What is the Designated Area Migration Agreement in Western Australia?

If you’re from overseas and considering working in Western Australia, you may have heard the term “DAMA.” But what exactly does this mean, and what could it mean for you?

A DAMA (Designated Area Migration Agreement) is an agreement between the Australian federal government through the Department of Home Affairs and a regional, state or local authority known as the designated area representative (DAR).

It creates a special pathway for employers in specific regions (in this case, Western Australia) to sponsor skilled and semi-skilled overseas workers under visa programs that differ from standard migration streams. For international job seekers, this means a DAMA can open up employment and migration possibilities that may not exist under standard skilled migration programs.

This blog will explore how a DAMA in WA works, and how an immigration lawyer/migration agent in Australia, like Align Law, can assist your business with a DAMA.

The Purpose of DAMA

DAMAs help regional and remote areas address labour shortages that cannot be met by the local population. Many WA regions rely on industries such as mining, agriculture, hospitality and construction, and these industries often need workers whose occupations do not appear on the usual skilled occupation lists.

A DAMA responds to this issue by allowing for immigration concessions and a broader range of eligible occupations. This helps employers fill skill shortages and gives overseas workers access to job and migration pathways that may otherwise be unavailable.

DAMA in Western Australia

Regional DAMAs

Before 2024, several regional DAMAs were already operating in WA. These included:

• Goldfields DAMA, covering Kalgoorlie-Boulder, Coolgardie, Esperance, Laverton and other nearby areas.
  
• Kimberley DAMA, covering Broome, Halls Creek, Wyndham, Derby and the surrounding shires.
  
• Pilbara DAMA, covering Karratha, Port Hedland and the East Pilbara.
  
• South West DAMA, covering Bunbury, Busselton, Margaret River and many nearby shires.

Each regional DAMA has its own occupation list that reflects the local economic conditions and what work is really needed.

The New Statewide WA DAMA (From July 2024)

In July 2024, the WA Government launched the WA DAMA, a statewide agreement that applies across the entire state, including Metropolitan Perth and Regional WA. The statewide WA DAMA complements the existing regional agreements and provides more employers with access to DAMA concessions. This significantly increases potential opportunities for overseas workers seeking sponsorship in WA.

Under the WA DAMA:

• Half the places are allocated to Metropolitan Perth.
  
• Half the places are allocated to Regional WA.

This structure means that employers across the state, not just in remote areas, can address their genuine skill shortages.

What DAMA Means for You as a Migrant

Employers endorsed under a DAMA can sponsor overseas workers through the following visa pathways:

• Subclass 482 Skills in Demand visa
  
• Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa
  
• Subclass 186 Employer Nominated Scheme visa, Labour Agreement stream

Consult with an immigration migration agent knowledgeable about Perth and WA like Align Law for the best chance of a successful application!

Common DAMA Concessions

One of the major benefits of DAMA programs is that they offer concessions such as expanded occupation eligibility (including more semi-skilled roles), work experience concessions, age concessions (with the maximum age for some visa pathways increasing from 45 to 55), English-language concessions (depending on the occupation and licensing requirements), and permanent residency pathways, particularly for those who live and work in WA for a qualifying period.

These concessions can make DAMA a more accessible option for overseas workers who may not qualify for standard visa programs.

Important Things to Keep in Mind with DAMA

While DAMA is flexible, there are important considerations to remember:

• You cannot apply directly as an individual. A business must first be endorsed, and then they can nominate you.
  
• Your occupation must be on the DAMA list, and requirements differ depending on the region.
  
• Local recruitment must be attempted first. Employers must demonstrate genuine efforts to hire Australians.
  
• Employers must meet strict compliance and welfare obligations so that overseas workers receive fair pay and conditions.
  
• Places are limited, especially under the WA DAMA, because its allocation is divided between metro and regional areas.

A Step-by-Step Application Process

Below is a clear overview of how the DAMA process works. Although the employer performs most steps, understanding the process can help you prepare.

Step 1: Employer Checks Eligibility and Identifies an Occupation

The employer must:

• Operate in a region covered by a DAMA.
  
• Confirm the occupation is eligible under the relevant DAMA list.
  
• Show evidence of business viability and the need for the role.
  
• Provide organisational charts, financial documents and workforce data.
  
• Demonstrate attempts to recruit Australians first.

Step 2: Employer Registers on the Skilled Migrant Employment Register (SMER)

Registration on SMER is required for WA DAMA and also helps connect employers with potential overseas workers.

Step 3: Employer Gathers Supporting Documentation

The employer needs to collect documentation that could include anything from business registrations and licences, evidence of business address and operations, workforce information, and labour market testing (advertising) where required, to confirmation that the role is not a FIFO arrangement (unless specific criteria are met).

Step 4: Employer Submits a DAMA Endorsement Application

The employer submits the application through the Migration WA Portal. They may choose to appoint a migration representative for assistance, such as Align Law Immigration. There is currently no fee for endorsement applications.

Step 5: Endorsement Outcome

If approved, the employer receives a letter of endorsement that allows them to apply to Home Affairs for a Labour Agreement. If refused, they may request a review within 28 days.

Step 6: Employer Applies for a Labour Agreement

The employer submits the endorsement letter to Home Affairs and applies for a Labour Agreement. If approved, the business can then nominate overseas workers using DAMA concessions.

Step 7: Visa Nomination and Application

Once the employer nominates you, you can lodge your visa application. If granted, you can travel to Australia and begin work.

Step 8: Arrival and Settlement

Under DAMA, employers must provide settlement information to assist overseas workers with relocating and adjusting to life in Australia.

Who DAMA Is Suitable For

DAMA may be ideal if you:

• Have skills relevant to WA industries like mining, agriculture, construction or hospitality.
  
• Are semi-skilled or skilled but may not meet standard skilled-migration criteria.
  
• Prefer employer sponsorship rather than independent migration.
  
• Are open to living in regional areas, which may increase your PR opportunities.
  
• Need concessions relating to age, English or work experience.

How Align Law Immigration Can Support You

At Align Law Immigration, we specialize in advising overseas workers and WA employers on DAMA opportunities. Our services include:

• Eligibility assessments, including an explanation of concessions.
  
• Guidance on connecting with employers seeking DAMA workers.
  
• Full application management, from endorsement to labour agreements to visa applications.
  
• Advice for employers, including preparation of required documents and labour-market evidence.
  
• Settlement planning, helping you understand life and work in WA.
  
• Alternative pathway guidance, if DAMA is not suitable for your circumstances.

Our goal is to help you choose the right pathway and move through the process with confidence.

Apply for a DAMA With Align Law: Your Trusted Immigration Lawyer/Migration Agent in Perth

For many skilled and semi-skilled overseas workers, the DAMA program offers a practical and flexible pathway to work and live in Western Australia. With a wide range of eligible occupations, helpful concessions and potential pathways to permanent residency, DAMA is worth exploring if you are serious about building a future in WA.

Please connect with a professional immigration lawyer in Australia, like the team here at Align Law. We know the ins and outs of DAMA in WA and can make sure the entire process is as smooth and successful for you as possible.

Call us on +61 03 7036 6726 or use our online form to leave us a message regarding your needs, and we’ll get back to you as soon as we can.