Australia is facing a shortage of teachers in the medium to long term because of both the retirement of existing teachers and a general demand for teachers in specific locations and subject matter areas.

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.

 The full occupation list can be viewed here.

South Australian Regional Workforce Agreement

• 114 occupations are eligible;
  • 78 occupations eligible for employers in the whole of South Australia.
  • 36 occupations eligible for employers in the postcode range 5110 to 5734 (non-metropolitan SA)
• Concessions vary per occupation and include:
  • Skills and experience;
  • Temporary Skilled Migration Income Threshold (TSMIT);
  • English;
  • and age concessions to facilitate a permanent residency pathway
• Only certain occupations have a pathway to permanent residency via the Employer Nomination Scheme subclass 186 visa.

The full occupation list can be viewed here.

Concessions explained

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 permanent, employer-sponsored Regional Sponsored Migration Scheme (RSMS) subclass 187 visa has generated lots of attention recently for a few reasons.

From 16 November 2019 the Department of Home Affairs will introduce two new skilled regional provisional visas with a new permanent visa pathway from November 2022. The two new provisional visas will supersede two existing visas and will include some significant changes that prospective applicants need to be aware of.

The Morrison Government has released a plan to reduce congestion in major cities, encourage more skilled migrants to enter and reside in regional areas. On 20 March 2019, Prime Minister Scott Morrison announced that for the next four years immigration will be capped 160,000 migrants per year. While the total amount of immigration will be capped, the number of skilled migrants entering Australia will be raised using regional visas and skilled visa streams.

Throughout the 2018/2019 programme year, Australian immigration has witnessed some massive changes. These changes range from new government, policy changes, the abolishment of the 457 visa, and new visas being implemented. Scroll the index below to find an in-depth summary of changes and what we predict will come in 2019.

Australian Occupation Lists & Skills Assessments for TSS Subclass 482 Visa, Employer Sponsored Permanent Visa - ENS 186 - RSMS 187 - Vetassess (Direct Streams & Temporary Resident Transition Streams) 

We are often approached by clients who are confused as to whether their occupation requires a skills assessment in order to be eligible for a TSS subclass 482 visa or other employer-sponsored visa.

There has been a significant drop in Australia’s migrant intake this financial year so far, and the total numbers are expected to fall short of planned figures. The declining trend is continuing on from the last financial year, where overall visa approvals were down from the planned 190,000 to 183,000.

The migration program has been at a constant level (at 190,000) since 2012-13. Taking into account the actual permanent visas granted to 30 April 2018 of 138,086, it is estimated that the number of visas granted in total this 2017-18 financial year will likely be closer to 165,000. This is a significant drop from previous years and is the lowest in seven years.

The decrease is represented in most of the visa categories, however the drop is greatest in skilled independent and employer sponsored work visas. 

IELTS has a new test format available to students - computer-delivered IELTS, which has been designed to make it easier for students to take the test at their convenience on a desktop computer.

The IELTS test is offered in two formats, IELTS Academic and General Training. Computer-delivered test takers will be tested on the following components:

• Listening
• Speaking
• Reading
• Writing

All aspects of the computer based test are the same as the paper based test, including question types, timings, content and marking. 

In an earlier article posed on 28 March 2018, we discussed the Government’s plans to introduce the Skilling Australians Fund (SAF) which employers would have to contribute to before a work visa can be approved.

We can now confirm that the legislation which introduces the fund was passed by the Australian Senate on 8 May 2018.

What is the Skilling Australians Fund?

The Australian Government introduced the SAF to fund projects that support apprenticeships and traineeships, and will focus on training Australian workers in new skills.

"This fund will ensure an ongoing source of revenue to support Australian skills development and the take-up of apprenticeships and traineeships. The new fund will replace the existing training benchmarks, which have not been successful in generating training opportunities to allow Australians to fill skill gaps,” the government said in the Budget.

Key terms: Migration Policy Changes – Employer Sponsored Visas – Subclass 187 RSMS – Subclass 186 ENS – English Requirements – Age Requirements

With the announcement of the 457 visa programme being abolished in March 2018, the Department of Immigration and Border Protection (DIBP) also announced changes to be introduced to the permanent employer sponsored visas, which include:

·         the subclass 186 Employer Nomination Scheme (ENS) visa

·         the subclass 187 Regional Sponsored Migration Scheme (RSMS) visa

The changes are planned to be introduced in stages on 1 July 2017 and March 2018. In this article we will be looking at the changes coming on 1 July 2017.

Key terms:  457 visa – labour agreement – employer sponsored visas – migration policy changes

The Fast Food Industry Labour Agreement established in 2012 has been scrapped by Immigration Minister Peter Dutton. This will result in significant reductions of 457 skilled visas issued to fast food businesses. More than 500 skilled worker visas were approved for fast food businesses over the past four years.

The 457 visa programme has been under the microscope of the Federal Government ever since the reported visa abuse of 7-11 workers. In our earlier article we talked about the possible scrutiny of specific industries for the employer sponsored visa programme, which includes:

• the 457 visa
• the Employer Nomination Scheme ENS subclass 186 visa
• the Regional Sponsored Migration Scheme RSMS subclass 187 visa

We believe that there will be ongoing changes to the employer sponsored visa programme specific to a few industries such as hospitality (Café or Restaurant Managers) and low-level generic occupations such as Customer Service Managers and Project or Program Administrators.

The US and the UK are tightening their immigration policies. President Trump implemented a travel ban and has repeatedly emphasised that he will be evaluating the country’s immigration policy and introduce tougher screening of visa applicants. While the travel ban has been removed by the US Federal court there is no stopping the President from giving out another executive order of similar nature. In the UK there has also been a stir up as the British government looks to cap the number of international students to the UK. The trend in the development of immigration policies in these two countries has startled migrants and temporary-stay workers and students, who now ponder their future in the US or the UK.

This presents Australia with an opportunity to attract genuine skilled professionals, aspiring students and potentially business and investor migrants to Australia. The US and the UK have long benefited from their preferred migrant destination status for many years, with many entrepreneurs, technology innovators and brilliant scientists settling down in the US or UK. Now Australia may stand to gain from opening its borders to attract talent, skills and investment from overseas.

What are the visa options available for Australia?