA, particularly around age and pathways to permanent residency, means that people will have more opportunities to stay in South Australia. Whether any work experience concessions will be available, a requirement that is otherwise difficult for international graduates to achieve, are yet to be made available.
Overall, the SA DAMA provides more opportunities for skilled migrants to work and settle in South Australia.
Do you need help with an Australian visa application?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.
The DAMA program is currently a very hot topic, with many business owners currently interested in seeking migrant workers through the program or pursuing Australian migration through the program.
DAMAs are great for regional employers, as they facilitate filling skilled and semi-skilled positions which are facing a labour shortage in a designated area. They are adapted to the needs of the local economy and allow business’ to access the workers they need.
A DAMA is an agreement arranged by a designated area’s government (such as the NT Government) and the federal government. Employers in the designated area can apply for a streamlined labour agreement to sponsor overseas workers for their business if they are unable to fill the position locally.
Warrnambool in regional Victoria has been approved for a DAMA, but this has not yet open for applications. Warrnambool City Council has indicated that details of this DAMA will be released in the first quarter of 2019, so we expect more information will be available soon.
Also, there are potentially more areas to be added in the near future including, Orana region of NSW, Pilbara and the Kalgoorlie-Boulder regions in WA, as well as Cairns in Far North Queensland.
Recent reports by the Advertiser indicated that a DAMA visa is also expected soon for South Australia immigration.
For the Northern Territory, (the only designated area accepting applications at the time of publication) you can apply for the 186 visa under the DAMA stream if you have spent 3 of the last 4 years working for an employer on a TSS visa under the DAMA program. This requires your employer to nominate you for the permanent visa as well.
As such, the permanent ENS 186 visa is not accessible directly through the DAMA program.
The advantage over TRT for 187 and 186 is the concessions at the TSS stage, as well as the freedom to move between different DAMA sponsors in the NT, without resetting the time needed to reach the 3 years for permanent sponsorship. NT DAMA TSS holders can apply to become a permanent resident after 3 years working on an NT DAMA visa.
We expect that the other proposed DAMAs will include similar pathways to PR, based on the model created by the NT government.
What Concessions Are Available Within The DAMA?
As indicated above, the NT DAMA Mk II is the only DAMA which (at the time of publication) has published their guidelines. The DAMA visa requirements consist of concessions based on the original requirements of either the TSS or ENS visa depending on which visa you are applying through.
While the requirements of the short-term and medium-term streams of the TSS 482 visa can be difficult for regional businesses (as their requirements are designed to fit capital cities, as well as regional areas) the DAMA program includes concessions adapted to the conditions of the local labour market. Essentially, the DAMA requirements are to assist in processing applicants to regional areas that may not be able to fulfill the TSS or ENS criteria.
The concessions available under the NT DAMA include:
English requirement concessions (IELTS overall 5 with a minimum of 5.6 in speaking and listening only, NO minimum requirement for writing and reading)
Skills concessions for certain occupations
Broader occupation lists compared to the TSS short-term and medium-term lists. These are more adapted to the local needs of NT businesses
Employment conditions are better aligned with local conditions – more flexibility in employment contracts compared to the rigid requirements for short-term and medium-term stream TSS.
10% TSMIT Concession (the requirement for annual salary to be no less than $53,900 is not appropriate for all occupations, so an adjusted minimum of $4,8510* applies to NT DAMA Mk II)
It is difficult to say which concessions will be available in the Warrnambool and South Australian DAMAs, however, we expect to see similar flexibility to better meet the practical needs of local employers and to facilitate migration of skilled workers in local occupation shortages.
*Note: for TSMIT concessions, all skilled migrants within the DAMA must still be paid the same or more as an Australian worker that would be doing the same occupation.
Does The Skilling Australians Fund Levy Apply To A DAMA Visa?
Yes, nomination applications for a TSS or ENS under the labour agreement stream attract the Skilling Australians Fund (“SAF”) levy unless the nominated occupation is for a religious worker.
For a TSS DAMA, the SAF will be $1,200 per year for a business with a turnover of less than $10 million and $1,800 for a business with a turnover of $10 million or more.
For an ENS DAMA, the SAF will be $3,000 flat for a business with a turnover of less than $10 million and $5,000 flat for a business with a turnover of $10 million or more.
The below is tailored to the NT program, however, similar steps would apply once another designated area is open for applications.
The sponsoring business applies to the designated area body (such as the Northern Territory Department of Trade, Business, and Innovation “DBTI”) for endorsement of your business’ labour agreement
The sponsoring business applies to the Department of Home Affairs for a labour agreement
The sponsoring business applies to the Department of Home Affairs for the nomination of an individual worker under the labour agreement
The worker applies for a TSS 482 visa under the labour agreement stream
Cost to apply for NT endorsement of labour agreement: Nil
Cost to request a labour agreement: $420
Department of Home Affairs labour agreement stream nomination charge: $330
Skilling Australians Fund levy (due when lodging nomination application
Department of Home Affairs visa application charges:
A base of $2,455
$2,455 for each additional applicant over 18
$615 for each additional applicant under 18
As we have commented on the past in our review of 2018 and forecast for 2019, we expect to see more DAMAs appearing in different regional Australian areas. The DAMA is an attractive tool for regional areas to remedy labour shortages and support their local businesses who are unable to find the labour they need to best carry on their business.
Do You Need Help With An Australian Visa Application?
At Work Visa Lawyers our team of immigration lawyers and migration agents are experienced in assisting applicants in all matters relating to Australian visa applications, including state sponsorship applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer-Sponsored Work Visas, Partner, and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.
Today, 08 February 2019, the state and territory treasurers in Canberra and the Federal Government held a meeting to implement a long term plan that would address the population crisis in capital cities.
New employer sponsored visa Agreements for Regional Areas in Australia - News and Commentary
Designated Area Migration Agreements (DAMA) guidelines finalised:
The Assistant Minister of Immigration and Border Protection, Senator Michaelia Cash, has announced the finalisation of guidelines for Designated Area Migration Agreements (DAMAs).
A DAMA will:
·allow employers in the designated area who are unable to recruit Australian workers to employ overseas workers
·have a salary concession of up to 10% for the TSMIT (the minimum wage could be $48,510)
·not undercut Australian workers wages
·require employers to meet Subclass 457 sponsorship obligations, including meeting training benchmarks
·allow for skill and English language concessions
·allow for some semi-skilled occupations
A pilot agreement has been finalised with the Northern Territory Government.
Media responses on the DAMAs:
Here is a media report on some speculation as to the effect of the DAMAs:
The DAMA appears to fall within the area of Labour Agreements.
Labour Agreements have in the past taken considerable time and patience on behalf of the relevant employer to be approved. Base on previous records, the DAMAs are unlikely to lead to a flood of cheap foreign workers.
