The Designated Area Migration Agreement (DAMA) is an important visa pathway to permanent residency for many people in Australia, especially those over 45 and under 55 years old. 

There are skill shortages across various industries such as health, agriculture, and hospitality.  The South Australian DAMA provides a wider range of occupations, and concessions on age, salary, English, and work experience for visa applicants. 

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What is the South Australia DAMA? 

The South Australia DAMA is a labour agreement between the Australian Government and businesses in South Australia.  

It is designed to address local skill shortages by allowing employers in South Australia to sponsor overseas workers under more flexible conditions than standard employer-sponsored visas. 

South Australia has two DAMAs, covering different regions and industries: 

•        Adelaide City Technology and Innovation Advancement DAMA – focuses on tech, creative industries, and advanced manufacturing 
•        South Australian Regional Workforce DAMA – covers industries such as healthcare, agribusiness, tourism, construction, and hospitality 

Some common occupations that apply for DAMA in South Australia include: 

•        Child care workers
•        Aged or disability Carers 
•        Horticulture workers 
•        Chefs and Cooks
•        Hospitality Workers
•        A range of ICT occupations
•        Production operators
•        Truck Drivers
•        Nurses over 45 years old 

What Are the Visa Options Under the South Australia DAMA? 

There are three different employer-sponsored visas available under DAMA: 

•        482 Skills in Demand Visa – a temporary visa that can lead to permanent residency after two years if the employer nominates the visa holder for a Subclass 186 visa (Temporary Residence Transition Stream) 
•        494 Skilled Employer Sponsored Regional Visa – a provisional visa leading to permanent residency after three years by applying for the 191 visa. 
•      186 Employer Nomination Scheme (Labour Agreement) visa – a permanent visa that employers can nominate 482 visa holders for, after they have worked in the occupation for 3 years

These visas help employers fill critical skill shortages while providing a pathway to permanent residency for skilled migrants. 

What Are the DAMA Concessions? 

•        Age Concession up to 55 – Some occupations have no age concession, or the concession may be only under 50  
•        Salary Concession – some DAMAs allow for up to 10% reduction in the minimum salary requirement. For example, while a standard employer-sponsored visa requires a minimum salary of $73,150, under DAMA, businesses can sponsor workers at $65,835 per year.  These amounts will change every year as the TSMIT and Core Skills Threshold go up.
•        English Concession – some DAMA occupations have lower English language requirements than standard employer-sponsored visas  
•        Work Experience Concession – the required work experience period is lower than in standard employer-sponsored visas. For example, a Subclass 494 visa usually requires at least three years of full-time experience, but under some DAMAs, applicants can qualify with just 12 months of experience 

Industries Covered by the South Australia DAMA 

The South Australia DAMA supports a wide range of occupations across key industries, including: 

•        Healthcare and aged care 
•        Agriculture and agribusiness 
•        Construction and trades 
•        Hospitality and tourism 
•        Manufacturing and engineering 
•        Technology and innovation 

Each DAMA agreement includes a list of eligible occupations, and some roles may be eligible for age, English, and salary concessions. 

We recently had DAMA visas granted for occupations such as sommelier, horticulture worker, aged and disabled carer and electronic engineering draftsperson. 

Who is Eligible for the South Australia DAMA? 

To apply under the South Australia DAMA, you must meet certain criteria, including: 

•        An eligible occupation listed under the South Australia DAMA agreement 
•        A job offer from a South Australian employer 
•        Relevant skills and experience in your occupation 
•        English language requirements (concessions may apply) 
•        Receiving at least the minimum salary required (concessions may apply) 

Unlike standard employer-sponsored visas, DAMA allows for more flexible eligibility, especially for older applicants, those with lower English proficiency, and those earning slightly below the standard TSMIT. 

How to Apply for a South Australia DAMA Visa 

The DAMA visa process involves several steps: 

1.      Find a South Australian Employer to Sponsor you – you must have a job offer from an approved employer in an eligible DAMA occupation 

2.      Employer Applies for DAMA Endorsement – your employer must get approval from the South Australian Government to sponsor workers under DAMA 

3.      Labour Agreement Application – the employer enters into a labour agreement with the Australian Government 

4.      Nomination & Visa Application – once the agreement is approved, the employer nominates you, and you can apply for the visa through the Department of Home Affairs 

Why to apply for a South Australia DAMA? 

The South Australia DAMA is an excellent opportunity for skilled and semi-skilled migrants who want to work and settle in regional South Australia. 

With greater flexibility, employer sponsorship, and pathways to permanent residency, it is an attractive option for those who may not qualify under standard visa programs. 

Regional areas usually also offer benefits such as lower cost of living and good job opportunities for some industries.  

If you are looking to apply for a DAMA in South Australia or across Australia, please book an appointment to discuss your situation. 

DAMA in other states

There are 13 DAMAS in Australia including:

-          All of Western Australia

-          All of Northen Territory

-          All of South Australia

-          Much of New South Wales through the ORANA DAMA

-          Some of Victoria

-          Some of Queensland

-          Tasmania and the ACT do not have DAMA

How can we assist you? 

If you are a business, we can help you register your business under a labour agreement and assist with visa applications for your employees. 
If you are an individual, we can assist with your visa application. 

Please book an appointment to discuss your situation in more detail.

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How to find an employer to sponsor you? 

We don’t assist applicants in finding an sponsor, however, we have a blog and a YouTube video with tips on how to find a business to sponsor you in Australia.

To apply for an Australian visa, your work experience can play a significant role. Both overseas and Australian employment can be considered, and the terms of employment do not usually matter, they can be casual, part-time or full-time, self-employed or as an employer. 

Meeting work experience requirements for visas and skills assessments depend significantly on the facts and evidence of each person's particular case. Different periods of experience must be carefully examined to ensure the requirements can be met.

If you have overseas work experience, you can prove it using reference letters, payslips, bank statements, and other documents that confirm your occupation, duration of employment and salary.

If you are in Australia, your experience will count whether you work casually, part-time, full-time, or under an ABN or TFN.

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Here are some visas that require relevant employment experience: 

1. General Skilled Migration Visas (Subclass 189, 190, and 491)

These visas are for individuals with skills that are in demand in Australia.

• Work experience requirement: Post-qualification, relevant work experience is often required for a skill assessment. The more experience you have, the more points you can claim in the points-based system. 

• How it counts: Only work that exceeds 20 hours per week can be counted. Full-time, part-time, casual, and self-employment can all count as long as the work is relevant to your nominated occupation.

Each state has different criteria regarding the required number of work hours and whether the applicant must be living in the state or not.

Besides work experience, you will need to meet additional requirements to submit an Expression of Interest (EOI) for the 189 visa, 190 visa, or 491 visa.

2. Skills in Demand Visa (Subclass 482)

The 482 visa allows employers to sponsor foreign workers for skilled roles.

• Work experience requirement: At least one year of full-time experience in the nominated occupation. 

Part-time or casual experience can also be counted and will be calculated pro rata. For example, if you work part-time (20 hours per week) for two years, it will be equivalent to one year of full-time experience.

ABN experience may also count if the applicant has sufficient documentation to support it.

• How it counts: The work experience should show you have the necessary skills for the job you’re being sponsored for. The employer will need to verify your experience as part of the sponsorship application.

3. Employer Nomination Scheme Visa (Subclass 186) Direct Entry Stream 

The 186 Direct Entry Visa is a visa for skilled workers nominated by an employer sponsor that leads directly to permanent residency.

• Work experience requirement: You need at least 3 years full-time of relevant work experience. Generally, the experience needs to be post-qualification. 

• How it counts: Similar to the 482 visa, your experience needs to be in the nominated occupation and directly related to the role. 

Part-time or casual experience might be considered, but it could be prorated depending on the hours worked.

ABN experience may also count if the applicant has sufficient documentation to support it.

4. Skilled Employer Sponsored Regional Visa (Subclass 494)

The 494 visa is for skilled workers nominated by their employer to work in regional areas in Australia.

• Work experience requirement: You need at least 3 years full-time of relevant work experience. Generally, the experience needs to be post-qualification. 

• How it counts: The experience needs to be in the nominated occupation and directly related to the role. 

Part-time or casual experience might be considered, but it could be prorated depending on the hours worked.

ABN experience may also count if the applicant has sufficient documentation to support it.

5. Training Visa (Subclass 407)

The Training Visa allows applicants to undertake structured workplace-based training in Australia to improve their skills or meet licensing/registration requirements.

• You must have at least 12 months of relevant work experience in your occupation within the last 24 months before applying. The experience can also be studying. 

• The experience can be full-time or part-time, but it must be directly related to the training program you are applying for.

• Volunteer work may be considered if it is structured, documented, and relevant to the training.

How Work Experience is Assessed:

Skill assessments: For General Skilled Migration Visas (subclass 491/190/189), Skilled Employer Sponsored Regional Visa (Subclass 494), and Employer Nomination Scheme visa (subclass 186) Direct Entry Stream, a positive skill assessment is mandatory. 

For the Skills in Demand Visa (subclass 482), a skill assessment may be required depending on your occupation and the country of passport. 

Do You Need Help with an Australian Visa?

If you’re looking to apply for an Australian visa, we can assist you with your visa application.

Since 2011, we have helped thousands of applicants and businesses with immigration matters, Australian visas, permanent residency and citizenship.

Contact us for more information!

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If you're a Cafe or Restaurant Manager seeking to migrate to Australia, recent changes to immigration policies may have left you feeling uncertain.

The removal of Cafe and Restaurant Managers from the Core Skills Occupation List (CSOL) means that applying for new Skills in Demand 482 visa or the Direct Entry 186 visa is no longer an option.

However, this doesn’t mean all hope is lost—there are still several viable visa pathways available for skilled hospitality professionals.

In this blog, we’ll cover the best visa options for Cafe and Restaurant Managers in Australia, helping you navigate the complexities of the Australian immigration system.

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Why Were Cafe and Restaurant Managers Removed from the CSOL List?

The removal of Cafe and Restaurant Managers from the CSOL list was a major policy shift that disrupted many migration plans.

As a result, new applications for the 482 visa and the Direct Entry 186 visa are no longer available for these occupations.

This change reflects the government's focus on addressing skills shortages in other sectors, particularly in response to Australia's housing crisis, where occupations like teachers, healthcare workers, and construction professionals are given priority for state nominations.

What Are the Best Visa Options for Cafe and Restaurant Managers?

Despite these restrictions, there are still several pathways to permanent residency (PR) for Cafe and Restaurant Managers. Below are the most relevant options:

1. State Nomination: 190 and 491 Visas

You can still apply for state nomination through the 190 visa or 491 visa by submitting an Expression of Interest (EOI).

To qualify, you will need:

• A positive skills assessment as a Cafe or Restaurant Manager
• At least competent English proficiency
• At least 65 points on the points test

However, state allocations for these visas are limited, and priority is currently given to occupations addressing Australia's housing and healthcare shortages.

Waiting for an invitation for restaurant managers may not be the most reliable strategy.

2. Skilled Employer Sponsored Regional (Provisional) 494 visa

If a cafe or restaurant is located in a regional area, you could be eligible for the 494 visa.

This provisional visa offers a pathway to permanent residency after three years.

To be eligible, you need:

• At least three years of full-time work experience as a Cafe or Restaurant Manager
• A positive skills assessment
• At least competent English

Meeting the experience requirement can be challenging for some applicants.

3. Labour Agreements: Flexible Sponsorship Options

Labour agreements provide customised sponsorship opportunities for employers and offer concessions on visa requirements, including age, work experience, and English proficiency.

They can also provide pathways to permanent residency for applicants aged between 45 and 55.

There are three primary types of labour agreements suitable for Cafe and Restaurant Managers:

a. Restaurant (Premium Dining) Industry Labour Agreement

Businesses must have an annual revenue of at least $2 million, employ specialised staff such as chefs, waiters, and sommeliers, and provide table service.

b. DAMA (Designated Area Migration Agreements)

Available in regional areas such as South Australia, Western Australia, and the Northern Territory. DAMAs offer concessions on age and English language requirements but are not available in Brisbane, Sydney, or Melbourne.

c. Company-Specific Labour Agreements

Designed for businesses not covered by DAMAs or industry-wide agreements, these agreements can include occupations like Cafe and Restaurant Managers.

4. 186 Visa: Temporary Residence Transition (TRT) Stream

If you already hold a 482 visa as a Cafe or Restaurant Manager, you can still apply for permanent residency under the Temporary Residence Transition (TRT) 186 visa after two years of employment with your current sponsor.

You must be nominated by your current employer. If you want to change employers, your occupation must still be on the Core Skills Occupation List (CSOL) to transfer your 482 visa to a new employer.

 If your occupation is no longer listed, you’ll need to apply for PR through your current employer.

What If Your Visa Options Are Limited?

Given the recent policy shifts and growing competition for state nominations, Cafe or Restaurant Managers may need to consider alternative pathways, such as employer-sponsored visas through labour agreements or the 494 visa, exploring other eligible occupations, or consulting with an immigration specialist for personalised advice.

Stay Updated with Australian Immigration Changes

At Work Visa Lawyers, we have been providing up-to-date immigration news and guidance for over ten years.

 If you're unsure about your eligibility or need advice tailored to your situation, we recommend scheduling a consultation with our experienced migration lawyers. You can also follow us on our Instagram, TikTok, Facebook or YouTube for more information.

Contact us today for expert advice on the best migration pathway for your situation.

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If you're a childcare worker, cook, or tradesperson looking to apply for a 482 visa or 186 visa in Australia, you may be facing a significant challenge: the minimum salary threshold (formally known as the Core Skills Income Threshold/CSIT or previously the TSMIT).

The current salary requirement for these employer-sponsored visas is proving to be a major barrier for many skilled workers and their employers.

In this blog, we’ll explore how the CSIT is too high for many industries, what alternatives are available, and how programs like the Designated Area Migration Agreement (DAMA) could offer some relief.

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Why is the 482 Visa Salary Threshold a Problem?

We recently received a comment from Bianca, in a video on our YouTube channel, that highlights the growing concern that:

“The salary threshold is way above the Childcare Work and Legal Award. No centre can pay that.”

While childcare workers now have good opportunities to apply for an employer-sponsored 482 visa or seek permanent residency (PR) through the 186 visa, they face one major obstacle: the minimum salary requirement of $73,150 per year (which will increase to $76,515 per year from 1July 2025).

How Child Care Industry Wages Compare to the 482 Visa Salary Requirement

Under the Children’s Services Award, the minimum salary for a Level 3.1 employees with an AQF Certificate III in Children's Services or equivalent qualifications is approximately $53,679.

This falls significantly short of the minimum salary requirement for the 482 visa, which makes it hard for most childcare centres to offer sponsorship to an employee. While some childcare providers pay above-award wages and might be able to meet this requirement, for most businesses, it remains an unrealistic expectation.

Other Occupations Facing Similar Challenges

The CSIT affects not only childcare workers but also other skilled trades, including cooks, motor mechanics, and entry-level tradespeople.

Many employers in these sectors struggle to meet the $73,150 salary threshold, even though the roles are essential for filling skill shortages across Australia.

DAMA: A Viable Solution for Lower Salary Occupations

For those working in regional areas, the Designated Area Migration Agreement (DAMA) offers a more flexible visa pathway. 

Under the DAMA program, employers may receive salary concessions for sponsoring skilled workers under some occupations, including childcare workers.

Benefits of DAMA for Childcare Workers and Tradespeople: 

• Allows a lower salary threshold than the standard TSMIT or CSIT (usually up to 10% concession)

• Offers age concessions (up to 55 years old)

• Provides flexibility for English language requirements

• Can lead to permanent residency after meeting eligibility criteria

However, applicants must still meet other requirements, including a valid skills assessment, relevant work experience, and an Australian employer willing to sponsor their visa.

How to Find an Employer Sponsor for the 482 Visa

Finding a sponsor can be one of the biggest challenges when applying for the 482 visa.

We have a blog guide with practical tips to help you secure a sponsorship, covering strategies such as networking within your industry, tailoring your resume for Australian employers, and focusing on opportunities in regional areas that qualify for DAMA agreements.

The Future of Employer-Sponsored Visas for Childcare Workers and Trades

With the rising demand for childcare workers and skilled tradespeople in Australia, particularly in regional areas, there’s hope that future policy changes will address the disconnect between salary thresholds and industry wages.

Stay Informed and Find Your Best Visa Pathway

At Work Visa Lawyers, we understand how difficult it can be to meet the current 482 visa salary requirements. 

Our team is dedicated to helping skilled workers like you explore all available visa options and navigate complex immigration policies. 

Contact us today to schedule a consultation with one of our experienced immigration lawyers.

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The Skills in Demand 482 visa has become a vital pathway for skilled workers seeking employment in Australia. This visa requires a sponsoring employer to nominate the applicant for a specific role. We often have questions about "self-sponsorship". But is self-sponsorship for the 482 visa a viable option, or is it bound to face refusal? Let’s explore this question in detail.

Understanding Self-Sponsorship

Self-sponsorship refers to the scenario where an individual owns their own business and wants to use that entity to sponsor themselves for a 482 visa. This approach involves the usual steps of a 482 visa application process:

1. Sponsorship Approval: The business must apply to become an approved sponsor through the Department of Home Affairs.
2. Nomination of a Position: The business must nominate a position that aligns with the applicant’s skills and is on the relevant skilled occupation list.
3. Visa Application: The skilled person applies for their visa application, proving qualifications, work experience, English ability and in some cases skills assessment, as well as health and character requirements.

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Legal Framework and Requirements

The Department of Home Affairs has specific requirements for businesses sponsoring 482 visa applicants, whether they are self-sponsored or not. These include:

• Genuine Need for the Position: The business must demonstrate a genuine need for the role within its operations.
• Market Salary Rates: The nominated position must meet Australian market salary rates to ensure compliance with fair work standards.
• Labour Market Testing (LMT): In most cases, businesses are required to prove that they have advertised the role locally and were unable to find a suitable Australian candidate.
• Financial Capability: The sponsoring business must have sufficient financial resources to support the employment of the visa holder.

Challenges of Self-Sponsorship

While self-sponsorship is theoretically possible under the current visa regulations, it faces significant challenges:

1. Proving Genuine Need

The Department of Home Affairs scrutinizes self-sponsorship applications closely. Proving a genuine need for the position can be difficult if the business is newly established or lacks substantial operations. For example, if the applicant is the sole proprietor and the only employee, the department may question the legitimacy of the role.

2. Labour Market Testing Compliance

Labour market testing requires advertising the role and proving that no suitable Australian candidate is available. This can be challenging in self-sponsorship cases, as it may appear that the role was tailored specifically for the applicant.

3. Financial Viability

Some people may establish a new business to try to sponsor themselves. A newly established business may struggle to provide evidence of financial stability, such as cash flow statements, tax returns, or contracts. Without these, it becomes challenging to demonstrate that the business can meet its sponsorship obligations.

4. Perception of Conflict of Interest

Self-sponsorship inherently involves a potential conflict of interest, as the applicant is both the sponsor and the beneficiary. This can raise concerns with the Department of Home Affairs about the integrity of the application and is the element that undermines genuine need and labour market testing requirements as above.

Successful Self-Sponsorship: Key Considerations

While challenging, self-sponsorship is not impossible. Applicants who are determined to pursue this pathway must consider the following:

• Comprehensive Business Plan: Develop a robust business plan that outlines the operational structure, revenue model, and market opportunities. Highlight how the nominated position is essential for business success. Even for established businesses, a business plan or a letter to the same effect will help to explain to a case officer why the role is needed to be filled for the business to keep running.
• Independent Validation: Engage third-party professionals, such as accountants or business consultants, to validate the business’s financial and operational viability. This creates a degree of separation so that all claims are not being made by the one person.
• Transparency in Labour Market Testing: Conduct genuine labour market testing and maintain detailed records to demonstrate compliance. For self-sponsorship circumstances, it is even more important that full evidence (including a candidate matrix indicating who has applied and the rigorous recruitment processes including candidate review, interviewing and deliberation were conducted) is given to the Department.
• Seek Expert Advice: Immigration lawyers or registered migration agents can provide valuable insights into meeting the stringent requirements of self-sponsorship in your specific circumstances.

Case Studies: Success and Refusal

Success Story

https://jade.io/article/937335

This is the case of PROJECT 42 PTY LTD whose nomination for CEO/MD for the multimedia consulting company was refused by the Department of Home Affairs. The case highlighted that there is no rule precluding self-sponsorship, but that there are strict requirements that maintain the system’s integrity.

The business had six staff, including events manager, video editor, office manager, graphic designer and public relations and social media managers.

The position to be filled closely matched the nominated occupation.

As the Tribunal Member was convinced that the position was genuine and a genuine search for an Australian citizen or permanent resident who could have filled the role instead had been conducted, they approved the nomination.

Refusal Example

https://jade.io/article/778692

In this Tribunal matter, Sarab Trading International Pty Ltd were not successful in sponsoring the manager, who was the owner, director and the only employee.

The ANZSCO occupation selected was 134999 Specialist Manager nec. The Tribunal Member did not find that this occupation was likely to be appropriate and was a highly specialised occupation that did not match well with the role or the business.

The business was an export business.

The business had only one employee, the person nominating himself.

The Tribunal found that the nominated position was not genuine.

It is important to note again that the Tribunal noted there was nothing preventing “self-sponsorship nominations” and so did not address it directly in this way, however in this case, the strict integrity requirements (namely the requirement to prove a “genuine position”) meant that this nomination was not successful.

What’s the difference?

What makes the difference is evidence that can demonstrate there is a genuine need for the role. In the successful story, that business was able to show more evidence that they have a genuine need to sponsor the person in that role.

Decision makers will consider all aspects of the position and of the business, to determine if it appears to be a genuine arrangement, or if the application has been contrived to secure a migration outcome for the nominated person.

The Verdict: Will It Work or Be Refused?

Self-sponsorship for the 482 visa is a high-risk pathway. We will generally counsel most persons to consider alternative visa pathways due to the very high risk that the applications are rejected. Success depends on meticulous planning, compliance with visa requirements, and the ability to present a convincing case to the Department of Home Affairs. While it is not explicitly prohibited, the additional scrutiny applied to such applications makes refusal a common outcome.

For those considering self-sponsorship, the key is preparation. Maintain transparency in compliance and seek professional guidance, both for the visa process and for external support such as with accounting and recruitment. With a good case, self-sponsorship can be done, but it is very risky.

How can Work Visa Lawyers help you?

Our team of registered migration agents and immigration lawyers can assist you with your 482 visa application or any other Australian visa application.

Since 2011, we have assisted thousands of applicants and businesses with Australian immigration matters.

Contact us or book an appointment for more information.

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Author: Luke Edwards - Immigration Lawyer 

Sources: 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skills-in-demand-visa-subclass-482