If you are a South Australian business seeking to nominate a skilled migrant for the Temporary Skill Shortage visa (subclass 482) or the Skilled Employer Sponsored Regional (subclass 494) provisional visa under the DAMA framework, you must apply for endorsement from the South Australian Government. South Australia has entered into two DAMAs with the Australian Government.
1.Designated Area Migration Agreements (DAMA)
The South Australian Government has entered into two DAMAs:
- Adelaide Technology and Innovation Advancement Agreement
This agreement focuses on Adelaide’s high-tech growth industries including defence, space, technology and advanced manufacturing industries. The Adelaide City Technology and Innovation Advancement Agreement is the Designated Area Migration Agreement (DAMA) covering metropolitan Adelaide.
- South Australian Regional Workforce Agreement
This agreement focuses on the South Australia’s regional high growth industries including agribusiness, forestry, health and social services, tourism and hospitality, construction and mining. The South Australian Regional Workforce Agreement is the Designated Area Migration Agreement (DAMA) covering the entire state of South Australia.
The DAMAs enable South Australian employers to sponsor skilled overseas workers for positions they are unable to fill with local workers. Employers experiencing skills and labour shortages can apply for endorsement to enter into a DAMA labour agreement. This enables them to sponsor skilled and semi-skilled overseas workers with more flexible requirements than are available via the standard skilled visa programs.
Skilled & Business Migration undertakes the role of Designated Area Representative (DAR), which is responsible for endorsing employers seeking to access overseas workers through the Designated Area Migration Agreements.
The Designated Area Migration Agreement (DAMA) is an overarching five-year deed of agreement between the Commonwealth and the Designated Area Representative (DAR) which is the Department for Innovation and Skills, Skilled & Business Migration.
The DAR has established a range of endorsement requirements in consultation with the Department of Home Affairs, these requirements are designed to meet the objectives of the DAMA and are policy conditions that respond to the objectives of the agreements.
The Migration Regulations, as well as any additional requirements outlined in a DAMA labour agreement, determine the requirements to be met at nomination and visa stage.
2. Employment sponsorship or endorsement
Employers are required to seek endorsement from the DAR to sponsor overseas workers under the DAMA. Employers will be required to:
- Meet the Terms and Conditions of Endorsement as set by DAR
- Enter into individual DAMA Labour Agreements with the Department of Home Affairs
- Ensure the nomination criteria are met and to the best of their knowledge the nominee satisfy their visa criteria
- Pay all applicable fees and levies when lodging nomination applications
- Lodge nominations to fill vacancies through the Temporary Skill Shortage (TSS) program, or the Skilled Employer Sponsored Regional (SESR) Provisional visa, and where eligible lodge for permanent residency through the Employer Nomination Scheme (ENS) program, subject to meeting requirements
- Meet sponsorship obligations
- Work with the DAR and Commonwealth Department to review the DAMA Labour Agreement annually.
Approved Sponsors are subject to temporary residence sponsorship obligations and a sanctions framework under existing Migration law.
3.DAMA Skills Assessment & Concessions
If you are a South Australian business seeking to nominate a skilled migrant under the DAMA framework.
It is important that you understand the available concessions, as well as the skills, qualifications, experience, employment background requirements to be considered during the application process.
Eligible occupations (see DAMA occupation list) are able to access a concession to the Temporary Skilled Migration Income Threshold (TSMIT).
4.South Australia DAMA Occupation List
The DAMA Occupation List
Some new occupations under DAMAs related to agribusiness, hospitality, motor trades, forestry, manufacturing, and tourism. The South Australian Government have issued two DAMAs, and they are:
1. Adelaide Technology and Information Advanced Agreement
This particular agreement focuses on all the high-tech growth industries of Adelaide. These industries are:
- Advanced manufacturing
- Defence
- Technology
- Space
The Innovation Advancement Agreement and Adelaide City Technology are the DAMA or Designated Area Migration Agreements. It covers the metropolitan sector of Adelaide.
2. South Australian Regional Workforce Agreement
This agreement is for the regional high-growth industries of South Australia. These industries are:
- Mining
- Forestry
- Agribusinesses
- Construction
- Forestry
- Social and health services
- Hospitality and tourism
The South Australian Regional Workforce Agreement is a DAMA that covers all states of South Australia.
Official Source : DAMA Occupation List
5. PR Pathways and Concessions to the Temporary Skilled Migration Income Threshold (TSMIT).
When this concession applies, the employer must provide the Overseas Worker with an amount of Annual Earnings which is equal to or greater than the Annual Market Salary Rate (see Migration Regulations) and Reduced TSMIT.
‘Reduced TSMIT’ mean 90% of TSMIT.
If an occupation is not eligible for a TSMIT concession, the nominating employer must meet the requirements relating to TSMIT, Annual Market Salary Rate and Annual Earnings which would apply if the Overseas Worker were nominated for the that visa (TSS, SESR or ENS visa).
TSMIT concession types
Employers may seek endorsement from the Designated Area Representative (DAR) for one of the following concession types to apply to a concessional occupation.
| Type 1 | Type 2 | Type 3 | |
|
Monetary Earnings |
At least Reduced TSMIT |
At least Reduced TSMIT less non- monetary earnings (other) |
At least Reduced TSMIT less non- monetary earnings (food & board) |
|
Non-monetary earnings (food & board) |
Nil |
Nil |
Cannot exceed published SA homestay rates |
|
Non-monetary earnings (other) |
Nil |
No more than 10% of Reduced TSMIT |
Nil |
|
Total Annual Earnings |
At least Reduced TSMIT |
At least Reduced TSMIT |
At least Reduced TSMIT |
DAMA Assessment Criteria
In order to enter into a Designated Area Migration Agreement (DAMA) to employ skilled migrants on the subclass 482 visa or subclass 494 visa, you must be assessed by a Designated Area Representative (DAR) and fulfil a range of criteria to progress your application.
In South Australia, the Designated Area Representative (DAR) is Skilled and Business Migration.
The DAR considers the following factors to determine the DAMA criteria are met:
- Business – Employers
- Workforce – Employees
- Position and labour market testing
- Concessions
The Designated Area Migration Agreements have included concessions for some standard visa needs. These concessions are:
- Age requirements
- Lessening the work experience
- English language requirements
- This particular pathway is provided to all the highly-skilled applicants
If you’re looking for latest updates and information on such matters, get in touch with No Borders Law Group to help you.
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Source:
Commonwealth of Australia;
Department of Home Affairs
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