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Government of South Australia - Department of Industry, Innovation and ScienceGovernment of South Australia - Department of Industry, Innovation and ScienceGovernment of South Australia - Move to South Australia

How to apply under DAMA

The key steps required to apply through the DAMA pathway

Preparing your application

Skilled and Business Migration are only able to support one variation in each year of a labour agreement. We will not accept any variation requests in the first six months after a new agreement is executed. You should plan ahead for your business needs.

Once you’ve confirmed that your business is eligible to enter into a Designated Area Migration Agreement (DAMA), you’ll need to prepare the required documents to apply for either:

  • Designated Area Representative (DAR) endorsement, for new DAMA applications, or
  • A Variation Request, if your business already has a Labour Agreement in place and wants to make changes, such as increasing nomination numbers or adding new occupations.

Both applications follow the same process and have the same documentation and eligibility requirements.

We are only able to support one variation in each year of a labour agreement. We will not accept any variation requests in the first six months after a new agreement is executed. You should plan ahead for your business needs.

Application process

How to apply

Before starting your application, you must undertake these below steps
  1. Read and understand the DAMA Terms & Conditions
  2. Ensure you meet the DAMA Endorsement Requirements
  3. Have prepared all documentation required for your endorsement application and follow the relevant checklist (below).

Documents required for the DAMA Labour Agreement Endorsement application and Variation Requests


About the Business

  • Department of Home Affairs Approved Employer or Standard Business Sponsor notification (if accredited)
  • A declaration completed and signed by the appropriate business representative with the authority to enter into a labour agreement with the Department of Home Affairs.
  • Form 956 if represented by a Migration Agent.
  • Letter of support from registered chartered accountant or certified practicing accountant confirming that the business:
    - has been actively and lawfully operating for at least 12 months, and
    - has the financial capacity to employ the number of requested overseas workers and to meet sponsorship obligations
  • Lease agreement for the registered business address. If the property is owned by the business, please provide council rates for the business address.
  • Financial reports:
    - A finalised profit and loss report for the recently completed financial year.
    - Two (2) Business Activity Statements (BAS) for the most recent quarters.
  • Organisational chart (see Sample Organisation Chart), showing:
    - The name of the business 
    - All current employees and reporting lines 
    - Position titles and vacant position/s (clearly showing the nominated position) 
    - Employment status for all positions (part time/full time/casual) 
    - Residency status or visa types for all employees (Aus Citizen/Permanent Resident/current visa held) 
    - Where the nominated position(s) fit into the existing business structure
  • Documents pertaining to any investigations or audits for the business, or any associated (including previously) entities, in the last 5 years:
    - by the Fairwork Ombudsman in regard to workplace relations provisions
    - by the relevant state or territory government authority in relation to compliance with work health and safety provisions.
    - in relation to compliance with migration provisions
  • If the employer is a Trust/Trustee: 
    - The signed and dated trust deed
    - The ASIC certificate for the business
  • If submitting a DAMA variation request:
  • The most recently executed labour agreement, signed and dated.  

    Note: If you wish to nominate after the first year of your DAMA, a variation request must be submitted close to the start of the new year. 

    Variation requests are considered annually. Employers are required to consider their staffing needs for the 12-month period prior to applying for DAMA or variation. Skilled & Business Migration understand that situations change, and you may need to increase your occupation ceiling or add additional occupations. In such cases, you may submit additional variation requests, however Skilled & Business Migration will provide endorsement on a discretionary basis.

About the Position

  • Job description/role statement for each nominated position.
  • A statement written by the employer explaining the genuine need for overseas workers, and the steps the business has taken to employ local workers in the first instance.
  • An employment contract on company letterhead reflecting the terms and conditions as will be offered to the nominee(s), including: 
    - The position title  
    - Confirmation that the role will be on a permanent full-time basis  
    - Remuneration, detailing the base salary, and other monetary and non-monetary earnings (if applicable) in line with the relevant Award or Enterprise Agreement, classification, and relevant pay point the position falls under (if applicable)
    - The ordinary hours to be worked, plus any additional hours expected to be worked  
    - Superannuation entitlements  
    - All other minimum workplace entitlements in line with the National Employment Standards (including leave entitlements and all other minimum entitlements)  
    - Payslips of any full-time workers in the same, or similar, role.

Recruitment Activity/Labour Market Testing

  • A copy of at least two (2) job advertisements as published within the last 12 months on a platform with national reach for a minimum period of 28 days (4 weeks); the advertisements must include:
    - The job title and/or description of the role 
    - The role as a full-time position 
    - The employer (or recruitment agency used to advertise) 
    - The salary or salary range for the role (if offering a base annual salary of less than $96,400) 
    - The skills and experience required for the role
  • Evidence showing the active dates (publishing and closing dates) of the two (2) advertisements

Note: evidence of Labour Market Testing (LMT) is not required for DAMA variation requests to add Employer Nomination Scheme (ENS) subclass 186 visa (Labour Agreement stream) positions. Nominees for ENS positions must be existing Skills in Demand (SID) subclass 482 visa holders under the Labour Agreement stream for the employer.

Documents required for DAR Skills Assessment

For the nominating employer:  

  • A copy of the most recently executed labour agreement or labour agreement variation, signed and dated by the business representative and the Department of Home Affairs
  • A statement from the nominating employer that confirms the nominee has the skills, work experience, and qualifications required to undertake the position and meet the requirements of the occupation under the South Australian DAMA  
    - This statement must include details of the verification undertaken by the employer. The employer must confirm that the nominee’s qualification and work experience are at the required skill level (e.g. interviews, employment reference checks, qualification verification)

For the nominee:  

  • A copy of the nominee’s passport (the biographical detail page, including their photograph, only)
  • A current curriculum vitae (CV) (maximum 3 pages)

Qualification  

  • A graduation certificate for any relevant qualification (including a translated copy, if relevant), which includes:  
    - The qualification
    - Name and country of institution 
    - Date qualification awarded/conferred  
    - Course duration
  • An official academic transcript for any relevant qualification (including a translated copy, if relevant)
  • Evidence of work placement undertaken, if required for the qualification

Work experience  

  • An employment reference letter from each employer for any relevant work experience (including a translated copy, if relevant), which includes:  
    - The job title  
    - Duties and tasks
    - Number of hours worked per week  
    - Salary or salary rate  
    - The employment duration (start and end date of work)  

    NOTE: Reference letters must be on official company letterhead and must be signed and dated by the relevant authority with their job title and current contact details.
  • All payslips from each relevant employer for the work experience duration required for your occupation.
  • Bank statements showing salary deposits from each relevant employer for the work experience period required for your occupation.
  • If reliant on overseas work experience, you’re not required to provide bank statements.

DAMA terms & conditions

If you are intending to enter into a DAMA Labour Agreement and are seeking endorsement from the South Australian Government, prior to commencing your endorsement application, please ensure you review all terms and conditions

1. By submitting this application to Skilled & Business Migration, you are seeking the endorsement of the South Australian Government to be able to:

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

1.1 You understand and accept that Skilled & Business Migration is:

  • referred to as the Designated Area Representative (DAR) for DAMA.
  • is under no obligation to endorse you for a Labour Agreement;
  • cannot require the Commonwealth to agree to enter into a Labour Agreement with you; and
  • will not be a party to any such Labour Agreement.

2. Endorsement eligibility requirement and details needed in application:

To obtain endorsement from the DAR, to access the DAMA for the requested occupation(s) in the designated area, you will need to complete the online application, available through the Skilled & Business Migration portal, and provide the details as follows:

2.1 You will need to provide details 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
  • has completed the declaration statement.

2.2 You will need to consider your workforce needs for the next 12 months and provide the number of overseas workers needed for the positions requested along with the concessions available for each occupation.

3. Following endorsement:

  • You must undertake to provide the overseas worker with settlement information.
  • Overseas workers (nominees) sponsored under the DAMA must satisfy the skills, qualifications, experience, employment background required under Australian and New Zealand Standard Classification of Occupations (OSCA) or as determined by the Department of Home Affairs.
  • Nominees may need to undertake a skills assessment as determined by the Department of Home Affairs with the relevant Skills Assessing Authority.
  • Nominees must meet any occupational licensing and registration requirements as per migration regulations and/or State and Territory laws.

3.1 Endorsed employers will be provided with a Letter of Endorsement, detailing the DAMA Agreement name and number and 'Labour Agreement Request Form - Guide for applicants - DAMA' to assist with applying for the Individual Labour Agreement application.

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

4. Application Submission

You must be a registered user of the Skilled & Business Migration portal to submit an application.

All applications are submitted via the secure online application system at: https://apply.migration.sa.gov.au

Applications must be submitted within 14 days from the created date. If an application has not been submitted after 14 days from the creation, it will be automatically deleted. The application can be saved to be progressed anytime within the 14-day period. If saved applications need to be deleted for operational requirements, Skilled & Business Migration will advise users (where possible in advance) via email.

Changes may only be made to the application before selecting the 'submit' button.

A business can be endorsed only once within a 12-month period for each agreement.

The application allows you to "add occupations" if applying for multiple occupations under one agreement.

You must check that all the information is correct before submitting an application. After submitting your application by selecting the 'submit' button, your application will be locked and you will not be able to make any further changes to your application.

Requests to 'unlock' or change details on a submitted application will be refused.

Skilled & Business Migration reserves the right to change the duration of the saved and submit hold timeframe. Any changes to these dates will be updated in the terms and conditions.

5. 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.

6. 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.

7. Supporting Documents

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

8. Immigration Assistance

If engaging a third party for immigration assistance, the DAR must be satisfied that the employer has been made aware of the requirements and associated obligations. A third-party submitting an on-line application on behalf of the employer may be required to complete and submit the Form 956 ‘Appointment of a registered migration agent, legal practitioner or exempt person’.

It is important that the third-party provides the employer’s contact email address as part of the application process. 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.

9. Endorsement expiry

The Letter of Endorsement is valid for 12 months from the date of approval. After this time, if additional occupations are required under the Labour Agreement, the employer may submit a Variation Request through the Skilled & Business Migration portal.

10. Applications not endorsed

The DAR cannot endorse if:

  1. the Occupations and Concessions are not approved under the DAMA; or
  2. if the Maximum Number of Nominations approved under the DAMA have been reached; or
  3. it reasonably believes the number of prospective Overseas Workers being requested to be engaged in the designated area and Occupations is not appropriate regarding the current labour market conditions in those locations; or
  4. you have not genuinely sought to recruit, as specified by the Commonwealth, Australians to the requested Occupations in the Designated Area; or
  5. any adverse Information is known about your business.
  6. the application contains inadequate documentation, inadvertent omission of information or documents or incomplete information.

11. 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.

Fees & charges

There are no fees for:

  • Applying for DAR Endorsement or a Variation Request to access South Australia’s DAMAs
  • Entering into a Labour Agreement with the Australian Government

Fees may apply for:

  • Lodging a nomination application (Department of Home Affairs – Employer)
  • Paying the Skilling Australians Fund (SAF) levy (Department of Employment and Workplace Relations – Employer)
  • Visa application fees (Department of Home Affairs – Visa applicant)
  • Any professional services or evidence gathering associated with your application

Are you ready to submit an application?

Submit an online application via the Skilled and Business Migration Portal.

Follow these steps to submit your application.

  1. You will need an account to submit an application. Visit the Skilled and Business Migration Portal and select 'Register'.
  2. Be sure to select 'South Australian Employer' or 'Migration Agent' as your registration type and follow the prompts to complete registration.
  3. If you are already registered, login to your account and select your preference in the 'My Applications' section:
  • Designated Area Migration Agreement (DAMA)
  • Variation Request (DAMAV) - (For variations to existing Labour Agreement)
  • DAR Skills assessment
Submit via the Skilled and Business Migration Portal.