DAMA Childcare Pathway to PR

Required Documents

Here are some documents that the company may be required to provide:

• ABN Cert
• Business Name Cert
• Documents pertaining to the set up of the business
  (company, partnership, joint venture etc)
• Financial Reports such as profit or loss statement or
  annual report for last financial year)
• BAS statements or tax returns
• Receipts for training expenses
• Payroll Receipts

+ Possibly other related documents

Obligations of the Sponsor

• Your employer must cooperate with inspectors from the Department of Immigration and Border Protection if they request any documents from the business.
• Your employer must ensure that your condition of employment is no less favourable than Australian employees
• Your employer is required to pay return travel cost for TSS visa holders
• Your employer must pay the cost to locate and remove any foreign employees they sponsor if they become illegal in Australia
• Your employer must maintain records for at least 5 years after the TSS visa holder leaves Australia
• Your employer is required to notify the DIBP of any changes in the circumstances of employment. Similarly your employer is required to respond to all notifications from the DIBP
• Your employer must not seek to recover any sponsorship or recruitment costs from the employee.

+ Other possibly obligations

DAMA Endorsement

The childcare centre must undertake the required labour market testing (job advertisements) and lodge a DAMA Endorsement. (This is very similar to the nomination, but it is with the individual DAMA area).

Labour Market Testing

You will need to also prove that there are no Australians that are eligible for the position and that the company has attempted to hire Australians for the role. Evidence will need to be supplied as part of the application and the evidentiary requirements are very specific. In most cases, two advertisements placed within the last twelve months for a minimum period of 28 days will be acceptable.

Lodge Labour Agreement with Immigration

Once the DAMA endorsement has been approved you will receive an endorsement letter and then apply for the Labour Agreement with immigration.

Nomination Application

The company must submit a nomination application for the employee. Once successful in receiving approval as a business sponsor and approved labour agreement, the employer can then apply to the Department of Immigration and Border Protection (DIBP) to nominate a foreign employee to fill the position. The DIBP will decide if the employer fulfills the nomination requirements.

Skilling Australia Fund

The introduction of the TSS visa brings with it a new Skilling Australians Fund (SAF) levy to be paid at nomination stage. The SAF levy will make nominating employees a considerably more expensive undertaking for a business.

The amounts payable per applicant are set out as follows:

• The charge will be calculated according to the number of years for which the visa is required, as set out in
  the nomination, and will be payable in full at this time.
• A small business (Turnover less than $10M) will pay $1,200 per nomination per year for a TSS visa. A large
  business will pay $1,800 per nominee per year.
• If the employee is applying for a four year visa, this will require the four annual payments to be made at the
  time of application. (For example, if a large business nominates an employee for a four-year TSS visa, this
  business is liable to pay $7,200 when the nomination is made.)

Apply for the visa

• After the employee has been nominated to fill a position, they may then apply for a TSS employer sponsored visa to fill the position.

To be successfully granted the visa the employee must demonstrate that they:

• Possess the required skills, education and qualification to fill the position
• Meet the required English language proficiency requirement
• Are of good character and health
• Have health insurance required for the duration of the visa