SA DAMA

South Australia (SA) is a stunning Australian state consisting of beautiful beaches, wineries, diverse wildlife, architectural designs and many more. It has a smaller population compared to busy states such as Victoria, New South Wales, or Queensland. Adelaide, SA’s capital city, stands as one of the most livable cities in the world with many opportunities for migrants to permanently settle in Australia.

What is SA DAMA?

The SA DAMA is an agreement made between the Commonwealth Government and the South Australian Government (SA government) to enable the employers to sponsor skilled and semiskilled overseas workers to certain occupations when they have exhausted their search in finding them from the local labour market (LMT). The DAMA is a slightly different process than other industry or company labour agreements as the SA Government provides the stakeholder consultation. The SA Government has a head agreement with the Commonwealth and uses this to assess the applications.

How does SA DAMA work?

Only eligible South Australian businesses can apply for SA DAMA to sponsor prospective overseas workers residing in Australia and Overseas. SA DAMA provides employers/businesses with lots of flexibility to sponsor overseas workers. The main feature of DAMA is, it comes with prearranged concessions for prospective candidates relating to age, work experience, minimum English language requirements and Temporary Skilled Migration Income Threshold (TSMIT) concessions.

Businesses may sponsor overseas workers for TSS (Subclass 482), SESR (Subclass 494) and, and ENS (subclass 186) visas where applicable under the SA DAMA, with an agreed cap limit for each occupation.

SA has two DAMA’s:

· The Adelaide City Technology and Innovation Advancement Agreement covers Adelaide metropolitan region. This agreement has been introduced for sponsors who are in Adelaide’s high-tech growth industry which includes defence, space, technology, and advanced manufacturing industries.

· The South Australian Regional Workforce Agreement covers the entire state. This agreement has been introduced for regional high-growth industries such as agribusiness, forestry, health and social services, tourism and hospitality, construction, and mining.

Endorsement from Designated Area Representative (DAR)

Skills and Business Migration is the DAR in South Australia. It’s part of the Department of Industry, Innovation and Science. Employers are required to obtain an endorsement from Skills and Business Migration to apply for a DAMA through the Department of Home Affairs website.

The DAMA applicant must demonstrate that there is a genuine need for the positions, and labour market testing (LMT) has been conducted in accordance with the guidelines to ensure that no Australians and permanent residents are available to fill the positions.

Apply for Labour Agreement under SA DAMA.

Once the DAR endorsement has been received, the employer (or their representative lawyer/migration agent) is required to lodge an online labour agreement application with the Department of Home Affairs (DOH) via Immi Account and submit the endorsement and other supporting documents.

SA DAMA Labour Agreement Request Outcome.

If your DAMA labour agreement has been approved by the Department of Home Affairs, the employer/business normally has a 12 month period to nominate prospective applicants. Once nominated, the nominee/employee can apply for his/her visa application after meeting the requirements stated in the DAMA labour agreement.

Deed of Variation request for DAMA.

DAMAs are generally approved for 5 years. However, if you wish to nominate employees after the first year, deed of variation must be lodged before expiry of the first year. In addition, if you intend to make any interim amendments to the DAMA labour agreement, you need to submit a deed of variation to DAR and follow the same process.

This is a great opportunity to find and retain highly skilled and experienced overseas workers who are dedicated to working with relevant skills and the potential to grow with the company.

The DAMA application process can be complex and time-consuming. If you are an employer wishing to sponsor overseas workers under DAMA, it’s important to determine the eligibility of your business and select the right DAMA type for your business entity. It is crucial to adhere to guidelines when conducting the labour market testing and demonstrating the genuine need for overseas workers with right skills.

Reference-https://www.migration.sa.gov.au/

Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.