DAMA Immigration Advice for Employers

DAMA advice for employers who need another route.

A Designated Area Migration Agreement can give an employer access to occupations or terms outside standard sponsorship. Much of our immigration work involves DAMAs and labour agreements, assessing whether they can resolve the problem preventing a particular hire.

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What a DAMA is.

A DAMA is an agreement between the Australian Government and a designated regional or state representative. It sets a framework under which eligible employers can seek their own labour agreement.

It is employer-based. A worker cannot independently apply for a DAMA simply by choosing to live in the area. The business, actual work location, occupation and candidate all need to be assessed.

When a DAMA may be relevant.

The usual starting point is a specific difficulty with standard sponsorship. An occupation may fall outside the relevant list, or the candidate’s circumstances may not meet a standard requirement. An agreement may offer terms that address that difficulty.

There is no universal package of DAMA concessions. Occupations, age, English, salary and other settings depend on the agreement and the role. A concession mentioned for another region cannot be assumed to apply.

We advise employers in mining, construction and other industries on whether the applicable agreement provides a workable route. The assessment includes the employer’s operating circumstances and recruitment need.

Location and occupation come first.

The actual work site matters. A business with several locations, employees moving between projects or a head office outside the operating region needs a closer assessment of agreement coverage.

Occupation classification should reflect the duties rather than a convenient job title. We compare the proposed role with the current agreement and examine the requirement that standard sponsorship cannot meet.

The stages of a DAMA matter.

The employer seeks endorsement from the relevant designated area representative before requesting an individual labour agreement from Home Affairs. If that agreement is approved, nominations and visa applications are considered under its terms.

Endorsement is not itself a visa approval. The individual agreement, proposed nomination and worker’s application each have requirements. We explain the sequence and assess the connected issues before the employer relies on a recruitment timetable.

Permanent residence under an agreement.

Some arrangements provide a permanent residence pathway, subject to their terms and the worker meeting the relevant requirements. A temporary nomination does not establish that the permanent stage will be available to every applicant.

If long-term retention matters to the business and the candidate, that question should be examined when choosing the route.

How we assess the proposal.

Bring the business and work-site locations, duties, remuneration, recruitment history and the candidate’s CV and visa position. We identify the relevant agreement, check whether its terms address the problem and compare other options.

Our immigration work draws on experience gained since 2008. DAMAs and labour agreements are a substantial part of that work, including matters where a standard employer-sponsored route does not meet the business’s needs.

Frequently asked questions

Is a DAMA a visa I can apply for myself?

No. It is an employer-based agreement framework. A relevant employer, role and work location are needed, and the worker’s eligibility must be assessed under the applicable arrangements.

Can a DAMA help if standard sponsorship is unavailable?

Potentially. It depends on why the standard route does not fit and whether the relevant agreement offers terms that address that problem. We assess the occupation, employer, location and candidate together.

Does every DAMA offer the same concessions?

No. Coverage, occupations and concessions differ. Check the current agreement and relevant regional representative’s information for the proposed hire.

Can a DAMA lead to permanent residence?

An agreement may provide a permanent residence pathway under specified conditions. The applicable agreement and candidate’s circumstances must be checked. Temporary sponsorship does not guarantee permanent residence.

Official information

Read the current government guidance alongside advice for your circumstances.

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