What Are the Eligibility Requirements for DAMA?
Are you an employer trying to apply for a Designated Area Migration Agreement (DAMA)? Or are you a visa applicant trying to apply under a DAMA? This article will explain all of the requirements that you will need to meet for both sponsors and applicants.
How can a sponsor be eligible for a DAMA?
A DAMA typically consists of a head agreement between the Australian government and a Designated Area Representative (DAR), usually a state or territory government or a regional authority. The head agreement will include a range of concessions for the Skills in Demand (SID) (subclass 482) Visa, Skilled Employer Sponsored Regional (Subclass 494) Visa and Employer Nomination Scheme (Subclass 186) visa applicants so that they will be subject to reduced requirements. With the DAR’s approval, individual sponsors can apply for a DAMA under the head agreement. You will need to apply for specific concessions, as you will not be automatically entitled to all of the concessions made under the head agreement. You will also need to be operating in a region covered by a DAMA head agreement, of which there are currently 13.
The purpose of a DAMA is to address skills shortages in a particular region, so you will need to demonstrate that you have not been able to find an Australian worker to fill the position. Labour market testing (LMT) is usually conducted as proof of this, where you will need to post at least two advertisements for the position within 4 months of nominating a worker.
The standard sponsorship requirements will also need to be met, including having a genuine vacancy, lawfully operating for over 12 months and having no adverse information about your business. You will also need to meet the specific salary requirements for the nominated position, although these may be subject to concessions under the DAMA.
What occupations can I nominate under a DAMA?
As DAMAs and labour agreements, in general, are flexible agreements, the exact list of occupations that can be nominated under a DAMA will differ depending on the concessions made under each head agreement. Typically, a DAMA will cover a wider range of occupations than other occupation lists. It is recommended that you check the particular list for the DAMA head agreement you are applying under to see if you are eligible to nominate a worker for your position.
What requirements will an applicant need to meet?
As an applicant, meeting the eligibility requirements for a DAMA is much simpler. You will need to be nominated to work in an eligible occupation listed under a DAMA. Your sponsor will need to have an individual DAMA made under the head agreement.
If your nominated occupation is not included in a standard occupation list, the skills assessing body will usually be specified under the DAMA head agreement. You will need to check the terms of the particular DAMA you are applying under to determine whether there are any applicable concessions, such as changed age or English requirements. Outside of changes negotiated as part of the DAMA, the requirements that you will need to meet will mostly be the same as those of other visa streams.
How Can Agape Henry Crux Help
If you are interested in DAMA and labour agreement for your next visa pathway, contact Agape Henry Crux. 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.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
Client Testimonials
….we call it Support Network
As navigating through the immigration law process may be difficult, our former clients have agreed to share their experiences through telephone chats, emails and meetings in person.
These are their stories…
