FAQ for Prospective workers

Can prospective workers apply for a visa under the GSC DAMA independently?
No. DAMA is an employer-sponsored visa program which comes under the TSS (Temporary Skill Shortage) Subclass 482 visa or the SESR (Skilled Employer Sponsored Regional (Provisional) Subclass 494 visa. Businesses must apply to the GSC DAR to access the GSC DAMA for the Approved Occupations, concessions and number of Overseas Workers they require.
If the business is endorsed by the DAR and if the Australian Government signs a labour agreement with the business, they can then submit nomination applications for the appropriately skilled workers they have identified.
An Overseas Worker interested in a visa cannot apply independently.

Will the DAR recommend businesses that may want to sponsor prospective workers under the GSC DAMA?
No. The DAR does not connect those interested in a visa with businesses who are endorsed, or may be interested in applying to be endorsed, under the GSC DAMA.

Will the prospective workers be guaranteed permanent residency under the GSC DAMA?

No. Overseas Workers must meet the eligibility requirements for permanent residency under the GSC DAMA.

A permanent residence pathway for Overseas Workers may be available through the Employer Nomination Scheme (ENS) Subclass 186 visa program for all Approved Occupations in the GSC DAMA.

The following conditions will ordinarily be included in a Labour Agreement and will apply to any nomination for an ENS visa (in addition to the ENS requirements outlined in the Migration Legislation).

(a) The Overseas Worker, at the time of an application for approval of the nomination in relation to an ENS visa (‘the ENS nomination’), holds a TSS visa or SESR 494 visa granted in connection with this Agreement; and

(b) The Third Party’s ENS nomination identifies an Occupation that was the subject of the most recently approved visa for the Overseas Worker; and

(c) The Overseas Worker has been employed for a period of at least 3 years before the ENS nomination is made, by one or more Third Parties who were all endorsed under the GSC DAMA, in the ENS nominated occupation or an Occupation in the same ANZSCO 4 digit level, being an occupation specified in GSC DAMA; and

A permanent residence pathway for Overseas Workers may be available through after

(i) Three year transitional period for all skill level 1-4 occupations

(ii) Four year transitional period for all skill level 5 occupations if they have been promoted or otherwise gain employment in a skill level 4 (or higher) occupation for at least two of those years.

(d) For the whole time that the Overseas Worker was employed in accordance with paragraph (c):

he or she must have held a visa granted in connection with the GSC DAMA; and he or she must have worked in the Designated Area (the GSC); and

(e) The Overseas Worker identified in the ENS nomination can be employed on a full-time basis in the position for at least 2 years, and

(f) The terms and conditions of employment of the Overseas Worker will not include an express exclusion of the possibility of extending the period of employment.

ill the prospective workers be guaranteed permanent residency under the GSC DAMA?
The GSC DAMA provides a pathway to permanent residence. Eligible employees will be able to apply for permanent residence through the Employer Nomination Scheme (ENS) subclass 186 visa

Who will grant the visa under the GSC DAMA?
The Australian Government Department of Home Affairs makes all visa decisions.

Is there an age limit on the applicant?

The GSC DAMA provides age concessions. For occupations at skill level 1 to 4 the nominee must be aged under 55 years when they apply for an ENS visa. To be nominated for an ENS visa under the GSC DAMA, the nominee must have held a TSS or SESR visa granted in connection with the GSC DAMA for three years - meaning they would need to be under 52 when they were granted a TSS visa.

For the occupations at skill level 5 the nominees must be aged under 50 when they apply for an ENS visa so must be under 47 years of age when employed under a GSC DAMA Labour Agreement.

Who do I contact if I have a workplace grievance that I believe is not being properly addressed by my employer?

All workers in Australia have the same rights and protections at work, regardless of citizenship or visa status.
Your employer must comply with Australian workplace and immigration laws, including their obligation to:

pay you the right pay rate for all time worked
provide a safe workplace.

Please contact the relevant authority if any of the following circumstances apply to you.

To find information about the minimum pay rates and entitlements for your job, contact the Fair Work Ombudsman
If your employer threatens to cancel your visa, report you to the Department of Home Affairs or force you to perform work duties that you are not comfortable doing. Find information about workplace conditions at the Fair Work Ombudsman
Know that it is a serious criminal offence for an employer to force you to work by threatening or deceiving you, restricting your freedom to leave or forcing you to pay off an unexplained debt. This behaviour should be reported to the Australian Federal Police on 131 237.

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FAQ for Prospective workers

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