DAMA Concessions Australia: Age, English, Salary and Experience

Executive Summary

A concession is useful only where it solves an identified barrier.

For example:

• the occupation is unavailable through the standard subclass 482 pathway;
• the worker will exceed the ordinary permanent-residence age limit;
• the worker cannot meet the ordinary visa English requirement;
• the regional market cannot support the ordinary migration threshold for the occupation;
• the worker has relevant practical experience but not the ordinary period required; or
• the agreement provides another skills-assessment arrangement for that occupation.

Finding a concession does not resolve the whole application. It modifies one defined part of it.

What Is a DAMA Concession?

A DAMA concession is a negotiated variation to a requirement that would otherwise apply under a standard employer-sponsored visa pathway.

The variation may be available because a regional labour market faces shortages that cannot be adequately addressed under the ordinary program.

A concession may be linked to:

• a particular DAMA;
• a specific occupation;
• a particular geographic area;
• the subclass 482 Labour Agreement stream;
• the subclass 494 Labour Agreement stream;
• a later subclass 186 pathway;
• another agreed permanent pathway;
• the worker’s skill level; or
• a defined industry or business circumstance.

A concession is not a waiver of the entire visa framework

Even where a concession applies, the employer may still need to establish:

• regional eligibility;
• a genuine labour shortage;
• compliant labour-market testing;
• a genuine position;
• the correct occupation;
• lawful salary and employment conditions;
• financial and operational capacity;
• regional endorsement;
• labour-agreement access; and
• a valid nomination.

The worker may still need to establish:

• the concessional requirement;
• relevant skills and experience;
• registration or licensing;
• health;
• character;
• identity;
• visa history; and
• compliance with agreement-specific conditions.

How to Assess Whether a DAMA Concession Applies

The concession should be assessed in a deliberate sequence.

Identify the barrier

What ordinary requirement prevents or weakens the standard pathway?

Examples include:

• the occupation is unavailable;
• the applicant will be too old for the intended permanent visa;
• English is below the ordinary visa setting;
• the salary cannot satisfy the standard migration threshold;
• the applicant lacks the standard period of experience; or
• the standard skills-assessment route is unavailable.

Identify the employer’s DAMA

Which agreement can the employer actually access?

The answer depends on:

• the employer’s legal entity;
• where the business operates;
• where the position will be performed;
• the relevant designated area representative; and
• the current regional agreement.

Check the occupation

Does the concession appear against the occupation the employer genuinely needs to nominate?

Check the visa stage

Does the concession apply to:

• the temporary subclass 482 stage;
• the provisional subclass 494 stage;
• the later subclass 186 stage;
• another permanent pathway; or
• more than one stage?

Test what remains unchanged

After applying the concession, can the employer and worker satisfy every remaining criterion?

Occupation Access as a DAMA Concession

The most valuable DAMA feature is not always a reduced age, English or salary requirement.

Sometimes the decisive advantage is occupation access.

A DAMA may permit an employer to nominate a worker in an occupation that is unavailable through the standard employer-sponsored framework.

This can include skilled and semi-skilled roles responding to specific regional workforce needs.

Occupation access is agreement-specific

An occupation may be:

• available under one DAMA but not another;
• available only in particular locations;
• restricted to certain industries;
• available through subclass 482 but not subclass 494;
• available temporarily but without a permanent pathway;
• linked to a permanent subclass 186 pathway;
• linked to subclass 191 after a qualifying subclass 494 visa; or
• subject to its own skills and concession settings.

Being listed does not establish that the occupation fits

The employer and worker must still show that:

• the genuine duties align with the occupation;
• the position operates at the required skill level;
• the salary reflects the role;
• the worker’s qualifications and experience support it;
• the business genuinely requires the position; and
• the occupation has not been selected merely because it appears on the list.

DAMA Age Concessions

Age concessions are commonly relevant to a later permanent-residence pathway.

The initial subclass 482 visa does not ordinarily create the same age issue as an employer-sponsored permanent visa.

The real age question may arise when the employer later seeks to nominate the worker for subclass 186 permanent residence or another agreed permanent pathway.

Age must be checked at the future application date

A worker may be within the concessional age limit when the temporary visa is lodged but exceed it before becoming eligible for permanent residence.

The strategy should consider:

• the worker’s current age;
• the occupation’s concessional age limit;
• the required period of sponsored employment;
• the expected permanent nomination date;
• time needed for employer endorsement and nomination;
• English or skills requirements at the permanent stage;
• any interruption in employment; and
• the risk that the agreement changes before the permanent application.

An age concession does not guarantee permanent residence

The worker must still satisfy:

• the occupation-specific pathway;
• the required employment period;
• the employer nomination requirements;
• English;
• salary;
• health;
• character; and
• all other permanent-visa criteria.

Do not assume every occupation has the same limit

Age settings may vary by:

• DAMA;
• occupation;
• ANZSCO skill level;
• visa subclass;
• temporary or permanent stage; and
• the version of the agreement operating at the time.

DAMA English Concessions

Some DAMA occupations allow a lower English requirement than the ordinary setting applying to the relevant visa stream.

The concession may help a worker who has the technical or practical ability required by the employer but cannot meet the standard migration English level.

The concession still has a minimum standard

A reduced English requirement does not mean that no English evidence is required.

The agreement may still specify:

• an overall score;
• minimum component scores;
• an approved test;
• a test-validity period;
• a higher standard for permanent residence; or
• another occupation-specific condition.

Visa English and registration English are separate

A worker may satisfy a concessional migration English requirement and remain unable to obtain:

• professional registration;
• occupational licensing;
• industry accreditation;
• membership required to practise;
• employer approval to perform safety-critical duties; or
• another mandatory workplace credential.

The employer should check whether the worker can legally and practically perform the position, not merely whether the worker satisfies the visa English setting.

The permanent stage may require stronger English

A temporary English concession should be checked against the intended permanent pathway.

The worker may later face:

• a higher English requirement;
• different component scores;
• a fresh English test;
• registration requirements; or
• an agreement-specific English condition.

DAMA Salary Concessions

Some DAMA occupations allow a concession to an applicable migration income threshold.

This may recognise that regional salary conditions for a particular occupation differ from those applying nationally.

A salary concession does not allow the employer to pay whatever it chooses.

The concession and the market salary are separate

The employer may still need to establish:

• the relevant concession formula;
• the Annual Market Salary Rate;
• the worker’s guaranteed annual earnings;
• the applicable award or enterprise agreement;
• ordinary hours;
• allowances;
• non-monetary benefits;
• Australian worker comparators;
• regional salary evidence; and
• compliance with Australian workplace law.

A migration concession does not authorise underpayment

The employer must continue to comply with:

• minimum wage obligations;
• award rates;
• penalty and overtime requirements;
• superannuation;
• leave entitlements;
• equal-treatment obligations;
• sponsorship obligations; and
• the labour agreement.

The salary evidence should match the real occupation

Problems arise where the employer relies on:

• a comparator from another occupation;
• a metropolitan salary unrelated to the region;
• a casual hourly rate for a permanent full-time position;
• advertisements with materially different duties;
• an inflated title used only for migration purposes; or
• a total package that includes amounts not properly treated as guaranteed earnings.

DAMA Skills and Work-Experience Concessions

Some DAMA occupations modify the usual qualification, skills-assessment or work-experience requirements.

The concession may:

• reduce the required period of relevant experience;
• allow an alternative qualification setting;
• permit a designated area representative skills assessment;
• modify the standard assessing-authority requirement;
• recognise specified practical experience; or
• apply another occupation-specific skills setting.

A reduced period must still be relevant

A worker may satisfy a shorter experience period only where the work itself supports the occupation.

The evidence should establish:

• employment dates;
• full-time or equivalent part-time hours;
• salary;
• detailed duties;
• the occupational level;
• the legal employer;
• the work location;
• how the employment can be independently verified; and
• whether the experience occurred after the worker became suitably qualified, where relevant.

Related employment is not necessarily skilled employment

A person may have worked in the same industry for many years while performing duties below the nominated occupation’s skill level.

For example:

• a hospitality worker may have limited supervisory responsibility;
• a trade assistant may not have performed the full trade occupation;
• an administrative employee may not have exercised managerial authority;
• a care worker may not have performed the duties required by the nominated role; or
• a technician may not have carried out work at the claimed professional level.

A concession does not remove licensing requirements

The worker may still need:

• Australian registration;
• a trade licence;
• state or territory accreditation;
• mandatory safety credentials;
• working-with-children or vulnerable-person clearances; or
• another occupational approval.

Temporary and Permanent-Stage Concessions

One of the most important DAMA distinctions is whether a concession applies to the first visa, the later permanent visa or both.

Temporary or provisional stage

The initial pathway may involve:

• subclass 482 through the Labour Agreement stream;
• subclass 494 through the Labour Agreement stream;
• occupation access;
• an English concession;
• a salary concession;
• a skills or experience concession; or
• another agreement-specific variation.

Permanent stage

The later pathway may involve:

• subclass 186 through the Labour Agreement stream;
• subclass 191 following an eligible subclass 494 visa;
• a higher concessional age limit;
• a different English requirement;
• a required period of sponsored employment;
• continued employment with an eligible employer;
• continued work within the designated region;
• salary requirements;
• occupation continuity; and
• employer nomination where required.

The same concession may not continue

A worker may receive:

• an English concession for the temporary visa but not the permanent visa;
• an age concession only at the permanent stage;
• a salary concession that changes between visa subclasses;
• occupation access without a permanent pathway; or
• a temporary skills concession with further permanent-stage requirements.

The complete temporary-to-permanent pathway should be tested before the parties commit to the initial application.

What a DAMA Concession Does Not Change

Unless the agreement expressly says otherwise, a concession does not remove the need to establish:

• an eligible employer;
• a genuine regional position;
• the correct legal employing entity;
• regional endorsement;
• labour-agreement access;
• compliant labour-market testing;
• the nominated occupation;
• the worker’s ability to perform the role;
• lawful salary and employment conditions;
• health;
• character;
• identity;
• registration or licensing;
• visa-condition compliance; and
• the later permanent-visa requirements.

A concession should therefore be treated as one component of the case, not the case itself.

How South Australian and Northern Territory Concessions Differ

DAMA concessions are regional.

The South Australian settings cannot be assumed to apply in the Northern Territory, and Northern Territory concessions cannot be transferred to a South Australian employer.

My practice has particular experience with South Australian and Northern Territory DAMA pathways.

South Australia

South Australian DAMA occupation material identifies which concessions may be available for a nominated occupation.

Depending on the occupation and applicable agreement, the available setting may concern:

• occupation access;
• English;
• salary;
• work experience;
• skills assessment;
• age at the permanent stage; or
• another occupation-specific requirement.

The employer should check:

• which South Australian DAMA applies;
• the geographic coverage;
• the current occupation list;
• the concession codes shown against the occupation;
• the definition of each concession;
• the supported visa subclass; and
• the permanent pathway.

Northern Territory

Northern Territory DAMA concessions are also occupation- and pathway-specific.

Current NT material includes higher age limits for specified permanent pathways, with the applicable limit depending on the skill level of the occupation.

NT cases should be checked for:

• the current NT DAMA occupation list;
• occupation skill level;
• age at the intended permanent nomination date;
• temporary and permanent English requirements;
• skills and experience settings;
• salary concessions;
• employer endorsement requirements;
• continued Territory employment; and
• the permanent pathway attached to the occupation.

The Employer’s Role in Accessing a Concession

A worker cannot independently activate a DAMA concession.

The employer must generally:

• operate within the designated area;
• identify a genuine position;
• select an occupation available under the agreement;
• complete labour-market testing;
• identify the concession being requested;
• explain why the concession is required;
• seek endorsement from the designated area representative;
• obtain labour-agreement access;
• lodge the nomination; and
• comply with the agreement and sponsorship obligations.

The employer may need to justify the concession

The fact that a concession appears against an occupation does not necessarily mean the employer can simply select it without evidence.

Depending on the agreement and concession, the employer may need to explain:

• the regional labour shortage;
• the position’s salary;
• the recruitment outcome;
• the worker’s circumstances;
• why the ordinary requirement cannot be met;
• how the worker can still perform the role safely and effectively; and
• how the concession supports regional workforce retention.

Can a Worker Use a DAMA Concession Without an Employer?

No.

A DAMA concession is accessed through an employer-sponsored labour-agreement pathway.

The worker needs:

• an eligible employer;
• a genuine job offer;
• a position within the relevant designated area;
• an occupation available under the employer’s DAMA;
• an employer willing to seek endorsement and labour-agreement access;
• a concession attached to that occupation; and
• a valid employer nomination.

A worker cannot obtain personal approval for an age, English or salary concession in advance of the employer process.

Evidence Needed to Support a DAMA Concession

Employer evidence

• business registration records;
• evidence of regional operations;
• financial records;
• organisational charts;
• workforce information;
• position description;
• employment contract;
• labour-market-testing records;
• salary and market-rate evidence;
• regional endorsement material;
• explanation of the concession requested; and
• documents showing the business can support the role.

Worker evidence

• passport and identity records;
• qualifications;
• skills assessment where required;
• employment references;
• payslips and bank records;
• taxation or social-insurance records;
• English results;
• registration or licensing;
• health evidence;
• police clearances;
• visa history; and
• documents addressing the concession criteria.

Concession evidence should be internally consistent

For example, a salary-concession request may be weakened where:

• the contract states one salary and the nomination another;
• the employer’s advertisements offered a higher amount;
• the role is described at a higher skill level than the salary supports;
• the market evidence relates to another occupation; or
• the employer cannot explain how the worker will be paid lawfully.

Common DAMA Concession Mistakes

The concession is taken from the wrong DAMA

The worker finds an age or English concession online, but it belongs to another region.

The concession applies to another occupation

Two related occupations appear on the same list, but only one carries the required concession.

The concession applies only at the permanent stage

The worker assumes an age or English setting applies to the initial visa when it applies only to the later subclass 186 pathway.

The temporary concession does not continue

The worker qualifies for the initial visa but cannot meet the English, age or employment requirement at the permanent stage.

The employer misunderstands a salary concession

The migration threshold is reduced, but the proposed pay still fails the market salary or workplace-law requirements.

The worker’s experience is not relevant

The concession reduces the required period, but the employment evidence does not establish duties at the nominated occupational level.

The English concession does not satisfy registration

The worker meets the visa score but cannot obtain the licence or professional registration required for the role.

The occupation is selected to obtain the concession

The position description is rewritten around a concession-bearing occupation that does not reflect the real job.

The parties assume endorsement decides the visa

The regional authority endorses the concession request, but Home Affairs must still assess the labour agreement, nomination and visa application.

Old occupation-list material is relied upon

The concession appeared under a previous agreement or variation but is no longer current.

Simon’s Perspective

DAMA concession enquiries often begin with one number.

A worker tells me:

I am over 45, but DAMA allows people up to 55.

Or an employer says:

There is a salary concession, so we can pay less.

The number may be correct for one occupation, one agreement and one visa stage.

That does not establish the pathway.

The age setting may apply only at permanent residence. The English concession may apply to the visa but not registration. The salary concession may reduce a migration threshold while leaving the award and market salary unchanged.

I also see applicants focus on the concession when occupation access is the more important advantage.

They assume their main problem is age or English, when the standard program does not provide access to the occupation at all.

The reverse also happens.

An employer chooses an occupation because it carries several concessions, then writes a position description around it. The real duties belong to another occupation or operate at a lower skill level.

In South Australian and Northern Territory matters, the regional detail is especially important.

Two occupation lists may use the same title but attach different:

• English settings;
• age limits;
• salary arrangements;
• skills requirements;
• visa subclasses; and
• permanent pathways.

The strongest concession cases begin by identifying the ordinary requirement that creates the problem.

They then test whether the employer’s actual DAMA and occupation modify that requirement—and whether the remaining case still works.

That is a much safer approach than finding the most generous concession online and trying to build the employment around it.

Related DAMA and Employer Sponsorship Guides

• 
  DAMA Visa Australia: Regional Employer Sponsorship
  
• 
  DAMA vs 482 Visa Australia
  
• 
  482 Visa Australia: Skills in Demand Requirements and Strategy
  
• 
  494 Visa Australia: Regional Employer Sponsorship and PR Pathway
  
• 
  186 Visa Australia: Employer Nomination Scheme Permanent Residence
  
• 
  Employer-Sponsored Visas Australia
  
• 
  Employer Sponsorship Occupation Strategy
  

Official DAMA Concession Resources

• 
  Department of Home Affairs — Designated Area Migration Agreements
  
• 
  Department of Home Affairs — DAMA labour-agreement framework
  
• 
  Move to South Australia — DAMA concessions
  
• 
  Move to South Australia — DAMA occupation list and concessions
  
• 
  Northern Territory Government — NT DAMA concessions
  
• 
  Northern Territory Government — NT DAMA permanent residence pathway
  
• 
  Department of Home Affairs — Subclass 482 Labour Agreement stream
  
• 
  Department of Home Affairs — Subclass 494 Labour Agreement stream
  
• 
  Department of Home Affairs — Subclass 186 Labour Agreement stream
  

DAMA Concessions Australia FAQs

What are DAMA concessions?

DAMA concessions are negotiated modifications to specified employer-sponsored visa requirements. They may concern occupation access, age, English, salary, skills, qualifications or work experience.

Are DAMA concessions automatic?

No. The concession must be available under the employer’s DAMA, attached to the nominated occupation and applicable to the relevant visa stage.

Does every DAMA occupation have concessions?

No. Some occupations may have several concessions, some may have only occupation access, and others may have no additional concession.

Can DAMA help someone aged 45 or older?

Potentially. Some occupations provide higher age limits for specified permanent pathways. The exact limit and future application date must be checked.

Does an age concession apply to the initial subclass 482 visa?

Age is commonly more significant at the permanent-residence stage. The concession must be checked against the particular visa subclass and occupation.

Can DAMA reduce the English requirement?

Some occupations provide a concessional English setting. The worker must still meet the minimum concessional score and any separate registration or licensing requirement.

Can the permanent visa require higher English?

Yes. The English setting at the temporary stage may differ from the setting applying to the later permanent pathway.

Does a salary concession allow an employer to underpay a worker?

No. The employer must continue to satisfy market salary requirements, Australian workplace law, awards or industrial instruments and the labour agreement.

What is the difference between the migration threshold and market salary?

A migration threshold is a visa or nomination requirement. Market salary concerns the lawful and appropriate rate for the actual Australian position. Both may need to be satisfied.

Can DAMA reduce the work-experience requirement?

Some occupations may have a reduced experience setting. The worker must still establish the required period of relevant skilled employment through reliable evidence.

Can DAMA change the skills-assessment requirement?

Potentially. Some occupations use agreement-specific assessment or qualification settings. The current occupation and agreement requirements must be checked.

Can occupation access itself be a concession?

Yes. A DAMA may permit sponsorship in an occupation unavailable through the standard employer-sponsored program.

Can I access a concession without an employer?

No. DAMA concessions are accessed through an eligible employer, regional endorsement, labour-agreement access and nomination.

Does a temporary concession guarantee permanent residence?

No. The permanent pathway may apply different age, English, employment, salary or occupation requirements.

Are South Australian and Northern Territory concessions the same?

No. Each agreement has its own occupations, concession settings, endorsement requirements and permanent pathways.

Does endorsement guarantee that the concession will be accepted?

No. Endorsement is followed by the labour-agreement, nomination and visa stages. Home Affairs must still assess the complete case.

Can an employer choose any concession shown under the DAMA?

No. The concession must be attached to the occupation and justified under the applicable regional and labour-agreement requirements.

Where should current concession settings be checked?

Check the current occupation list, concession definitions and official guidance published by the relevant designated area representative, together with the applicable Home Affairs visa and labour-agreement requirements.