DAMA Endorsements: What Evidence Employers Commonly Get Wrong?

The Designated Area Migration Agreements (DAMAs) offer pathways for local businesses in regional Australia to address critical skill shortages. However, for employers seeking to endorse skilled worker under DAMA, the process of demonstrating a genuine need and meeting specific criteria can be confusing and challenging. A common mistake is the submission of insufficient or incorrect evidence during the endorsement stage.

What is the DAMA Endorsement Process?

Before an employer can nominate an overseas worker under a DAMA, they must first be endorsed by the relevant Designated Area Representative (DAR). The DAR assesses the employer’s business, its genuine need for overseas workers in specific occupations, and its commitment to local employment which requires quality evidence.

What are the Common Evidentiary Mistakes Employers Make?

Providing only a generic statement that the business needs workers, without concrete examples. Ensure to have detailed justification of why the role cannot be filled by Australian workers, including evidence of unsuccessful local recruitment efforts specific to the DAMA occupation. Evidence can include job advertisements, applications received, interview records, and reasons why Australian candidates were unsuitable.
Submitting only advertisement or ads that don’t meet the standard Labour Market Testing (LMT) requirements. Make sure to provide a comprehensive LMT evidence showing efforts over a reasonable period and using multiple approved recruitment platforms.
Simply stating that the business is profitable, without providing verifiable financial documents is a common mistake. Check that your financial statements are up-to-date, tax returns, and Business Activity Statements (BAS) to prove the business’s capacity to pay the nominated salary and meet other sponsorship obligations for the duration of the visa.
Failure to prove active and lawful operation is also a common mistake an employer may make. Provide your current business registration details (ABN/ACN), recent financial activity, evidence of trading, and confirmation that all necessary licenses and permits are held and current.
Requesting DAMA concessions without concreate explanation as to why they are necessary for this specific role and business can affect the DAMA endorsement. A clear and detailed explanation of why the standard requirements cannot be met and how the requested concession is important for filling the position.
Another mistake would be submitting a general business plan that doesn't specifically address the role or its impact within the DAMA region. Instead, submit a tailored business case that clearly links the nominated occupation to the business's strategic goals, how the role contributes to the local economy, and why the DAMA pathway is the most appropriate solution.
Provide a comprehensive, well-structured statements from the employer, detailing the business's history, the role's duties, the recruitment efforts, and the impact of not filling the position. As relying solely on a brief letter from the business owner may not result in a favourable result.

What are the Impacts of Evidentiary Mistakes?

Incomplete or incorrect evidence can cause processing delays.
If the DAR is not satisfied with the evidence, the endorsement will be refused, halting the entire DAMA visa process.
Additionally, having to correct mistakes requires additional effort and time from both the employer and DAR.

How to Avoid These Mistakes?

Each DAMA have its unique rules, make sure to thoroughly read the guidelines for your specific region.
Gather documents well in advance to avoid accumulated stress.
Provide specific, verifiable details for all claims in a clear and logical way.
Seek professional guidance from an immigration lawyer. They can identify potential evidentiary weaknesses, ensure compliance and present a compelling case to the DAR.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Help

If you are unsure, reach out to speak with one of our immigration lawyers for professional advice and guidance. At Agape Henry Crux, our team of immigration lawyers work together with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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