Designated Area Migration Agreement (DAMA) application terms and conditions

1.   By submitting this application to Immigration SA, you are seeking the endorsement of the South Australian Government to be able to:

  • access the South Australian Designated Area Migration Agreement (DAMA); and
  • to enter into a Labour Agreement with the Department of Home Affairs (the Commonwealth).

You understand and accept that Immigration SA referred to as the Designated Area Representative (DAR) for DAMA

i. is under no obligation to endorse you for a Labour Agreement;
ii. cannot require the Commonwealth to agree to enter into a Labour Agreement with you and
iii. will not be a party to any such Labour Agreement.

2.   DAMA eligibility requirement and details needed in application:
To obtain endorsement from the DAR, to access the DAMA for the requested occupation in the designated area, you will need to complete the online application form, available on the Immigration SA Apply website, and provide the details as outlined below:

2.1   You will need to demonstrate that your business is actively operating in South Australia and

  • is financially viable and has been lawfully operating for at least 12 months
  • has no adverse history of not meeting its obligations to employees (work relations, work health and safety and migration provisions)
  • is looking to employ overseas workers to fill full-time positions located in the designated area as defined by the relevant South Australian DAMA agreement with duties that align with occupations on the Agreements occupation lists
  • cannot fill the position locally with Australian citizens or permanent residents, evidenced through labour market testing
  • can provide conditions of employment to overseas workers that are in accordance with those offered to Australian workers employed in the region.

2.2   You will have to provide the number of overseas workers needed for the positions requested along with the concessions available for each occupation.

2.3   You must undertake to provide the overseas worker with settlement information as provided by the DAR:

  • prior to you engaging them and before the overseas worker applies for visa, or
  • if they are already working for you, prior to them lodging their Subclass 482 visa application, unless they have been living and working in the designated area in South Australia for at least 12 months prior to them lodging their visa application.

2.4   You acknowledge that overseas workers (nominee) sponsored under the DAMA must satisfy the skills, qualifications, experience, employment background required under Australian and New Zealand Standard Classification of Occupations (ANZSCO) or as determined by the Department of Home Affairs at the time the Labour Agreement is signed.

2.5   Nominees will need to undertake a skill assessment as determined by the Department of Home Affairs. The relevant Skills Assessing Authority will be specified in the DAMA Labour Agreement.

2.6  Endorsed employers will be provided with a Letter of Endorsement, DAMA Agreement Number and Online Application Guide to proceed with DAMA Labour Agreement application.

2.7   You acknowledge that you are aware of relevant requirements and obligations under the Migration legislation including your sponsorship obligations.

3.   False Information
The provision of false information in support of any application to the DAR may not only result in the application being refused but is also a serious criminal offence under laws of this State and the Commonwealth. Such conduct may be prosecuted. If false information is provided in support of your application, the DAR will also advise the Department of Home Affairs.

In the event where false information has been provided and endorsement is refused or revoked, you will not be eligible for South Australian State nomination/endorsement in the future. Any subsequent applications may be refused.

4.   Documents in English
All information in your application and supporting documents must be provided in English or have an English translation or the application will not be processed. Documents that are not in English must be accompanied with an English translation from an approved translator.

5.   Supporting Documents
All supporting documentation for the application must be colour scanned copies of the original documents and provided as PDF file format.

6. Engaging a registered Migration Agent for applying
In case of engaging a registered migration agent for applying, the DAR must be satisfied that the employer has been made aware of the requirements and associated obligations, even if the application has been lodged on the employer’s behalf by an agent. A migration agent submitting an on-line application on behalf of the employer may be required to complete and submit the Form 956 ‘Advice by a Migration Agent /exempt person of providing immigration assistance’.

It is important that a migration agent provides the employer’s contact email address as part of the application process. A migration agent email address will not be accepted as a contact email address for the employer. Failure to provide the employer’s contact email address will result in the application being refused.

The DAR may provide correspondence to the employer in addition to the authorised recipient. The DAR reserves the right to contact the employer directly.

7.   Endorsement expiry
The Letter of Endorsement is valid for 12 months from the date of approval.

8.   Application for endorsement withdrawal request
You may request that your application be withdrawn at any given time during the endorsement process. Requests for withdrawal can be submitted via the Immigration SA Apply portal.

9. Applications not endorsed
Inadequate documentation, not meeting endorsement requirements, not meeting Commonwealth migration criteria, incomplete information, inadvertent omission of information and documents or any adverse information are all grounds for your application not being endorsed by the DAR.

If your application is not endorsed, you can lodge a new application.

Migration agents are reminded that failure to provide all required details will result in an application not being endorsed.

10. Permission
By completing and submitting a Request for Endorsement, you give permission to the DAR to:

  • contact you for legitimate reasons (i.e. notification of events, surveys, seminars, etc)
  • provide your contact details to third-party consultants and other government bodies working with / on behalf of the DAR who may wish to contact you for legitimate reasons (i.e. notification of events, surveys, seminars, etc)
  • provide your particulars and relevant information regarding your application to the Department of Home Affairs
  • contact third parties for the purpose of verifying the information contained in this application

Please note: Any information about migration legislation in Australia or South Australia is provided as general information only and is not legal advice. This can be used as a starting point only and is not a substitute for legal or professional advice. While the Department has attempted to ensure the information is accurate at the time of publishing, no responsibility will be accepted for any errors or omissions and the Government of South Australia will not be liable for any loss or damage incurred by any person as a consequence of any use, reference or reliance on this information. Any such use, reference or reliance shall be at the sole risk of that person who should seek their own legal and or/professional advice if required.