The following FAQs relate to the Orana DAMA
In workforce.
The Orana DAMA includes 73 occupations across multiple industries. The DAMA seeks to address skills shortages across a broad range of industries that are significant to employers in the Orana region. The approved list of skilled workers includes jobs such as childcare workers, hospitality supervisors and disability workers to help fill shortages in these industries. A complete list of occupations is available HERE.
The DAMA application process is rigorous, to ensure any regional jobs are available to Australians as a first priority. Employers need to demonstrate that the job cannot be filled by an Australian and that the conditions being offered to the migrant nominee are at least those expected by an equivalent Australian employee.
It also requires the skilled migrant to undertake a skills assessment for selected occupations, demonstrating their competence and qualifications, as well as an English language test.
Businesses can access the Orana DAMA if they are actively operating in the Orana region and meet the following criteria:
- Are financially viable and have been operating for at least 12 months
- Have no history of not meeting its obligations to employees (adverse information)
- Are looking to employ overseas workers to fill full-time positions with duties that align with one of the occupations on the Orana DAMA list (current employees on other visas may be eligible to apply)
- 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 equivalent Australian workers employed in the region.
Yes. All workers employed in Australia under the Orana DAMA are required to live and work in our region.
All DAMA endorsement applications will incur an up-front processing fee of $1000 including GST per position
Other fees and charges associated with accessing the Orana DAMA may include:
- skills verification for selected occupations – Skills Assessing Authority
- nomination application – Department of Home Affairs
- worker visa application – Department of Home Affairs
- Skilling Australians Fund levy – Australian Government.
Applications for the Orana DAMA will start in October 2019. As the Designated Area Representative (DAR) for the Orana DAMA, Regional Development Australia Orana will be accepting and assessing applications from businesses seeking endorsement.
No. The Orana DAMA is an employer-sponsored visa program and individual workers cannot apply for a visa independently. If you are interested in living and working in the Orana region, we encourage you to apply for suitable job vacancies. Most jobs are advertised through online websites such as seek.com or jobactive.gov.au. If your job application is successful a regional employer may be prepared to sponsor you for a skilled migration visa.
A TSS visa holder does not have an age limit, however workers aspiring to access the permanent residence pathway through the ENS must be aware that this has an age limit of 45 years old at time of permanent residence visa application.
Contact the RDA Orana migration team at dama@rdaorana.org.au
Contact the RDA Orana migration team at dama@rdaorana.org.au
FAQs for general DAMA implementation
TSS: The nominee must begin employment within 90 days of entry to Australia (if they’re offshore when the visa is granted) or within 90 days of the visa grant date (if they are in Australia when the visa is granted). You must notify the Department of Home Affairs by email or via the ‘Notification of sponsor changes’ form in ImmiAccount. As this is a breach of visa conditions the visa holder will be referred for visa cancellation.
ENS: No action can be taken.
TSS: You should try and work it out with the employee by following the usual Fair Work Ombudsman (FWO) processes regarding performance. If you terminate their employment for any reason you must notify the Department of Home Affairs. The employee has 60 days from the date they finish working with you to find another approved sponsor to nominate them, be granted a different visa or leave Australia.
ENS: You should try and work it out with the employee by following the usual Fair Work Ombudsman processes regarding performance. If you think they gained the visa by deception by providing false or misleading information about their skills, qualifications or English level, report them to the Department of Home Affairs.
You must notify the Department of Home Affairs by email or via the ‘Notification of sponsor changes’ form in ImmiAccount. The employee has 60 days from the date they finish working with you to find another approved sponsor to nominate them, be granted a different visa or leave Australia.
If the visa holder or any of their dependents become unlawful, you might have to pay the cost of locating them and removing them from Australia.
You can notify us but there is nothing the Department of Home Affairs can do with no cancellation powers.
What if someone approaches me/cold-calls asking me to sponsor them?
Don’t get involved. You should provide the information to the Department of Home Affairs via BorderWatch.
Yes, but only if you are first endorsed by the Designated Area Representative (DAR), have a genuine vacancy, LMT evidence, and have your own labour agreement for the same occupation. You will also need to lodge a nomination application. The visa holder can only start working with you once the nomination has been approved.
No. There are very limited refund grounds.
Your endorsement lasts for 12 months from the approval date or until:
– The nominee is granted a TSS visa
– You withdraw the nomination
– Your approval as a sponsor is cancelled
– The day on which your labour agreement ceases
Temporary residents face higher living expenses than Australian Citizens and Permanent Residents. (for example health insurance costs and international student education costs). Concessions to the current TSMIT may be available for some occupations under a DAMA. These concessions take location, skill level and industry awards into account.
The non-monetary components negotiated in the DAMA indicates the maximum amount that can be deducted from an overseas worker’s earnings.
You cannot deduct a larger amount than what is outlined in your Award or in the DAMA.
No, but you need to demonstrate that you have a genuine need for a paid employee. This can include evidence that the position has existed but has become vacant, or that the position is currently occupied by a temporary resident.
The Department of Home Affairs endeavours to complete the labour agreement assessment within one month of receiving a completed request. Once a DAMA labour agreement is in place, associated nomination and visa applications are also given priority processing.
