A Designated Area Migration Agreement (DAMA) is an agreement between a specific area and the Australian government that allows for businesses in that area to sponsor overseas workers through a labour agreement. What is special about labour agreements are that they allow for those businesses to sponsor workers for the labour agreement stream Temporary Skill Shortage (TSS) visa (subclass 482). The labour agreement stream TSS visa provides access to occupations that are not otherwise available under the TSS streams or other employer sponsored visas.
Read: The 482 Australian Work Visa Part 1
Read: Your Complete Guide To The Temporary Skill Shortage (TSS) Visa (Subclass 482) Part II
This is very helpful for businesses who are struggling to fill roles with the labour available in their region. It also means that there is potential for you to get sponsored for an Australian visa even if your occupation is not on the standard occupation list or you do not meet the skill level required!
Is your occupation on the current lists? You may want to consider looking for sponsorships by business covered by DAMAs if you are not. The occupation list below covers all the occupations covered by the major visas (not labour stream TSS 482 visas) and their related ANZSCO codes, assessing authorities and visas that occupation is eligible for.
Read: The AILS Complete Occupation List Guide
As each DAMA is specific to an area, the requirements for businesses, occupation lists and special benefits will vary between DAMAs.
We have covered two other DAMAs so far, for the areas of South Australia and Northern Territory
Read: South Australia DAMA: Requirements
Read: South Australia DAMA: Occupations and Benefits
Read: Labour Agreement TSS 482 Visa: Northern Territory – Visa Applicants
Read: Labour Agreement TSS 482 Visa: Northern Territory – Businesses
Let’s now go through the Orana DAMA, which will open for applications this month, October 2019. The Orana Region sits northwest of Sydney city and is the largest region in New South Wales, and sits at roughly 25% of all the area in New South Wales. The Orana Region is home to almost 123,000 people and has a strong economy, contributing over $8 billion to the State and Nation’s GDP annually. The major industry segments in the area are mining, agriculture and health related. That sounds like a lot of opportunity.
Applications
The Orana region DAMA will look to give out around 500 approved nominations for TSS 482 visas and Employer Nomination Scheme (ENS) visas (subclass 186) in its first year.
The application process will be released very soon and we look forward to updating you with the details when they are published. ORANA has so far shared that it will be a rigorous process and will require:
- Labour Marketing Testing – evidence that the job was advertised in Australia for at less 4 weeks unsuccessfully over the 4 months prior to the application for a sponsored visa
- Positive skills assessment from the visa applicant
- Evidence of skills
- Qualification requirements
- English requirements
Business requirements
Businesses must meet the following requirements:
- Actively operating in the Orana region
- Are viable and have been operating for at least 12 months
- Have no history of not meeting its obligations to employees
- Are looking to employ overseas workers to fill full-time positions with duties that align with one of the occupations on the Orana region DAMA list
- Can demonstrate they cannot fill the position locally with Australian citizens or permanent residents
- Can provide terms and conditions of employment to overseas workers that are in accordance with those offered to Australian workers employed in the region.
Occupations available
The occupation lists have not been released, however, they are set to include occupations in the following industries:
- Agriculture
- Education
- Hospitality
- Manufacturing
- Trades
- Professions
- Plant Operators
- Health & Social Welfare
Positions range from level 4 and level 5 positions that are not eligible for other employer sponsored visas, as well as include levels 1 through to 3 positions that are on the current occupation lists for other employer sponsored visas.
Skill levels
Generally skill levels are based on qualifications and/or work experience. To find out the skill level associated with an occupation, find out the ANZSCO code attached to your occupation and search for it in the ANZSCO directory. For example, the ANZSCO code for the occupation of a Chef is 351511 and the skill level is 2.
Bear in mind that you should pay attention to the tasks associated with that occupation, as unless you actually have been performing responsibilities or the sort and at that skill level, regardless of the your title in your previous jobs, you would not be taken to be qualified.
SKILL LEVEL 1
Occupations at Skill Level 1 have a level of skill commensurate with a bachelor degree or higher qualification. At least five years of relevant experience may substitute for the formal qualification. In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification.
SKILL LEVEL 2
Occupations at Skill Level 2 have a level of skill commensurate with one of the following:
- NZ Register Diploma or
- AQF Associate Degree, Advanced Diploma or Diploma.
At least three years of relevant experience may substitute for the formal qualifications listed above. In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification.
SKILL LEVEL 3
Occupations at Skill Level 3 have a level of skill commensurate with one of the following:
- NZ Register Level 4 qualification
- AQF Certificate IV or
- AQF Certificate III including at least two years of on-the-job training.
At least three years of relevant experience may substitute for the formal qualifications listed above. In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification.
SKILL LEVEL 4
Occupations at Skill Level 4 have a level of skill commensurate with one of the following:
- NZ Register Level 2 or 3 qualification or
- AQF Certificate II or III.
At least one year of relevant experience may substitute for the formal qualifications listed above. In some instances relevant experience may be required in addition to the formal qualification.
SKILL LEVEL 5
Occupations at Skill Level 5 have a level of skill commensurate with one of the following:
- NZ Register Level 1 qualification
- AQF Certificate I or
- compulsory secondary education.
For some occupations a short period of on-the-job training may be required in addition to or instead of the formal qualification. In some instances, no formal qualification or on-the-job training may be required.
Keep updated!
It won’t be long until further details are released, however based on what we see with the South Australia DAMA and Northern Territory DAMA, we expect the following are likely:
- Occupations outside the current occupation lists made available through the DAMA
- Possible concessions for English language requirements
- Possible concessions to the Temporary Skilled Migration Income Threshold (TSMIT)
- Pathway to permanent residency
Read: TSMIS – TSS 482, ENS & RSMS Visas: Salary Requirements
Read: English Proficiency Tests
Here’s a closing fun fact, Orana means ‘Welcome’ in Wiradjuri. We do hope to see that the finalised occupation lists are welcoming and will be full of opportunity for visa applicants.
If you are struggling to find a visa suitable to you, consider checking out if businesses in covered by DAMAs. You may also choose to speak with us to discover all your potential visa options, which may include other pathways that are less heard of.
If you have found a sponsor and want to apply for a labour agreement TSS 482 visa, let us help you! Australian Immigration Law Services has a team of migration specialists who are very experienced in employer sponsored visas. Call +61 2 8054 2537, 0434 890 199 or book online today to speak to our migration specialists.
