South Australian DAMA: A Guide for Employers

South Australian DAMA: What You Need to Know

The South Australian Designated Area Migration Agreement (DAMA) is a powerful tool for South Australian employers struggling to fill key roles with local workers. This formal, five-year agreement between the Australian Government and the South Australian Government provides a flexible migration pathway that helps businesses access skilled and semi-skilled overseas workers.

If your business faces persistent labour shortages, the SA DAMA offers a practical and streamlined migration solution. It is designed to support regional economies by offering more flexible visa conditions and a wider range of occupations than standard skilled visa programs.

What is a Designated Area Migration Agreement (DAMA)?

A Designated Area Migration Agreement (DAMA) is a formal arrangement between the Australian Government (represented by the Department of Home Affairs) and a regional, state, or territory authority (the Designated Area Representative, or DAR). It is a two-tiered framework enabling eligible employers in a defined regional area to sponsor overseas workers when local labour is unavailable.

DAMAs are crucial for regional development, helping businesses maintain operations and drive growth. The concessions available under a DAMA often include:

• Lower English language requirements for certain occupations.
• Higher age limits than the standard visa programs.
• Concessions on the minimum salary levels (Temporary Skilled Migration Income Threshold, or TSMIT) for some roles.
• Expanded occupation lists that include roles not available under the standard skilled lists.

Through a DAMA, regional employers can access occupations not normally available under other visa programs, helping them fill critical roles and maintain business operations. You are getting access to a skilled workforce you simply cannot find locally.

The Two South Australian Designated Area Migration Agreements

The South Australian DAMA is a partnership between the Department of Home Affairs and the South Australian Government (Department for Industry, Innovation and Science). This agreement allows endorsed South Australian employers to sponsor overseas workers for occupations they cannot fill with local talent.

It is important to understand that South Australia operates two distinct DAMA regions under the head agreement, each tailored to different economic needs:

Adelaide City Technology and Innovation Advancement Agreement

This agreement focuses on the high-tech, defence, space, and advanced manufacturing sectors within metropolitan Adelaide. It is highly specialised to support the state’s innovation agenda.

South Australian Regional Workforce DAMA (SA Regional DAMA)

This covers all areas outside metropolitan Adelaide and targets a broader range of industries like agribusiness, construction, healthcare, and tourism. This SA Regional DAMA is vital for supporting non-metropolitan business operations.

The program is administered by Skilled & Business Migration, the Designated Area Representative (DAR) responsible for assessing and endorsing employers and variation requests.

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The DAMA Visa Programs and Permanent Residence

The Designated Area Migration Agreement utilises specific visa subclasses under the Labour Agreement stream. These pathways allow skilled overseas workers to live and work in the state, often with a clear path to permanent residency.

The SA DAMA currently provides pathways for the following visas:

• Temporary Skill Shortage (TSS) visa (subclass 482): This allows an endorsed employer to sponsor a worker temporarily. Crucially, the pathway to the permanent Employer Nomination Scheme (ENS) visa (subclass 186) has been shortened for eligible DAMA 482 visa holders.
• Skilled Employer Sponsored Regional (Provisional) visa (subclass 494): This is a provisional visa for employers in regional areas.
• Employer Nomination Scheme (ENS) visa (subclass 186): This is the permanent residence pathway, often transitioned to from a subclass 482 or subclass 494 visa after a specified employment period.

This clear and achievable pathway to permanent residence is a major drawcard for highly skilled overseas workers considering a move to South Australia.

Employer Endorsement and DAMA Labour Agreements

Before sponsoring workers through the South Australian DAMA, employers must first be endorsed by the Designated Area Representative (DAR), Skilled & Business Migration. This initial step ensures the business:

• Operates in South Australia.
• Is financially viable.
• Has a genuine labour shortage that cannot be filled locally.
• Has been lawfully operating for at least 12 months.

Applying for a Labour Agreement

After receiving endorsement, employers can apply to the Department of Home Affairs for a DAMA Labour Agreement. This is the second tier of the DAMA framework and is a contract that outlines the specific occupations, the maximum number of workers (employer ceiling), and the particular concessions available to that individual employer.

A DAMA Labour Agreement can allow employers to:

• Sponsor workers under a broader range of occupations.
• Access flexible visa criteria (age, English, salary).
• Create a pathway to permanent residence via the Employer Nomination Scheme (ENS) visa (subclass 186).

Variation Requests and Employer Ceilings

Employers who already hold a DAMA Labour Agreement may need to make changes to it — known as Variation Requests. This is a common part of the process, particularly as business needs evolve.

A variation may be required to:

• Add or remove approved occupations.
• Adjust the maximum number of available positions (employer ceilings).
• Nominate an existing Temporary Skill Shortage (TSS) visa (subclass 482) holder for permanent residence under the ENS (subclass 186).

Variation requests must be endorsed by Skilled & Business Migration and subsequently approved by the Department of Home Affairs. Once approved, changes are recorded in a deed of variation issued to both the employer and the DAR.

How to Apply for a Variation

Employers who wish to vary their existing DAMA Labour Agreement must submit an online application to Skilled & Business Migration. The DAR assesses the application before forwarding it to the Department of Home Affairs for approval. Detailed instructions and eligibility requirements are outlined on the Skilled & Business Migration website.

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Labour Market Testing (LMT) and Permanent Residence

A key advantage for employers seeking to nominate a worker for permanent residence under the ENS (subclass 186) via the DAMA Labour Agreement is the concession on Labour Market Testing (LMT).

Importantly, Labour Market Testing (LMT) evidence is not required when seeking endorsement for an ENS nomination under a DAMA Labour Agreement. This significantly streamlines the permanent residence application process for eligible DAMA visa holders.

Why the South Australian Designated Area Migration Agreement is Important

The South Australian Designated Area Migration Agreement supports both employers and skilled overseas workers. It helps regional businesses continue operating by addressing labour shortages and provides workers with valuable employment opportunities — often leading to permanent residency for themselves and their families. This is a true win-win for regional Australia.

Industries that particularly benefit from the South Australian DAMA include healthcare, agribusiness, construction, and technology — all vital to South Australia’s regional growth and development. The expanded occupation lists are designed to capture a wide range of essential roles.

This programme is a clear reflection of the state government’s commitment to facilitating a stable and skilled workforce across South Australia. We often see this commitment translate into faster processing for eligible applications.

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Applying for endorsement or varying a DAMA Labour Agreement involves a detailed understanding of migration processes and regional requirements. The legislation is complex, and errors can lead to lengthy delays or refusals.

Australian Migration Lawyers can assist by:

• Assessing your eligibility for the South Australian DAMA.
• Preparing and submitting endorsement and variation applications to the DAR and the Department of Home Affairs.
• Advising on eligible occupations and available concessions for your specific needs.
• Managing TSS (subclass 482) and ENS (subclass 186) nominations under your DAMA Labour Agreement.
• Liaising with Skilled & Business Migration and the Department of Home Affairs on your behalf to maximise your prospects of success.

Our team of registered migration lawyers ensures your application is accurate, compliant, and well-prepared to achieve the best possible outcome.

Get expert help from Australian Migration Lawyers today to navigate the complexities of the Designated Area Migration Agreement and secure your essential workforce.

Frequently Asked Questions About the South Australian DAMA

What is the main advantage of a Designated Area Migration Agreement (DAMA) over standard skilled visa programs?

DAMAs offer more flexibility with age, English, and salary requirements, and include a wider range of occupations not normally available under general skilled migration. This flexibility is often essential for South Australian regional businesses.

Who can apply for the South Australian DAMA?

Only businesses located in South Australia can apply. The business must prove a genuine labour market need and be operating in one of the two designated DAMA regions (Adelaide metropolitan or the rest of the state).

How long does the endorsement process take?

Processing times can vary but generally take several weeks, depending on the complexity and completeness of the application submitted to Skilled & Business Migration. It is wise to prepare a thorough application to avoid delays.

Can DAMA visa holders apply for permanent residency?

Yes. Many occupations under the South Australian DAMA include a pathway to permanent residence through the Employer Nomination Scheme (subclass 186) visa. This clear pathway is one of the DAMA's most valuable features.

Is Labour Market Testing required for ENS nominations under a DAMA?

No. Employers do not need to provide Labour Market Testing evidence when applying for endorsement for an ENS nomination under a DAMA Labour Agreement. This streamlines the process significantly.