Accessing the FNQ DAMA
Far North Queensland Designated Area Migration Agreement
SUBSCRIBE FOR FNQ DAMA UPDATES
Accessing the FNQ DAMA to address your skills shortages - step by step
Step 1 - Seek endorsement for one or more occupations/positions
Employers need to be endorsed by the Cairns Chamber of Commerce to access the FNQ DAMA. The request can be made for a single occupation/position or multiple occupations/positions. A request for endorsement is assessed in 5 business days if well-presented and complete. Incomplete requests will take longer. As part of the endorsement, the Cairns Chamber of Commerce is able to 'value add' with local knowledge that may assist the Department of Home Affairs in assessing steps 2-4. An endorsement fee applies per position sought. For details about how to request endorsement and the endorsement fee, see below.
Step 2 - Request a Labour Agreement (valid for 5 years)
Once endorsed, the employer is then able to submit an online request for a FNQ DAMA Labour Agreement through the Department of Home Affairs' ImmiAccount system. The Labour Agreement will stipulate the number of approved occupations and positions, as well as the FNQ DAMA concessions to standard skilled migration criteria. The Labour Agreement is valid for up to five years and can be varied during its lifetime based on business need, such as to have further occupations, positions, or concessions added. There are no government fees to request a Labour Agreement. When endorsing an employer, the Cairns Chamber of Commerce provides the employer or their agent an instruction guide on how to submit a FNQ DAMA Labour Agreement request in ImmiAccount.
Note that steps 1 and 2 above are about the business need for the occupation/s and position/s being sought. Prospective overseas worker/s may or may not have been identified at these steps. This allows for forward planning. The following two steps are about the individual overseas worker/s.
Step 3 - Nominate individual overseas worker/s
Employers can then nominate the overseas worker or workers up to the occupation/position number limits specified in their Labour Agreement, with access to the FNQ DAMA concessions covered by the agreement. Nominations are made under the Labour Agreement Stream, that links with the concessions in the employer Labour Agreement. The overseas worker's immediate family may be included in the nomination. The nomination incurs the standard government charges (see TSS 482 or SESR 494 or ENS 186 for the relevant government fees and charges, being sure to refer to the 'Labour Agreement Stream' in each case).
Step 4 - Overseas worker/s apply for visa
Once a nomination is approved the overseas worker can apply for their visa. The temporary visa is valid for up to four or five years. Once the overseas worker has been with the employer in FNQ for at least three years*, they may have access to a permanent visa under the FNQ DAMA. Refer to the FNQ DAMA Information Guide (below) for details.
* In certain circumstances, time spent in FNQ on previous visas in the same or a similar occupation may be taken into account.
The following diagram summarises the above four steps and the parties responsible for each.
Requesting endorsement from the Cairns Chamber of Commerce to access the FNQ DAMA (resources updated 9 January 2024)
You will need...
FNQ DAMA Occupation and Concessions List
FNQ DAMA Information Guide
FNQ DAMA Endorsement Submission Guide
FNQ DAMA Request for Endorsement Form
Chamber Credit Card Authorisation Form
Useful
DAMA Labour Market Testing (FNQ - Cat 3 Region)
Fact Sheet - Raising the TSMIT (Aug 2023)
You may need...
- FNQ DAMA Salary Concessions Summary
- FNQ DAMA Domestic Recuitment Effort Summary
- FNQ DAMA Job Descriptions for non-ANZSCO Occupations (for the purposes of the FNQ DAMA these occupations have all been given the ANZSCO code 070499):
Request for Endorsement fee
The FNQ DAMA request for endorsement fee (per position sought) is payable in full at time of requesting endorsement:
- $885 – Cairns Chamber of Commerce members*
- $985 – non-members
- Rollover fee** - $275 per position
*Membership must be current and be annual membership or held for at least 12 months as at date of seeking endorsement.
** 'Rollover' refers to endorsement of unused positions from one year of an employer labour agreement to the next (conditions apply).
All enquiries about the FNQ DAMA may be directed to
HISTORIC INFORMATION
The above information relates to the current FNQ DAMA (effective from 19 December 2023). For employers with Labour Agreements approved prior to that date, those Labour Agreements continue to remain in effect for the life of that Labour Agreement. To access the historical pre-18 June 2021 or the pre-30 March 2022 FNQ DAMA information, click on the relevant tab below.
If you are accessing the FNQ DAMA for the first time from 30 March 2022, this tab is not relevant to you.
The FNQ DAMA 1.2 is no longer applicable for requests for endorsement to access new Labour Agreements under the FNQ DAMA made after 30 March 2022, but still applies for existing holders of Labour Agreements signed before that date who are seeking 'subsequent year' additions or changes (holders of earlier FNQ DAMA Labour Agreements can still request to add current occupations o concessions to their existing agreements by way of a variation request - refer to the FAQ page).
FNQ DAMA v1.1 (no longer in effect after 17 June 2021 for any new Labour Agreements)
If you are accessing the FNQ DAMA for the first time from 18 June 2021, this tab is not relevant to you.
The FNQ DAMA 1.1 is no longer applicable for requests for endorsement to access new Labour Agreements under the FNQ DAMA made after 17 June 2021, but still applies for existing holders of Labour Agreements signed before that date who are seeking 'subsequent year' additions or changes.
The FNQ DAMA 1.1 (for holders of pre-18 June 2021 Labour Agreements) continues to provide eligible businesses access to occupations not usually available through the Temporary Skill Shortage (TSS) visa (subclass 482) visa. It also provides for English language and Temporary Skilled Migration Income Threshold (TSMIT) concessions, as well as concessions to qualifications and experience for select occupations.
The FNQ DAMA also provides access to a permanent visa pathway for select occupations, that might not otherwise be available under standard skilled migration pathways. The caveats that apply to many occupations under standard skilled migration pathways do not apply to occupations under the FNQ DAMA.
English language concessions
The English language concession is available to overseas workers applying for a TSS visa when nominated for select positions under the FNQ DAMA. The occupations list indicates those occupations for which this English language concession may be sought.
The following English language concession applies to those select occupations:
- TSS visa English concession: Average score of IELTS 5.0 with no component being less than IELTS 4.0 or equivalent (unless registration or licensing requires a higher level of English).
For any occupations that are not listed in the occupations list as having an English language concession under the FNQ DAMA, the Overseas Worker is required to meet the minimum standard English language requirements applicable to the TSS and ENS non-labour agreement visa streams under the Migration Regulations.
Applicants seeking to transition to a permanent visa under the Employer Nomination Scheme (ENS) will require a score of 6.0 (IELTS) on each or equivalent (i.e. there are no English language concessions available for ENS permanent visas under the FNQ DAMA).
Note the English language requirements may be met if a visa applicant would be regarded as an 'exempt applicant' for the purpose of the legislative instruments applicable to TSS and ENS visas.
Other accepted English language tests are:
- Occupational English Test (OET);
- Test of English as a Foreign Language internet-based test (TOEFL iBT);
- Pearson Test of English (PTE) Academic Test; or
- Cambridge English: Advanced (CAE) test.
TSMIT concessions
All workers employed under the FNQ DAMA must be employed under Australian employment conditions and receive no less than what an Australian would to undertake the same job in the same location. Many employer-sponsored visa programs, including the standard TSS program, have a minimum threshold that can be paid (the Temporary Skilled Migration Income Threshhold, or TSMIT, which currently sits at $53,900 applies).
Under the FNQ DAMA, TSMIT concessions are available for some occupations. You can view the list of occupations and available concessions under the FNQ DAMA here. The TSMIT concessions available for the select occupations under the FNQ DAMA are summarised as:
For concessions types 3 and 4, when calculating an Overseas Worker's Earnings, the value of board (comprising accommodation and meals) should not exceed published home-stay rates for the Cairns Region (based on the standard EQI Rate at the time of application) https://eqi.com.au/study-options/fees.
For concessions type 2 and 4, when calculating an Overseas Worker's Earnings, the value of other non-monetary earnings (such as phone, vehicle) cannot exceed 10% of TSMIT.
Important:
Employers that seek concessions based on non-monetary benefits provided to overseas workers must ensure the:
- benefits support the living costs of the overseas worker, and
- overseas worker would have incurred that cost had it not been provided by the approved sponsor, and
- benefits are quantifiable, and
- benefits are consistent with terms and conditions provided to existing Australians employed in a similar position, and
- benefits are guaranteed in the employment contract, and
- benefits exclude contingent payments such as overtime (other than guaranteed overtime), bonuses and commissions.
Skills and Experience concessions and requirements
If a business is endorsed to access an FNQ DAMA occupation, the subsequent Labour Agreement will specify the relevant Skills Assessing Authority, as outlined in the information below.
Specified non-ANZSCO Skill Level 3 Occupations
Overseas workers filling any of the three non-ANZSCO occupations listed above must meet the following skills and experience requirements;
- A visa applicant must undergo a skills assessment by VETASSESS, and
- Have at least a relevant AQF or equivalent Certificate IV with at least one year (20+ hours per week) relevant post qualification experience.
General ANZSCO Skill Level 4 Occupations
Overseas workers filling any of the general ANZSCO skill level 4 occupations listed above must meet the following skills and experience requirements;
The visa applicant must:
- A visa applicant must undergo a skills assessment by VETASSESS
AND MEET ONE OF THE FOLLOWING GROUPS OF REQUIREMENTS
- Have at least a relevant AQF or equivalent Cert II with at least one and a half years (20 plus hours per week) relevant post qualification experience; OR
- Have at least a relevant AQF or equivalent Cert III with at least one year (20 plus hours per week) relevant post qualification experience; OR
- Have at least two years (no less than 38 hours per week) relevant experience.
Specified ANZSCO Skill Level 4 Occupations
Overseas workers filling any of the specified ANZSCO skill level 4 occupations listed above (in the aged, disabled, health and child care sectors) must meet the following skills and experience requirements;
The visa applicant must:
- A visa applicant must undergo a skills assessment by VETASSESS, and
- Have at least a relevant AQF Cert III or higher qualification, and
- Have at least two years (38 plus hours per week) relevant post qualification experience.
ANZSCO Skill Level 1 to 3 Occupations
Overseas workers filling ANZSCO skill level 1 to 3 occupations in the above table must meet the following skills and experience requirements;
- A visa applicant must undergo a skills assessment by VETASSESS, and
- Meet the skill level requirements as defined in ANZSCO, and
- Have at least two years post qualification experience (38 plus hours per week)
All other ANZSCO skill level 1 to 3 occupations in the FNQ DAMA Occupation List that are not included in the table above must meet the following skills and experience requirements:
- A visa applicant must undergo a skills assessment by the Skills Assessing Authority stipulated in the Australian Government's skilled occupation list (which will be specified in the Labour Agreement), and
- Meet the skill level requirements as defined in ANZSCO, and
- Have at least two years post qualification experience (38 plus hours per week).
VETASSESS brochure and FAQs for FNQ DAMA occupations
Department of Home Affairs - useful links:
Labour Market Testing
DAMA Factsheet - Labour Market Testing (September 2021)
Salary Requirements
Temporary Skills Shortage (TSS 482) Visa
Skilled Employer Sponsored Regional (SESR 494) Visa
Employer Nomination Scheme (ENS 186) Visa
Skilled Regional (191) Visa
