综述 ：2019年4月，NSW Orana地区（Regional Development Australia Orana）与澳洲政府签订了Orana指定区域移民协议DAMA。协议期限5年，旨在为该地区面临关键技术和劳动力短缺的雇主提供担保海外技术工人的途径。RDA Orana同样提成优先保证澳洲公民和居民的就业机会。
一. Orana DAMA定义及实施-飞出国
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定义：Orana DAMA是Regional Development Australia (RDA) Orana与澳洲政府签订的关于该地区的移民协议，属于雇主担保签证项目，个人不得独立申请。
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大体申请流程：Orana DAMA适用于482临时技术短缺签证以及186雇主提名计划的劳动协议类别。
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在RDA Orana的认可下，企业申请并与内政部签订劳动协议；
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经认可的雇主提名所需职位；
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工人申请并可能获得TSS 482签证或ENS 186签证（在Orana DAMA协议下，部分半技术的职业只能申请TSS签证）。
- 基本要素：
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是Orana DAMA 签证持有者 获得永居 的重要途径；
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广泛涵盖了Orana紧缺的技工和半技工类职业；
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部分职业英语要求降低；
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提供的工资减免反映了Orana地区的市场价格，确保不损害当地工人的就业条件；
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纳入了一系列风险和诚信行为，以确保保护雇员和雇主的权利；
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期限为5年。
- RDA Orana权限：
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管理雇主认可/背书程序；
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监督雇主的市场行为以及政府各项举措的影响；
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为雇主和签证持有者提供背书程序和后续就业阶段的支持。
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汇报和评估 DAMA的效果以及对Orana地区的影响。
- 澳洲政府权限：
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管理所有DAMA协议；
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根据法律要求，对劳动协议，提名和签证阶段的个人申请进行评估。
- 雇主义务 ：
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证明有能力长期雇佣所要担保的移民申请人；
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证明已做出适当的尝试来招募和雇用澳大利亚公民；
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证明在澳洲就业或者工作部门没有不良记录；
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证明愿为移民雇员提供至少相同的工作条件。
- 雇主资质要求及申请材料清单：
How does it work?
A Designated Area Migration Agreement (DAMA) is an agreement between the Australian Government and a Designated Area Representative (DAR), in this case, Regional Development Australia (RDA) Orana in New South Wales.
The Orana DAMA is an employer-sponsored visa program and individual workers cannot apply for a visa independently.
The Orana DAMA utilises the labour agreement stream of the Temporary Skills Shortage visa (TSS subclass 482) and the Employer Nomination Scheme (ENS subclass 186). Following endorsement from RDA Orana, businesses apply for and enter into a labour agreement with the Department of Home Affairs. Endorsed employers then lodge a nomination for the position required, and workers then apply for and may be granted a TSS Subclass 482 or ENS Subclass 186 visa.
Note: some semi-skilled occupations are only eligible to apply for the TSS visa under the Orana DAMA.
RDA Orana has negotiated an agreement for the Orana region that includes specific occupations and conditions that will assist our region to address our most acute labour shortages. You can find the DAMA Skills List HERE.
Essential elements of the Orana DAMA:
- It is a pathway to permanent residency for Orana DAMA visa holders
- It caters for a broad range of occupations that reflect skilled and semi-skilled shortages in the Orana
- It offers English language concessions for some occupations
- It offers salary concessions that reflect the Orana regions market rates, ensuring that local worker terms and conditions of employment are not eroded
- It incorporates a range of risk and integrity actions to ensure that the rights of both employees and employers are protected.
- It is a five-year agreement.
What is the role of RDA Orana?
As the Designated Area Representative (DAR), RDA Orana’s role is to manage a number of aspects of the DAMA on behalf of the Australian Government.
The responsibilities for RDA Orana include:
Managing the employer endorsement process.
Employers interested in a Labour Agreement under the Orana region DAMA must first be endorsed by RDA Orana. As a part of this process, RDA Orana must ensure that the business has undertaken the appropriate steps to ensure the aims of the DAMA are upheld and that legislative requirements for the relevant visa pathways will be met.
If the employer is endorsed, the RDA Orana will provide a letter of endorsement to the employer and the Department of Home Affairs.
Monitor the labour market behaviour of employers and the impact of various government initiatives in the Orana region to ensure that Australians are not disadvantaged by the DAMA and that the DAMA objectives are met.
RDA Orana does this by undertaking monthly job ad surveys, an annual skills shortage survey and regular briefings with a broad range of employers within the Orana region. We also regularly consult with business organisations and RDAs from across the country to monitor labour markets and activities taking place in a broader context.
Supporting employers and visa holders through the endorsement process and subsequent employment period.
RDA Orana acts as a conduit between the employer and various government departments and service providers:
- to ensure both the employer and the employee have access to information on their working rights and responsibilities
- to assist employers where variations in arrangements need to be made, and
- to provide settlement support information about regional relocation, health, emergency services and education is available to ensure the migrant family’s settlement is as smooth as possible.
Reporting on and evaluating the effectiveness of the DAMA and its impacts on the Orana region.
What is the role of the Australian Government?
The Department of Home Affairs undertakes two major functions in relation to the DAMA.
It manages all DAMAs and their objectives on a national level and ensures that all parties meet their obligations under these agreements.
It undertakes the assessment of an individual applications against the legislative requirements for the Labour Agreement, nomination and visa stages.
What is the role of the employer?
As an employer, you must submit an honest, accurate and complete application to show your business:
- has the capacity to employ the migrant you wish to sponsor on a long-term basis
- has made a suitable attempt to recruit and employ an Australian citizen (subject to specific requirements)
- does not have a history of adverse dealings with Australian employment or workplace departments
- is looking to provide at least the same working conditions to the migrant employee as is required by both law and the Australian labour market (subject to TSMIT requirements)
Download the Business Application Form for full details of the requirements and responsibilities of an Endorsed Employer.
Download the Document Checklist and Standards for Employer Sponsored Visas for the full details of the documents you will need to submit for your endorsement application.
Step by Step Application Process
