Employers interested in seeking to sponsor skilled and semi-skilled overseas workers for eligible occupations, under the GV DAMA, are encouraged to firstly review their eligibility for participation and to discuss their proposal with the Designated Area Representative (DAR) prior to lodging a formal request for endorsement.
The table shows the occupations that are eligible for sponsorship under the GV DAMA, respective skill level, skills concessions, TSMIT (Temporary Skilled Migration Income Threshold) concessions, English language concessions and eligibility for pathway to permanent residency.
The tasks and skill requirements for all these occupations are outlined in ANZSCO.
This checklist is designed to assist an employer to decide if they are eligible to participate in the GV DAMA program and to ultimately seek approval to employ an overseas worker.
Some of the key points to consider include:
- Is the occupation included in the list of Approved Occupations for the GV DAMA?
- Does the business meet the Good Corporate Citizen requirements.
- Has the business been lawfully operating in the GV region for more than 12 months?
- Is your business located in GV region?
- Is the position to be filled located within the GV Region?
- Is the position certain and there is a genuine vacancy?
- Have you met the labour market testing requirements?
- Are the employment terms and conditions reasonable and lawful?
Will the proposed terms and conditions of employment of the overseas worker(s) be no less favourable than what would be provided to an Australian performing equivalent work?
- Will the pay and conditions for the position equal or exceed the Salary Requirement (TSMIT) threshold? OR If not, will the pay and conditions equal or exceed the concessions available for TSMIT?
- Will you pass the Adverse Information Test?
- Are you aware of the indicative timelines and accept the time it may take for approval?
- Are you aware of the potential costs involved and accept that you will not be able to recoup any costs from recruited workers?
- Are you aware of all other sponsor obligations and accept that compliance is mandatory?
- Are you aware of relevant requirements and obligations under the Migration Legislation?
If you answered YES to all the items on the checklist then it is likely that you are eligible to participate in the GV DAMA program and that it can meet your expectations.
Notwithstanding, the checklist results are indicative only and do not commit the decision-making bodies to approve your application.
Each application will be processed on its merits and the outcome determined at the time by the respective authority. In some instances, there are rights to review if an adverse decision is made.
How Businesses are Assessed
The process and subsequent assessment for endorsement by the Designated Area Representative (DAR) is independent from that of the Department of Home Affairs.
The Department of Home Affairs has developed a declaration form that reduces the evidentiary requirements supplied by the employer at the DAR endorsement stage. Under this revised process, there would be a reduced range of documents that a DAR would need to collect and assess for each endorsement.
Instead, the business seeking endorsement is now 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. The declaration form is included in the Request for Endorsement Application Form.
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 for any reason the DAR has concerns about an employer’s circumstances or the validity of any aspects of their request to utilise the DAMA, the DAR can seek clarification or information from the employer as deemed necessary.
Indicative Costs for Employers
Costs will include:
|STEP||CHARGE||AUTHORITY||COST (EX GST) PER WORKER*|
|Request for Endorsement||Application fee||DAR||$750|
A summary of application charges and fees payable to the Department of Home Affairs is available on their Cost of sponsoring webpage
Additional costs may include:
- Labour market testing expenses.
- Discretionary option of engaging a service provider, such as a migration agent, to assist in the process.
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.
There is also a minimum threshold that must be paid. The threshold, known as the Temporary Skilled Migration Income Threshold (TSMIT).
Refer to the Department of Home Affairs Salary requirements to nominate a worker for more detailed information on AMSR and TSMIT requirements.
Concessions to TSMIT are available for employers for the occupations listed in the Table of Approved Occupations. There must be a strong business case provided to support a TSMIT concession.
For the concessional occupations, an employer must provide the overseas worker with an amount of annual earnings which is equal to or greater than both the *Annual Market Salary Rate and **reduced TSMIT.
* ‘Annual Market Salary Rate’ has the same meaning as in the Migration Regulations. It is determined in accordance with the method for determining the Annual Market Salary Rate for an occupation nominated under section 140GB of the Migration Act or an occupation in relation to which a position is nominated under regulation 5.19 of the Migration Regulations.
* ‘Reduced TSMIT’ means 90% of TSMIT.
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) Academic test; or
- Cambridge English: Advanced (CAE) test.