DAMA South Australia

A Designated Area Migration Agreement (DAMA) is executed between the Commonwealth and a State or Territory Government for the purpose of enabling an employer to sponsor skilled or semi-skilled overseas workers for positions which cannot be filled from within the local labour market. Read on to find out more about the DAMA South Australia, and how employers in South Australia can sponsor workers for a DAMA visa SA.

What Are The Two Current DAMA’s In South Australia?

Each DAMA covers a defined regional area of Australia and is based on a two-stage process. At the first stage, a five-year deed of agreement is executed between the Commonwealth Government and the region’s representative. The South Australian Government currently has the following two DAMA’s in operation:

1. The Adelaide City Technology and Innovation Advancement Agreement – this covers the Adelaide metropolitan region and focuses on Adelaide’s high-tech growth industries, with occupations in the defence, space, advanced manufacturing and technology industries; and
2. The South Australian Regional Workforce Agreement – this covers the entire state of South Australia, with occupations in the regional high growth industries in agribusiness, forestry, health and social services, aged care, hospitality, tourism, mining and the construction sectors. Agribusiness occupations apply to occupations located in postcode areas 5110 – 5734.

You will find each occupation list for occupations eligible for nomination under the SA DAMA at the links above (simply search by occupation name).

For the Metro and Regional occupation lists, the following details are provided for each occupation:

• Availability – which specifies the specific region in South Australia where the occupation may be nominated under the South Australia DAMA. The following regions may apply:

– Adelaide metropolitan: covering postcodes 5000, 5005, 5006-5025, 5031-5035, 5037-5052, 5061-5070, 5072-5076, 5081-5098, 5110*-5115*, 5116* 5117*, 5120*, 5121*, 5125*-5127*, 5150*, 5158-5174*, 5950 and 5960);

– Inner regional South Australia: Adelaide Hills, Murray Bridge, Gawler, Barossa, Light and Lower North, Fleurieu Peninsula covering postcodes 5118, 5131-5134, 5136-5142, 5144, 5151-5157, 5172, 5201- 5204, 5210-5214, 5231-5237, 5240-5245, 5250-5256, 5350-5353, 5355, 5360, 5371-5373, 5400, 5410, 5501 and 5502;

– Outer regional South Australia: Kangaroo Island, Mid North, Yorke Peninsula, Riverland, Eastern Murraylands, Limestone Coast, Far North, Eyre and Western covering postcodes 5220-5223, 5238, 5259-5273, 5275-5280, 5290, 5291, 5301- 5304, 5306-5311, 5320-5322, 5330-5333, 5340-5346, 5354, 5356, 5357, 5374, 5381, 5401, 5410-5422, 5431-5434, 5440, 5451-5455, 5460-5462, 5464, 5470-5473, 5480-5483, 5485, 5490, 5491, 5493, 5495, 5510, 5520-5523, 5540, 5550, 5552, 5554-5556, 5558, 5560, 5570-5573, 5575-5577, 5580-5583, 5600-5609, 5630-5633, 5640-5642, 5650-5655, 5660, 5661, 5670, 5671, 5680, 5690, 5700, 5701, 5710, 5713, 5715, 5717, 5719, 5720, 5722-5725, 5730-5734.

* Selected agribusiness occupations are eligible for these Metropolitan Adelaide postcodes, as there is agribusiness activity occurring in these areas.

• Skills Work Requirement – which specifies qualifications and/or work experience that are needed to qualify for nomination under the South Australia DAMA;
• Skills Assessment Requirement;
• Concessions.

What Is The ANZSCO?

For migration law purposes, each nominated occupation is defined based on the Australian and New Zealand Standard Classification of Occupations (ANZSCO), which is a system used to classify all occupations in the Australian labour market.

As we drill further down into the detail for each occupation, one of the most important elements is the skill level.

This refers to the level of skill that is normally required to competently carry out the tasks of an occupation. Each occupation is assigned a skill level of between 1 and 5.

For further detail about what the ANZSCO code and occupation skill level for an occupation means, please refer to our articles on the South Australia DAMA and South Australia DAMA Occupation List..

Be aware that the ANZSCO skill levels are also relevant for the Metro and Regional occupation lists, which is further discussed below.

In formulating these two DAMA’s in South Australia, key industry stakeholders including industry associations and employers, were consulted along with Government data, to identify skills shortages that exist in South Australia in specific industries. The list of occupations which are eligible for nomination under the DAMA’s in South Australia are reviewed annually.

The second stage of this process requires individual employers in the region entering into their own agreements with the South Australian Government, in accordance with the main agreement for the region. The resulting outcome of this process is a DAMA Labour Agreement between the Australian Government and endorsed employers operating within the relevant region. Each DAMA generally lasts for five years. Under a DAMA Labour Agreement, the endorsed employer may sponsor an agreed number of overseas workers for a DAMA Visa SA, which is the Subclass 482 Temporary Skill Shortage (TSS) visa (under the labour agreement stream).

Although the initial visa granted to approved overseas workers is a temporary one, certain DAMA Labour Agreements provide a pathway to permanent residence in Australia under the Subclass 186 Employer Nomination Scheme (ENS) programme in certain occupations after a prescribed minimum period, provided the applicant meets the eligibility requirements.

The DAMA is seen as an attractive option for South Australian employers, as it provides more opportunities for them to sponsor overseas workers in their businesses, especially in Skill level 4 and 5 occupations (these occupations were not previously eligible for sponsorship under the skilled visa programme).

Using agreement-based framework also offers a more flexible approach when compared with the standard skilled visa migration program. It enables individual regions in Australia facing unique economic and labour market conditions and to formulate an Agreement with the Australian Government to sponsor skilled and semi-skilled overseas workers in a way which responds to their needs, which otherwise would not be available under the standard skilled migration programme.

Recent changes to the DAMA in South Australia now make it an even more attractive option, with the addition of new occupations eligible for sponsorship covering the whole state of South Australia; not just in some areas. Some other key points to be aware of are:

• certain occupations do not require a skills assessment (which is now only required for TSS occupations that ordinarily would need a skills assessment);
• Immigration SA (which has been appointed as the Designated Area Representative (DAR) – see more about this below) is now the prescribed skills assessment body for various occupations which aren’t listed on the standard skilled occupations lists.
• only one years work experience is now required to qualify for a DAMA Visa SA for several occupations;
• the programme has been expanded to now allow for nominations to be made for the Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (SESR). This provides a guaranteed pathway to permanent residency through the Subclass 191 Permanent Residence (Skilled Regional) visa (as is already the case for certain occupations through the TSS/ENS pathway (as referred to above)).

The South Australian DAMA also provides a number of concessions to the sponsoring employer and to overseas workers applying for a skilled visa (depending on the specific DAMA being applied for, and the nominated occupation).

What Concessions Are Available?

Temporary Skilled Migration Income Threshold (TSMIT)

One such concession enables sponsoring employers to access a Temporary Skilled Migration Income Threshold (TSMIT) concession. The TSMIT is an entry level salary threshold which is designed to protect lower paid Australian jobs, and to ensure that visa holders have reasonable means of support whilst in Australia. Where the TSMIT concession applies, the employer must provide the visa holder with an amount of Annual Earnings which is equal to or greater than the Annual Market Salary Rate (as prescribed in the Migration Regulations) and the Reduced TSMIT (which is 90% of the TSMIT). See the Immigration SA website for further information about the three concession types which are available.

Overseas workers applying for a skilled visa under the DAMA may also have access to a concession for the English language requirement, which apply to certain nominated occupations. The following concessions may apply:

TSS and SESR concession:

• IELTS score of 5.0 overall (or equivalent), and a minimum IELTS score of 4.0 (or equivalent) for individual bands, where specified in the DAMA occupation list;
• IELTS score 4.5 overall (or equivalent), and a minimum IELTS score of 4.0 (or equivalent) for individual bands, where specified in the DAMA occupation list for occupations in outer regional South Australia.

ENS concession:

IELTS score 5.0 overall (or equivalent), and a minimum IELTS score of 4.5 (or equivalent) for individual bands, where specified in the DAMA occupation list.

IELTS refers to the International English Language Testing System or the equivalent in another accepted English language test.

Other accepted English language tests are:

• Occupational English Test (OET);
• Test of English as a Foreign Language internet-based test (TOEFL iBT);
• Pearson Test of English (PTE) Academic test; or
• Cambridge English: Advanced (CAE) test.

Permanent Residence Pathways And Age Concessions

Certain occupations under the South Australia DAMA provide a permanent residence pathway to sponsored workers on a TSS visa through the ENS programme.

Overseas workers who hold a SESR visa may also have a permanent residence pathway available through the Subclass 191 Permanent Residence (Skilled Regional) visa.

An age concession applies at the permanent residence visa stage in some cases.

The TSS visa does not have an age limit. However, applicants will need to meet an age requirement at the time of the ENS visa nomination (that is, when applying for permanent residency).

The SESR visa does have an age limit, with a requirement for the visa applicant to be aged under 45 at time of application. Eligible applicants may qualify for a age concession at the time of the SESR nomination.

Skills And Work Experience

The skills, qualifications and work experience requirements vary, depending on whether the occupation is on the Short-term Skilled Occupation List (STSOL), Medium and Long-term Strategic Skills List (MLTSSL) or Regional Occupation List (ROL) (which we will refer to as the Skilled Occupation List (SOL)), or only available under the DAMA (referred to as ‘Other Occupations.’)

ANZSCO Skill Levels 1, 2, 3 and 4 occupations on the SOL

The following skills, qualifications, experience and employment background requirements apply:

• Meet the skill level (as prescribed in the DAMA occupation list);
• Skill Level 1 and certain Skill Level 2 occupations must have at least 2 years of work experience if applying for a TSS or SESR visa, or 3 years of work experience if applying for an ENS visa, undertaken in the last 5 years;
• Skill Level 2, 3 and 4 occupations must have at least 1 year of work experience if applying for a TSS or SESR visa, or 3 years of work experience if applying for an ENS visa, undertaken in the last 3 years for TSS/SESR, or 5 years if applying for an ENS visa;

Work experience:

• must be in the nominated occupation, or a related occupation at the same skill level;
• can be full-time or part-time (pro-rata);
• can be while studying through a formal arrangement such as internships, industry and clinical placements, apprenticeships and traineeships, and work experience required through the Job Ready Program;
• where specified in the DAMA occupation list, work experience can be served concurrently with any work experience used to substitute for formal qualifications as per ANZSCO requirements, provided that work experience was at the same skill level;
• Where work experience is used to substitute for formal qualifications:

– Skill Level 1 occupations, which require 5 years of experience to substitute for a formal qualification, work experience must be undertaken within the last 8 years;

– Skill Level 2 and 3 occupations, which require 3 years of experience to substitute for a formal qualification, work experience must be undertaken within the last 5 years;

– Skill Level 4 occupations, which require 2 years of experience to substitute for a formal qualification, work experience must be undertaken within the last 3 years.

Other Occupations Not On The Skilled Occupation List

• Meet the skills requirements as defined in the DAMA occupation list for that occupation;
• Have at least 1 year of work experience if applying for a TSS or SESR visa, or 3 years of work experience if applying for an ENS visa

Work experience:

• must be in the nominated occupation, or a related occupation at the same skill level;
• must be undertaken in the last 3 years (TSS/SESR) or 5 years (ENS visa);
• must be at least 20 hours per week;
• can be while studying through a formal arrangement such as internships, industry and clinical placements, apprenticeships and traineeships, and work experience required through the Job Ready Program;
• can be served concurrently with any work experience used to substitute for formal qualifications as per ANZSCO requirements, provided that work experience was at the same skill level;
• where work experience is used to substitute for formal qualifications:

– Skill Level 1 occupations, which require 5 years of experience to substitute for a formal qualification, work experience must be undertaken within the last 8 years;

– Skill Level 2 and 3 occupations, which require 3 years of experience to substitute for a formal qualification, work experience must be undertaken within the last 5 years;

– Skill Level 4 occupations, which require 2 years of experience to substitute for a formal qualification, work experience must be undertaken within the last 3 years.

You can read more about these ‘other occupations’ (which are not in ANZSCO) in the SA DAMA – Occupation Profiles Fact Sheet.

Skills Assessment Requirements

The DAMA occupation list specifies the skills assessment requirement that applies to each occupation which is eligible for nomination under the South Australia DAMA.

For occupations listed as ‘skills verification required from South Australia,’ applicants can submit an online enquiry requesting further information about the skills assessment process.

To sponsor a worker under a DAMA in South Australia, an employer must first apply to Immigration SA for endorsement.

How Can An Employer Apply For Endorsement Under The SA DAMA?

Endorsements under a DAMA are made by a Designated Area Representative (DAR), which is the signatory to the Agreement. This body also oversees, monitors, and evaluates employers in accordance with the DAMA.

The appointed DAR in South Australia is Immigration SA.

Interested employers in South Australia can submit an online enquiry and/or apply for endorsement for a DAMA in South Australia through the Immigration SA Apply website.

If the employer’s application for endorsement is successful, they will be issued with a Letter of Endorsement by Immigration SA, which may then be used by the employer to apply for a DAMA Labour Agreement to the Department of Home Affairs (the Department).

Once the DAMA Labour Agreement is approved, eligible skilled overseas workers can then be sponsored for a DAMA visa SA by an endorsed employer who is operating in a designated region, for an occupation that is specified in the main agreement.

What Are The Obligations Of A Sponsoring Employer Under The SA DAMA?

Sponsoring a worker for a skilled visa under the DAMA brings with it a set of obligations which employers must comply with in order to retain or renew their standard business sponsorship. The employer must comply with their sponsorship obligations as outlined in their LA. These will largely mirror those which apply under the standard business program. Additional obligations may also apply.

Also be aware that the Department may monitor approved sponsors/employers through audits and site visits. Approved sponsors must agree to cooperate with the Department in relation to all monitoring and reporting requirements.

To learn more about an employer’s sponsorship obligations, please refer to our article on the DAMA Adelaide.

What Are The DAMA Assessment Criteria For Employers In South Australia?

In assessing an application for endorsement under the South Australia DAMA, the DAR will consider the following factors to determine whether the DAMA criteria are met:

Business

• Actively operating in the designated area and is lawfully operating that business for more than 12 months and the business is financially viable;
• Declare if there is any adverse information;
• Positions to be filled must be located in the designated area defined by the Agreement, namely South Australia or in the Greater Adelaide planning area.

Workforce

• Current and future workforce needs are assessed to determine the occupations and concessions sought meet the DAMA objectives, including details on any changes to workforce composition in the last 6 months;
• The number of positions for each occupation and concessions are available (the DAR will consider an equitable distribution of ceiling numbers across sectors and the region);
• Employers will need to consider what their workforce needs are for the 12 month period as endorsement is valid for 12 months and the employer can only apply once in the 12 month period;
• Businesses seeking to access more overseas workers will need to apply to the DAR for endorsement of occupation(s) and the number of positions each year.

Position and labour market testing

• Demonstrate the position is genuine and there is a genuine vacancy;
• Confirm there are no Australians and permanent residents to fill the position and labour market testing has been undertaken in accordance with Department of Home Affairs labour market testing requirements;
• Employment terms and conditions are reasonable and lawful

Concessions

Show that concessions will not undermine Overseas Worker’s ability to support themselves, lead to exploitation and demonstrate why the concession(s) are needed for the position(s) they are seeking to fill.

Next, we move on to discuss the steps to apply under the South Australia DAMA

Step 1: Apply For Endorsement Under The South Australia DAMA

Employers must complete the Application for Endorsement and the Declaration which supports the requirements for DAR endorsement.

Detailed evidence to support employers’ claims must also be provided to the Department at the Labour Agreement request stage and/or the Nomination stage.

The Endorsement application and declaration to Immigration SA affirm that:

• the business has been lawfully operating for more than 12 months;
• the business is financially viable;
• the position is genuine and there is a genuine vacancy;
• labour market testing has been completed in accordance with legislative requirements;
• employment terms and conditions being offered are reasonable and lawful;
• there have been no recent changes to workforce composition (redundancies or retrenchments);
• concessions will not undermine overseas workers’ ability to support themselves or lead to exploitation; and
  there is no adverse information about the employer.

Under this process, before providing its endorsement, the DAR will need to be satisfied that:

• the requested occupations and concessions sought are available;
• the maximum ceiling numbers have not already been reached for that year;
• the concessions are reasonable with regards to current labour market conditions in the region; and
• the request supports the objectives outlined in the DAMA.

The DAR may request further clarification and/or information if required.

Adverse Information

Adverse information about your business can have an impact on endorsement under the South Australia DAMA.

Adverse information includes any investigation, conviction, finding of non-compliance, administrative action or legal proceeding relating to a federal, state or territory law, particularly, but not limited to:

• immigration;
• industrial relations;
• occupational health and safety.

If a current or past business has been investigated or audited during the last five years, it must provide to Immigration SA details about why this happened and the outcome.

Employers should explain any mitigating circumstances that they think should be considered.

The following information is required:

• the nature of the adverse information;
• how the adverse information arose, including the credibility of the source of the adverse information;
• in the case of an alleged contravention of a law, whether the allegations have been substantiated or not (copy of court/tribunal decision);
• whether the adverse information arose recently or some time ago;
• whether the business has taken any steps to ensure the circumstances that led to the adverse information does not happen again;
• information about findings made by a relevant authority* in relation to the adverse information and the significance attached by the competent authority to the adverse information.

Be aware that even if Immigration SA has endorsed a business, this does not guarantee that the Australian Government will approve a labour agreement for the business.

*Relevant authorities include the following:

– the Department or another Australian Government agency
– the Office of the Fair Work Ombudsman, or former authority with this function, or the relevant state or territory government authority in relation to compliance with workplace relations provisions
– the relevant state or territory government authority in relation to compliance with occupational health and safety provisions.

Employers seeking endorsement under the South Australia DAMA should review the terms and conditions before applying to Immigration SA.

You can find more information about the South Australia DAMA by accessing South Australian DAMA overview and DAR Endorsement Process Flowchart Fact Sheets which are available on the Immigration South Australia website.

Step 2: Apply To the Department For A Labour Agreement

The next step is to apply for a Labour Agreement (LA) to the Department. A LA under a DAMA is classified as an ‘industry template’ labour agreement. LAs executed with employers in these industries contain the same terms and conditions as have been agreed to between the Commonwealth and State or Territory Governments in consultation with key industry stakeholders, in formulating the ‘Head’ DAMA Agreement.

The LA must be requested online via ImmiAccount. The fee to apply for a LA is nil. LA’s are generally approved for a period of five years.

LA agreement requests are considered on a case-by-case basis. To be considered, an employer must demonstrate a compelling case with supporting evidence for the employment of an overseas worker, based on:

• exceptional or niche skills of the applicant; or
• evidence of a labour market shortage .

To be approved for a LA, the evidence must show that:

• there is a genuine labour market need for an overseas skilled worker to fill a position in Australia;
• there is no standard skilled visa pathway available (unless there are exceptional circumstances); and
• the request is in Australia’s national interest.

Also be aware that where an application for a LA is refused, it cannot be appealed to the Administrative Appeals Tribunal (AAT).

The key requirements that need to be met for an application to be approved are set out below.

Labour Market Need

To satisfy this criterion, the employer must demonstrate the following:

• Australian workers are not available to fill the proposed positions;
• that they have made recent and genuine efforts to recruit Australians (by conducting Labour Market Testing (LMT) recently); and
• overseas workers are not available through standard skilled visa pathways.

The advertising must be conducted in Australia, in English, and apply the following methods.

The nominated position must be advertised:

                     (a)  on the Employment Department’s Jobactive website (http://www.jobactive.gov.au); and

                     (b)  in at least 2 advertisements on or in one or more of the following:

                              (i)  a recruitment website with national reach in Australia (other than the Jobactive website noted above);

                             (ii)  print media with national reach in Australia;

                            (iii)  radio with national reach in Australia;

                            (iv)  if the approved sponsor is an accredited sponsor—the approved sponsor’s website.

Each advertisement for the nominated position must be commissioned or authorised by the approved sponsor.

Each advertisement for the nominated position must include the following details of the position:

                     (a)  the title or a description of the position;

                     (b)  the skills or experience required for the position;

                     (c)  the name of the approved sponsor or, if the approved sponsor has engaged a recruitment agency for the purposes of the labour market testing, the name of the recruitment agency;

                     (d)  the salary for the position, if the intended annual earnings for the nominated position are lower than $96,400.00 AUD.

Duration

Applications or expressions of interest for an advertised position must be accepted for at least four weeks from when an advertisement for the position is first published on or in any of the following:

                     (a)  print media;

                     (b)  radio;

                     (c)  website.

What Type Of Evidence Must Be Provided?

For a select occupation, or a select position (these are prescribed in the legislation), a written submission should be made by the nominator that provides reasons why a suitably qualified and experienced Australian citizen or permanent resident, or eligible temporary visa holder, is not readily available to fill the nominated position.

For all other nominations, a copy of the advertising material used to advertise the position must be provided.

Evidence of comprehensive and longer-term advertising for the relevant position, including alternative evidence of LMT can help to strengthen an application. It is also more likely to be approved where the organisation provides evidence it has exhausted alternative avenues to address their staffing needs.

Evidence of domestic recruitment may also include:

• information regarding participation in job and career expos, including any associated fees, the dates and locations of these and whether any positions were filled as a result;
• written evidence from clients demonstrating demand for the nominated occupations (such as service contracts, unfilled client orders or letters of support from client organisations);
• relevant industry or other research released in the last 12 months related to labour market trends; or
• letters of support from state government authorities who have responsibility for employment.

If the requesting organisation is a large company with multiple business locations, they must provide location specific information regarding why particular positions in particular locations have been unable to be filled within the respective local labour market.

Under Immigration policy, the following factors would add weight to an assessment that the employer has made genuine efforts to recruit Australian workers:

• evidence of significant domestic recruitment activities has been provided which demonstrates that the organisation has advertised for a long period with significant coverage;
• the organisation has used Jobactive and or participated in Department of Jobs and Small Business (DJSB) programs;
• the organisation has provided evidence of staff development and/or retention strategies, and explained issues with staff turnover;
• there is detailed information available regarding the reasons why any applications received from Australian workers were rejected/not suitable.

Be aware that prescribed exemptions may be available in certain instances.

Salary requirements and employment conditions

The employer must demonstrate that they meet standard skilled visa requirements in relation to:

• paying the market salary rate; and
• ensuring that overseas workers are offered equivalent employment conditions to those that would be offered to an Australian worker.

Advice and evidence must be provided which shows what the employer intends to pay their proposed overseas workers and how this is equivalent to what an Australian worker would be paid.

Another important consideration is to demonstrate whether the organisation has sufficient turnover to financially support the proposed number of overseas workers, in addition to the existing employee numbers.

To satisfy this criterion, the employer must demonstrate as follows:

Except where the proposed nominee’s annual earnings (referred to as ‘Guaranteed Annual Earnings’ or GAE) are AUD$250,000 or above, for a nomination to be approved, the Department must be satisfied that:

• the Annual Market Salary Rate (AMSR) for the nominated occupation has been determined as prescribed in the legislation;
• the AMSR, excluding any non-monetary benefits, is not less than the TSMIT, unless it is reasonable to disregard this criterion (TSMIT is currently set at AUD53,900);
• the nominee’s GAE for the nominated occupation will not be less than the AMSR; and
• the nominee’s GAE, excluding any non-monetary benefits, is not less than TSMIT, unless it is reasonable to disregard this criterion.

Additionally, for a nomination to be approved, there should be no information known to the Department, unless it is reasonable to disregard any such information, that the AMSR as determined by the sponsor for the nominated occupation is inconsistent with Australian labour market conditions relevant to the nominated occupation.

Please refer to our Complete Guide to Labour Agreement Visa article, which explains in detail the process involved in lodging a LA request.

The Labour Agreement Has Been Approved; Now What?

Next, the LA will outline the types of visas (i.e. TSS, ENS and/or SESR visa) that can be granted under the agreement.

The LA will include a nomination ceiling, which is the maximum number of TSS, ENS and/or SESR nominations that can be approved in each year of the agreement.

With this information, the employer can now lodge the next application in this process, being the nomination for the position which it is seeking to fill.

Step 3: Apply To The Department For Nomination

The employer next needs to lodge a nomination application. As part of this process, the approved sponsor will be required to demonstrate that they meet the conditions set out in their LA for nominating an overseas worker.

How Much Does It Cost To Apply For A Nomination?

The following application costs are payable at time of lodgement:

TSS Nomination – $330

SESR Nomination – $Nil

ENS Nomination – $540

A Skilling Australian Fund (SAF) levy also applies.

Please refer to our Complete Guide to Labour Agreement Visa article, for further information on the nomination stage of the application process.

Step 4: Overseas Worker To Apply To The Department For A Visa

Once a nomination application has been lodged, the visa applicant can proceed to lodge their individual visa application with the Department (the nomination and visa applications may be lodged at the same time).

Visa applications are to be lodged online with the Department, with all required documents attached. The application fee for the primary applicant are currently set at:

TSS Visa – $2,645

SESR Visa – $$4,045

ENS Visa – $4,045

Please refer to our Complete Guide to Labour Agreement Visa article, for further information on the visa stage of the application process.

Please also see our Australian Immigration Adelaide article for links to further helpful information about the visa types available under a LA.

What Are The Benefits And Key Features Of A DAMA In South Australia?

• The major benefit of the DAMA is that it provides access to more occupations than those which are available under the standard skilled migration program.

• The DAMA, being a negotiated agreement, adds flexibility to the process, as it provides a mechanism by which individual regions in Australia can put forward their unique circumstances and individual needs, as well as the specific economic and labour market conditions in their geographical region, which may not apply to other areas of Australia.

• The DAMA enables variations to be made to the standard occupations and skill requirements which are normally required to meet eligibility requirements for nomination, with the result that concessions to visa requirements may apply. Contrast this with the standard skilled migration programme, which essentially takes a one-size-fits-all approach with hard-line and inflexible eligibility criteria. Certain occupations are also eligible for concessions to qualify for nomination under the DAMA.

• Another key feature of this programme is the need to ensure that employers recruit Australian citizens and permanent residents as a first priority. This requires employers to demonstrate that they have made a genuine attempt to recruit Australians in the local labour market by advertising the vacant position before they can access a DAMA. Evidence of LMT is required when applying to Immigration SA for a DAR endorsement, and at the nomination stage (when applying to the Department).

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Sources/Links:

Immigration SA – Skilled & Business Migration – DAMA Occupation List

https://www.migration.sa.gov.au/occupation-lists/dama-occupation-list

Immigration SA – Skilled & Business Migration – SA Occupation List – Agribusiness

https://www.migration.sa.gov.au/sites/default/files/inline-files/SA-Agribusiness-Occupation-List.pdf

Immigration SA – Local Businesses – Supporting Information – DAMA Concessions – SA DAMA – Occupation Profiles (occupations not in ANZSCO)

https://www.migration.sa.gov.au/sites/default/files/2020-10/DAMA-Non-Anzsco-Occupation-Profiles.pdf

Immigration SA – Resources – FAQ – Designated Area Migration Agreements (DAMA)

https://www.migration.sa.gov.au/resources/faq/designated-area-migration-agreements-dama#100

Immigration SA – Local Businesses – Supporting Information – DAMA Concessions

https://www.migration.sa.gov.au/local-businesses/supporting-information/dama-skills-assessment-and-concessions

Australian Government – Department of Home Affairs – Immigration and Citizenship – Visas – Working in Australia – Regional migration – Designated Area Migration Agreement

https://immi.homeaffairs.gov.au/visas/working-in-australia/regional-migration/dama

Australian Bureau of Statistics – 1220.0 – ANZSCO – Australian and New Zealand Standard Classification of Occupations, 2013, Version 1.3 – LATEST ISSUE Released at 11:30 AM (CANBERRA TIME) 05/11/2019

https://www.abs.gov.au/ANZSCO

Administrative Appeals Tribunal

https://www.aat.gov.au/