Northern Territory Designated Area Migration Agreement

Legislative Framework
Update: New salary threshold from 1 July 2023
NT DAMA occupations list
Concessions available
Qualifications, experience and age requirements for nominated overseas workers.
How businesses are assessed as being eligible
How to find an Australian worker
Fees and charges
Permanent residence pathway
Subsequent endorsement (deed of variation) process
Frequently asked questions: Designated Area Migration Agreement
Checklist for Sponsors/Employers
Northern Territory (NT) State Sponsored Migration Visa
NT DAMA Applicant Checklist and Required Information v02102023

01. Legislative framework

A designated area migration agreement (DAMA) is an overarching labour agreement in place for a particular region of Australia. The process largely sits outside of a legislative framework, with most requirements outlined under policy only. It is a formal agreement between the Australian Government and a regional, state or territory authority.

Migration Act 1958 (the Act) and Migration Regulations 1994 (the Regulations) and associated administrative processes.

The Regulations do, however, set out the requirements that are required to be met where TSS, ENS or SESR nomination or visa applications are lodged under a labour agreement.

In addition, there are provisions in the Act and Regulations that define the terms ‘Work Agreement’ (WA) and ‘Labour Agreement’. The Regulations also include limited provisions regarding requirements for entering into a WA.

As outlined in Regulation 2.76, a Work Agreement is a type of LA. It must:

be between:
- the Commonwealth, as represented by the Minister, or by the Minister and one or more other Ministers; and
- a person*, an unincorporated association or a partnership; and
be a LA that authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a TSS visa; and
be in effect (i.e. signed by all parties).

It provides access to more overseas workers than the standard skilled migration program. DAMAs operate under an agreement-based framework, providing flexibility for regions to respond to their unique economic and labour market conditions.

Individual DAMA labour agreements are between the Australian Government and endorsed employers/businesses operating within the relevant designated region. They:

are generally in effect for five years, and

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

Application process and how to apply for the Northern Territory Designated Area Migration Agreement.

02. Update: New salary threshold from 1 July 2023

From 1 July 2023, the Temporary Skilled Migration Income Threshold (TSMIT) has increased from $53,900 to $70,000. Some occupations under the NT DAMA have a TSMIT concession, bringing this down to $63,000.

This means that endorsement and nomination applications lodged from 1 July 2023 will need to show that:

the annual market salary rate (AMSR) is at or above the new TSMIT i.e. an Australian or permanent resident worker in the same role and level of experience as the sponsored overseas worker is paid at or above $70,000 (or $63,000 if concession applies), and
the sponsored overseas workers will receive a salary that is no less than the AMSR.

All endorsement and subsequent endorsement applications must be lodged online.

03. NT DAMA occupations list

Occupations eligible for sponsorship under the Northern Territory Designated Area Migration Agreement.

Under the Northern Territory Designated Area Migration Agreement (NT DAMA), overseas workers can be nominated for 124 occupations under the following visa programs:

the 4 year Temporary Skill Shortage (TSS) subclass 482 visa
the permanent Employer Nomination Scheme subclass 186 visa (for those eligible for the permanent residence pathway)
the 5 year Skilled Employer Sponsored Regional (SESR) visa.

Link: https://industry.nt.gov.au/migration-for-business/northern-territory-designated-area-migration-agreement/nt-dama-occupations-list

04. Concessions available

English language and Temporary Skilled Migration Income Threshold (TSMIT) concessions available under the Northern Territory Designated Area Migration Agreement.

05. Qualifications, experience and age requirements for nominated overseas workers

Information on qualification and experience that overseas workers are required to demonstrate under the Northern Territory Designated Area Migration Agreement.

06. How businesses are assessed as being eligible

Criteria to determine if a businesses can use the Northern Territory Designated Area Migration Agreement.

07. How to find an Australian worker

Information on how companies can prove their search for Australian citizens or permanent residents in relation to the Northern Territory Designated Area Migration Agreement.

08. Fees and charges

Fees and charges in relation to the Northern Territory Designated Area Migration Agreement.

09. Permanent residence pathway

Information for employees and businesses on a permanent residency opportunity under the Northern Territory Designated Area Migration Agreement.

10. Subsequent endorsement (deed of variation) process

Endorsement process for employing workers for subsequent years under the Northern Territory Designated Area Migration Agreement.

11. Frequently asked questions: Designated Area Migration Agreement

Frequently asked questions in relation to the Northern Territory Designated Area Migration Agreement.

Source: https://industry.nt.gov.au/migration-for-business/northern-territory-designated-area-migration-agreement

12. Checklist for Sponsors/Employers

Item	Description
1.	Business registration documents: business registration and if any business name change registrations ASIC ABN, ACN trust deed (if applicable).
2.	Evidence of the business is operating in the Northern Territory (NT). May include: lease agreement contracts and invoices from suppliers / customers letter from accountant stating 12 months operation, net assets, profit / loss and turnover business capability statement / promotional material referencing NT operation.
3.	Job descriptions for each requested position.
4.	Organisation chart less than 6 months old. Highlight the positions requested for endorsement; and provide the following information for all the staff: positions titles visa status (visa type, Australian permanent resident or Australian citizen) employment status (full-time, part-time or casual) reporting lines of all staff.
5.	Audited financial statement for the mostly recently concluded financial year and business activity statement for each quarter of the current financial year. If the information is not available, provide a letter from an accountant detailing the business net profit and financial capability to sponsor workers in the requested positions.
6.	If the business has any adverse information (e.g. adverse finding in relation to compliance with immigration, taxation or employment law) – a statutory declaration detailing the information, attach evidence of outcome (if any), and details of steps taken by the business rectify identified issues. For more information on adverse information go to the Department of Home Affairs website.
7.	Evidence of domestic recruitment efforts for each requested position including: copies of at least 2 job advertisements in a reputable website / newspaper / industry websites (not general classifieds or social media) one of which must be of national reach invoices received by recruitment agencies (if used) evidence to prove the nominated positions have been advertised for 28 consecutive days. For example, screenshots from the start and end of advertising, receipts showing duration. Please note that the Department of Home Affairs requires that advertising must have been completed during the 12 months prior to submitting a nomination, and each advertisement must include key information such as salary (or salary range), description of the position, location of the position, and required skills and experience. Evidence must be compliant with current Department of Home Affairs labour market testing requirements. Read more information on labour market testing requirements on the Department of Home Affairs website.
8.	Evidence to prove the nominee receives terms and conditions no less favourable than those provided to an Australian citizen or permanent resident: employment contract and 3 recent payslips for a current Australian or permanent resident employee in the same level position or enterprise agreement specific to the business or evidence of market salary levels for similar positions in the NT, which can include: recent advertisements placed for similar positions by other NT employers and/or salary reports specific to the NT market from reputable sources. Provide this evidence for each requested position. Read more information on the salary requirements to nominate a worker on the Department of Home Affairs website.
9.	Template employment contract (i.e. it does not need to include the names of the prospective employees) outlining terms and conditions of employment, including a breakdown of the salary, superannuation and any non-monetary components. Pay slips – if an intended nominee is already employed in the position. Provide above evidence for each requested position.