All You Need to Know About DAMA, Designated Area Representative & Labour Agreement
What is a Designated Area Migration Agreement (DAMA) for a Work-Sponsored Visa?
A Designated Area Migration Agreement (DAMA) is a form of labour agreement negotiated between the Commonwealth government and a designated area representative, such as a state or territory government. These agreements allow for greater flexibility regarding the requirements that must be met when hiring foreign workers compared to standard skilled migration pathways.
DAMAs allow for regional businesses to address skills shortages that cannot be filled by local workers. A DAMA typically involves a head agreement under which concessions are made by the Commonwealth government. Concessions can allow for a wider occupation list than those prescribed by the Federal Government, as well as other lowered requirements such as age and English language proficiency.
Businesses can apply for an individual DAMA under a head agreement if they can demonstrate a skills shortage and need to fill a position on the occupation list of the head agreement. Although requests for an individual DAMA are made to the Australian government, the approval of the head DAMA’s representative is required before an application can be lodged. If an individual DAMA is granted, it will be in effect for 5 years.
Who is a designated area representative (DAR)?
A designated area representative (DAR) is the party responsible for negotiating the head DAMA with the Australian government. DARs are usually either a state or territory government or a regional body. The DAR is also responsible for giving concessions to businesses applying for their own individual DAMA.
As a DAMA can have an occupation list that extends beyond those listed under ANZSCO, the DAR may also be the skills-assessing body for non-ANZSCO occupations. For example, applicants under the Regional South Australia DAMA will be assessed by Skilled & Business Migration if their nominated occupation is not listed under ANZSCO. DARs may undertake yearly reviews of DAMA arrangements to ensure that they meet the needs of their regional communities.
Which visas can a DAMA apply to?
As a DAMA is a type of labour agreement, it is available for employer-sponsored visas where an application is made under the Labour Agreement stream. The visas that are applicable for a DAMA include:
What are the requirements for a DAMA?
An employer that wishes to sponsor an applicant under a DAMA must be operating in the regional area that the head DAMA covers. They must also demonstrate that there is a skills shortage and that an Australian worker cannot fill the specified position. To do so, an employer will need to undertake Labour Market Testing (LMT) by advertising the position on at least 2 different platforms. The vacant position must also be an occupation that is covered under the DAMA. As the requirements and concessions for each DAMA will be different, you should always check the particular arrangements for a DAMA to ensure that they apply to your business.
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How Can Agape Henry Crux Help
If you cannot find your occupation under the regular CSOL list for any employer-sponsored visas, maybe proceeding with the labour agreement stream may be the visa pathway for you to reach your goal. Reach out to Agape Henry Crux and speak with one of our Accredited Specialist Immigration Lawyers (s) or our team of immigration lawyers and registered migration agents who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
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