Goulburn Valley DAMA

The Goulburn Valley Designated Area Migration Agreement (GV DAMA) is a specialised immigration pathway designed to address the unique labour market needs of the Goulburn Valley region in Victoria, Australia. This region includes the Greater Shepparton, Campaspe and Moira Shire regions. Launched in December 2021 to help local employers fill critical skill shortages, the Goulburn Valley DAMA allows businesses within the region to sponsor skilled and semi-skilled overseas workers for positions that are not typically available under the standard skilled migration programs.

This agreement is a collaborative initiative between the Australian Government and the Greater Shepparton City Council, which serves as the Designated Area Representative (DAR). By offering access to a broader range of occupations and more flexible criteria, such as concessions on English language proficiency, age, and salary thresholds, the Goulburn Valley DAMA provides a tailored solution to the region's specific labour demands.

This blog will provide an overview of the GV DAMA covering all the eligibility requirements for businesses, the concessions available, the step-by-step application process and frequently asked questions from employers and overseas workers. For further information, or if you have questions regarding this, contact us at Australian Migration Lawyers. 

What are the eligibility requirements for businesses to access the DAMA?

This checklist is a guide for an employer to decide if they are eligible to participate in the GV DAMA program. Some key points to consider include if your business is located in the GV region, if the business has been lawfully operating in the GV region for more than 1 year and  have the requirements for nomination and sponsorship been fulfilled. While you may have answered affirmatively to these questions and it is likely you are eligible to participate in the GV DAMA program, this is only indicative as it is ultimately up to the decision-making bodies to approve your application.

How are businesses assessed? 

The process for endorsement by the DAR is independent from that of the Department of Home Affairs. The business seeking endorsement is required to complete a declaration that they will meet the requirements for DAR endorsement, with detailed evidence to support their claims provided to the Department of Home Affairs at the Labour Agreement request stage and/or the nomination stage. 

To enable the DAR to endorse a request, the DAR will need to be satisfied that: 

• The requested occupations and concessions sought are available 
• The maximum ceiling numbers for the overarching DAMA have not already been reached for that year 
• The concessions are reasonable with regards to current labour market conditions in the region 
• Approved occupations are identified within the request 
• The request supports the objectives outlined in the DAMA; and 
• The employer has completed the declaration form 

If the DAR has concerns regarding an employer’s circumstances, the DAR can seek clarification or information from the employer as deemed necessary. 

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What visas are available for this sponsorship? 

The DAMA program utilises the subclass 482 Temporary Skills Shortage (TSS), subclass 494 Skilled Employer Sponsored Regional (Provisional), and subclass 186 Employer Nominated Scheme (ENS) visa programs.

What concessions are available? 

Salary (TSMIT) Concession 

An employer has to show that the salary offered to a prospective overseas worker is at least what an Australian citizen or permanent resident could expect doing the same job in the same location. The minimum threshold, the Temporary Skilled Migration Income Threshold (TSMIT), must be paid. Concessions to TSMIT are available for employers for occupations listed in the Table of Approved Occupations, however there must be a strong business case provided to support a TSMIT concession. 

English Language Concession 

English language concessions are available for the occupations listed in the Table of Approved Occupations. Equivalent results in the following English tests are also acceptable:

• Occupational English Test (OET) 
• Test of English as a Foreign Language internet-based test (TOEFL iBT) 
• Pearson Test of English (PTE) Academica test; or 
• Cambridge English: Advanced (CAE) test 

What is the process?

Step 1: Seek endorsement for one or more occupations/positions 

Employers must first be endorsed by the Designated Area Representative (DAR). The Greater Shepparton City Council is the DAR for the GV DAMA. This request can be made for a single or multiple occupations/positions. The request for endorsement will be assessed in roughly 7-10 business days. It is important to note that an endorsement fee applies per position sought. If the employer is endorsed, the DAR will then provide a letter of endorsement to the employer and the Department of Home Affairs. 

Step 2: Request labour agreement (valid for 5 years)

Once the employer has been endorsed, they can then submit an online request for access to the GV DAMA Labour Agreement through the Department of Home Affairs’ ImmiAccount system. The Labour Agreement will stipulate the number of approved occupations and positions, as well as concessions to standard skilled migration criteria. The Labour Agreement is valid for up to 5 years.

Step 3: Nominate individual overseas worker/s 

Employers can then nominate overseas workers up to the number limits specified in their Labour Agreement, these nominations are made under the Labour Agreement Stream that links with the concessions in the employer Labour Agreement. These nominations have access to the GV DAMA concessions endorsed by the DAR. This process will incur the standard government charges associated with the relevant visas and the Labour Agreement stream.

It should also be noted that overseas workers’ immediate families may be included in the nomination.

Step 4: Overseas Worker/s apply for visa 

Once a nomination has been approved, the overseas worker can then apply for their visa. The Temporary Skills Shortage (TSS subclass 482) visa is valid for up to four years. Once the overseas worker has been employed on a TSS visa under the GV DAMA for at least three years, they may have access to Employer Nominated Scheme (ENS subclass 186) visa. The Skilled Employer Sponsored Regional (SESR subclass 494) visa is a provisional visa valid for five years that may provide a pathway to a permanent visa after 3 years under a visa outside of the Labour Agreement. 

Skills assessment 

Visa applicants or their appointed representatives are responsible for having their skills assessed, as required, by a designated skills assessing authority. It is not the responsibility of the DAR to certify the skills or experience of a visa applicant under the DAMA program. 

The following skills assessing authorities apply: 

• For occupations with no skills and experience concessions which are normally available through the skilled migration program is available here 
• VETASSESS (Vocational Education and Training Assessment Services) is the skills assessment authority for specified occupations 
• MINTRAC (National Meat Industry Training Advisory Council Limited) is the skills assessment for meat industry occupations 

Frequently asked questions 

For Businesses 

Who can sponsor prospective workers under the GV DAMA? Businesses with well-established operations in the GV region for a minimum of 12 months are able to sponsor prospective workers.

Can businesses sponsor prospective workers currently residing overseas? Yes, employers can sponsor workers either residing in Australia or overseas from any country. 

How long is the processing time for a GV DAMA application? The DAR will attempt to complete assessments in a timely manner. Whilst, the Department of Home Affairs determines its own processing times. 

Does labour market testing apply? Yes, more information can be obtained by contacting the DAR. 

What are the costs for employers? A summary of application charges and fees payable to the Department of Home Affairs is available on their cost of sponsoring webpage. In addition, costs may apply for labour market testing and the discretionary option of engaging a service provider.

For Workers 

Can prospective workers apply for a visa under the GV DAMA independently? No, DAMA is an employer-sponsored visa program which employers can nominate to sponsor under the various applicable visa streams. Businesses must apply to the GV DAR to access the GV DAMA for the approved occupations, concessions and number of overseas workers they require. 

Can I express my interest in work to the GV DAR? The DAR will not accept expressions of interest from interested workers and will not provide any information on any interested workers to the region’s employers.

Will prospective workers be guaranteed permanent residency under the GV DAMA? No, overseas workers must meet the eligibility requirements for permanent residency under the GV DAMA. Permanent residency may be available under some visa pathways. 

Who will grant the visa under the GV DAMA? The Department of Home Affairs makes all visa decisions.

Is there an age limit on the applicant? The GV DAMA provides an age concession from the standard program. Eligible nominees must be aged under 55 years at the time they apply for an Employer Nomination Scheme visa (subclass 186). To be nominated for an ENS visa, the nominee must have held a Temporary Skills Shortage visa granted in connection with the GV DAMA for three years. 

Who to contact if I have a workplace grievance that I believe is not being properly addressed by my employer? All workers in Australia have the same rights and protections at work, regardless of citizenship or visa status. Your employer must comply with Australian workplace and immigration laws.

Conclusion 

The Goulburn Valley DAMA offers a unique opportunity for both local businesses and skilled migrants to benefit from a tailored immigration solution that addresses the region’s specific workforce needs. By providing greater flexibility in hiring overseas workers and offering a pathway to permanent residency, this program is a vital tool for sustaining the economic growth of the Goulburn Valley.