Can I apply for DAMA with a Pending Visa Application in the Department's System?
Are you thinking of relocating or changing employers in the Designated Area Migration Agreement (DAMA) region? You may be wondering if you can apply for a DAMA while processing a visa with the Department of Home Affairs (DoHA) and what your best option is moving forward.
What is Designated Area Migration Agreement (DAMA)?
DAMA is designed to assist employers in regional areas in Australia in filling skill shortages with overseas workers. Each DAMA is tailored to meet the specific needs of the designated area and may include unique provisions such as exemptions from certain standard visa requirements.
Related: All You Need to Know About DAMA, Designated Area Representative & Labour Agreement
Can I apply for DAMA if I have a Pending Visa?
The short answer is yes, you can apply for DAMA if you have a pending visa currently processing in the system. However, there are a few things you should understand and consider, which are:
Depending on what visa you are currently holding, you may not be eligible to apply for DAMA.
Applying for another visa while having a pending visa application can lead to complications. Your immigration status may be at risk due to meeting requirements and criteria such as Genuine Temporary Entrant (GTE).
Consistency is key. If information provided on your DAMA application and pending application differ, it may raise inconsistency, and your visa application may be refused due to false and misleading information (PIC 4020).
Weigh the timing of your DAMA application against the likelihood of your current application coming to a decision. In some cases, it may be wiser to wait for the outcome of your pending application before applying for a new visa.
Otherwise, withdrawing your pending visa application may be an option if you prefer to apply for DAMA.
How Can Agape Henry Crux Help
If you are interested in DAMA and labour agreement for your next visa pathway, it is best to speak with an immigration lawyer before taking any action. Contact Agape Henry Crux to discuss your visa pathway with one of our Accredited Specialist Immigration Lawyers (s), our team of immigration lawyers or registered migration agents. The team specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
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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