Australian Law News

Townsville North Queensland DAMA Pathway: PR Up to 54 over 200 Occupations

Townsville North Queensland DAMA Pathway: PR Up to 54 over 200 Occupations

Townsville North Queensland DAMA Pathway: PR Up to 54 over 200 Occupations

If you’ve been researching regional visas, DAMA pathways, employer sponsorship options, or whether it’s still possible to obtain Australian permanent residency up to age 54, this guide is for you.

One of the most common questions we receive is whether Queensland offers a DAMA pathway.


The answer is yes — and one of the most flexible options available is the Townsville North Queensland Designated Area Migration Agreement (TNQ DAMA).

This pathway can be particularly valuable if you are:

  • Over 45 and struggling to qualify for permanent residency
  • Seeking age, English, or salary concessions
  • Working in an occupation with limited visa options under standard programs

Below, we explain how the TNQ DAMA works, who it is for, and how it can lead to permanent residency in Australia.

What Is the Townsville North Queensland DAMA?

The Townsville North Queensland DAMA is a formal agreement between the Australian Government and Townsville Enterprise, acting as the Designated Area Representative for North Queensland.

The agreement allows approved regional employers to sponsor overseas workers when they are unable to fill roles locally.
Because the program is designed to address regional workforce shortages, it offers greater flexibility than standard employer-sponsored visa pathways.

Why the TNQ DAMA Matters for Employers and Migrants

The TNQ DAMA includes more than 200 eligible occupations, covering both skilled and semi-skilled roles.

For employers, it provides a realistic way to fill genuine labour shortages.
For migrant workers, it opens up migration pathways that do not exist under the standard skilled visa system.

Most importantly, it offers concessions that make permanent residency achievable for people who would otherwise be excluded.

Key Concessions Under the TNQ DAMA

Some of the major advantages of the TNQ DAMA include:

  • Age concessions
    In many occupations, applicants can access permanent residency up to age 50 or 54 (instead of the usual age limit of 45).
    Note: with age concessions, applicants must generally be under 54 at the time of Subclass 186 or 494 nomination.
  • English concessions
    Lower English language requirements may apply for certain occupations.
  • Salary concessions
    Some roles allow reduced salary thresholds compared to standard visa requirements.
  • Long-term labour agreements
    Once approved, a DAMA labour agreement can be valid for up to five years.
  • Permanent residency pathways, including:
    • Subclass 186 (Employer Nomination Scheme)
    • Subclass 494 (Skilled Employer Sponsored Regional) leading to Subclass 191 PR

Which Regions and Occupations Are Covered? / TNQ DAMA Occupation List

The TNQ DAMA applies to designated areas of North Queensland, as defined by Townsville Enterprise.

dama area map 01

The Townsville North Queensland DAMA occupation list is extensive and includes roles that are not available under Queensland’s standard state nomination programs, such as:

  • Truck driver
  • Kitchen hand
  • Hotel receptionist
  • Motor mechanic
  • Fruit picker
  • Numerous health-related occupations

The full occupation list is available on the official Townsville DAMA website and should always be checked carefully, as eligibility and concessions vary by role.

How Employers Can Access the TNQ DAMA

Accessing the TNQ DAMA involves several stages:

Stage 1 – Endorsement

The employer applies to Townsville Enterprise for endorsement as a DAMA business.
This includes submitting:

  • DAMA request form
  • Business declaration
  • Covering letter outlining genuine labour needs
  • Job description
  • Organisational chart
  • Evidence of unsuccessful local recruitment

Stage 2 – Labour Agreement

Once endorsed, the employer applies to the Department of Home Affairs for the labour agreement.

Stage 3 – Nomination

The employer nominates the overseas worker for an approved DAMA occupation.

Stage 4 – Visa Application

The worker lodges their visa application, typically under:

At every stage, employers must demonstrate that Australian workers were prioritised and that labour market testing has been conducted correctly.

How We Can Help

At Work Visa Lawyers, we specialise in employer-sponsored migration and regional pathways, including DAMA labour agreements. Our founder, Chris Johnston, is one of the best immigration lawyers in Australia, with over 20 years of experience in migration law.

We can assist with:

  • Assessing whether your business and occupation qualify
  • Advising on labour market testing requirements
  • Preparing endorsement and labour agreement applications
  • Managing communication with the Department of Home Affairs
  • Handling sponsorship, nomination, and visa applications from start to finish

Whether you are a North Queensland employer struggling to fill a critical role, or a migrant worker exploring regional migration options, we can guide you through the process with clarity and confidence.

With the right strategy, it can provide a realistic pathway to permanent residency — even when other visa options are no longer available.

If you would like personalised advice, we invite you to book a consultation with our team.

Book an Appointment

Sources:

https://www.townsvilleenterprise.com.au/skills-and-migration/designated-area-migration-agreement/

https://s3-ap-southeast-2.amazonaws.com/os-data-2/townsvilleenterprise-com-au/documents/townsville_north_queensland_occupation_list_june2025.pdf

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Ministerial Intervention in Australia: What It Is & What You Need to Know

Ministerial Intervention in Australia: What It Is & What You Need to Know

Ministerial Intervention in Australia: What It Is & What You Need to Know

 

Ministerial Intervention (MI) is a last‑resort avenue in Australian immigration law where the Minister for Immigration and Citizenship personally considers granting you a visa when all other legal options have been exhausted. It is a discretionary power under the Migration Act 1958 (Cth), specifically sections 351 and 501J, meaning the Minister may grant a visa if it’s deemed in the public interest — but he is under no obligation to do so.

In essence, MI provides a final opportunity for people whose visa applications have been refused by the Administrative Review Tribunal, or after further legal avenues, to ask the Minister to intervene on compassionate or exceptional grounds.

Who Can Lodge a Ministerial Intervention Request?

A Ministerial Intervention request is intended as a last‑resort option. You can only lodge one after:

  • Your visa application has been refused; and
  • You have exhausted appeals at the Tribunal, and in some cases the courts.

This request asks the Minister to personally consider granting you a visa due to exceptional and compelling circumstances.

Examples of Exceptional and Compelling Circumstances

Ministerial Intervention is usually only considered where there are exceptional and compelling circumstances, such as:

  • Serious health issues and being permanently unfit to depart Australia;
  • Being the parent of an Australian citizen or permanent resident child;
  • Working in a skilled occupation;
  • Being the carer of an Australian citizen who needs care and has been issued a Carer Visa Assessment Certificate (CVAC) which has a minimum impairment rating of 30; and
  • Other specific circumstances outlined in the Positive Personal Procedural Decision (sections 351 and 501J).

Recent Changes to Ministerial Intervention (2025)

There have been major reforms to the Ministerial Intervention process in 2025.

These changes stem from the High Court’s 2023 decision in Davis v Minister for Immigration, which found that departmental officers did not have the power the make  decisions about MI requests, and only the Minister himself has the power to make such decisions.

Following that ruling, the Minister introduced new Ministerial Instructions on 4 September and 17 September 2025, replacing the previous guidelines from 2016. These new rules:

  • Ensure decisions are made only by the Minister, not departmental staff; and
  • Set clear criteria for which cases can be referred to the Minister.

Key Effects of the Changes

  • Any requests lodged before 12 April 2023 will no longer be considered by the Minister unless it was already being considered — they must be resubmitted under the new criteria.
  • Any requests lodged on or after 12 April 2023 but before the new guidelines must meet specific criteria to be eligible for Ministerial consideration.
  • This criteria is listed in the Positive Personal Procedural Decision (sections 351 and 501J). It includes but is not limited to circumstances involving serious health issues that cannot be treated overseas, evidence of skills in a skilled occupation, being the parent of a minor Australian child at the time of the request, and other specific circumstances.

In short, the reform introduces a more objective and transparent framework — but also stricter limits on which circumstances the Minister will consider Ministerial Intervention requests.

What If My Ministerial Intervention Request Was Refused?

If your MI request has recently been refused, you may be able to lodge a new request, but only if your case meets at least one of the criteria under Section 13 of the new Ministerial Intervention Guidelines.

If your circumstances satisfies one of these criteria, it can be referred to the Minister, and the Minister may consider it is in the public interest to intervene and grant a visa. The final decision rests with the Minister, including what type of visa may be appropriate if granted.

How Long Does It Take for the Minister to Decide?

There is no set timeframe for how long a Minister will take to make a decision. Because Ministerial Intervention is entirely at the Minister’s discretion, the decision can take weeks, months, or even longer.

Only a small number of requests are ever referred to the Minister, and even fewer result in an intervention. Processing times vary depending on the complexity of the case and the current workload, and the Minister is under no obligation to make a decision within a specific timeframe.

Do You Need a Lawyer for Ministerial Intervention?

While you are not legally required to have legal representation to lodge an MI request, obtaining legal assistance is highly recommended. 

Here’s why:

  • Ministerial Intervention cases are complex and highly discretionary
  • You must provide detailed evidence of exceptional and compelling circumstances
  • A lawyer can help assess whether your situation qualifies under the new criteria and write submissions to address this
  • Professional representation can improve the clarity and strength of your submission

Given the technical and legal nature of the process, getting help from a migration lawyer can be invaluable in preparing a strong MI request.

Watch the Full Video:

Ministerial Intervention remains a crucial pathway for those with no other legal avenues left after visa refusals and exhausted appeals. While recent reforms have made the process more structured, they’ve also raised the bar for eligibility.

If you’re considering a Ministerial Intervention request or have been refused, it’s vital to understand the current guidelines and how they apply to your case.

If you found this helpful, make sure to explore more insights on the Work Visa Lawyers blog or contact us if you need assistance lodging a Ministerial Intervention request or managing a pending case.

Talk to an Immigration Lawyer

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189 Invitation Round November 2025

189 Invitation Round November 2025

189 Invitation Round November 2025

If you are waiting for news about Australia's skilled migration, the 13 November 2025 invitation round has brought massive updates. The Department of Home Affairs has issued 10,000 invitations for the Subclass 189 Skilled Independent visa.

The government’s clear focus is on fixing the housing shortage. To achieve this, they are making it significantly easier for trade workers to secure a visa, while entry standards for other professionals remain high.

Here is our simple analysis of who won, the surprises, and who missed out.

Current Round: 13 November 2025

You can view the official invitation round data on the Department of Home Affairs website.

Construction Sector

Australia needs to build more houses. Because of this, the Department is inviting Carpenters, Bricklayers, and many other trades with just 65 points.

Some other occupations invited with 65 points were:

  1. Plumber (General) - 65 points
  2. Joiner - 65 points
  3. Electrician (General) - 65 points
  4. Solid Plasterer - 65 points
  5. Wall and Floor Tiler - 65 points

65 points is the minimum score. This means if you are a qualified tradesperson with the right age and English skills, you have a very good chance of being invited.

Health & Education

Healthcare and Education remain vital parts of the migration program. Nurses, Doctors, and Teachers are being invited regularly, though the point requirements are slightly higher than for construction.

Key Health & Education Occupations Invited:

  1. Registered Nurse (Critical Care and Emergency) - 75 points
  2. Registered Nurse (Medical) - 75 points
  3. Early Childhood (Pre-primary School) Teacher - 85 points
  4. Secondary School Teacher - 75 points
  5. Special Needs Teacher - 75 points
  6. Special Education Teachers nec - 75 points
  7. Physiotherapist - 75 points

While there are many invitations in these sectors, there is also more competition. You generally need a competitive score of at least 75 points to secure an invite.

Some others occupations invited

Most invitations went to the major sectors mentioned above, but there were some interesting surprises in this round.

Other notable occupations Invited:

  1. Economist - 85 points
  2. Multimedia Specialist - 90 points
  3. Musician (Instrumental) - 90 points
  4. Marine Biologist - 85 points
  5. Botanist - 85 points
  6. Tennis Coach - 85 points

Tennis Coaches: Surprisingly, Tennis Coaches received invites again. This is the second round this year that Tennis Coaches have been invited, showing that specific niche jobs are sometimes needed unexpectedly.

Who Missed Out

Even though Education is a priority, University Lecturers were not invited in the November 2025 round. The Department is currently focusing on schools for children (Primary and Secondary), rather than universities.

If you are a University Lecturer, the 189 visa may be difficult to secure right now. You should consider other options, such as the Subclass 190 or 491 visas (State Nomination), or employer sponsorship through the 482 or 186 visas.

Other occupations that didn’t receive any invitations were Accountants and Chefs.

Subclass 491: Family Stream

The 491 Family Stream is still small and competitive.

  • Invitations Issued - 300
  • Occupations - 36

This visa is designed to help people with eligible family members living in regional Australia.

When will the next 189 invitation round happen?

Invitation rounds are expected to happen quarterly.

If you did not get an invite, don’t panic. The next 189 visa invitation round is expected to be in February or March.

What You Should Do:

  • Trades - If you have 65 points, submit your Expression of Interest (EOI) now.
  • Professionals - If your job is not on a priority list, try to increase your points. You can improve your English score, add partner points, or gain more work experience.

Need Help?

Visa rules change often. If you are not sure what to do—or if you want to switch from a 189 to a 190 or 491 visa—our team can help you.

Book an Appointment

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4 Ways You Can Lose Your Australian Permanent Residency (And How to Avoid It)

4 Ways You Can Lose Your Australian Permanent Residency (And How to Avoid It)

4 Ways You Can Lose Your Australian Permanent Residency (And How to Avoid It)

Did you know your Australian Permanent Residency (PR) can be cancelled even after it’s been granted?

While many assume that PR status is a permanent guarantee, there are several legal, procedural, and administrative situations that can cause you to lose your residency rights. 

From failing the Character Test to mistakenly applying for the wrong visa type, these pitfalls are more common than you might think — and they can have devastating consequences, especially if you're overseas when they occur.

In this article, we’ll cover the four most common reasons Australian PR is lost, with real-life examples and practical advice on how to avoid these costly mistakes.

Reason 1: Committing a Serious Offence

Your Permanent Residency can be cancelled if you fail the Character Test, especially if you:

  • Receive a 12-month prison sentence (even if suspended)
  • Commit domestic violence
  • Are involved in repeated criminal offences
  • Are convicted of serious driving offences like DUI or dangerous driving

Example:

A PR holder receives a suspended 12-month sentence and still loses their residency — even without serving time.

How to avoid this:

Stay out of legal trouble. If you’re facing charges, seek legal advice immediately.

Reason 2: Applying for a Temporary Visa After Getting PR

Many migrants don’t realise that applying for a temporary visa after receiving Permanent Residency can actually cancel their PR.

This can happen in several situations, including:

  • When a PR holder applies for a temporary visa from outside Australia, or
  • When someone onshore applies for a temporary visa and later applies for a permanent visa (or vice versa), and the temporary visa is granted after the permanent visa.

If the temporary visa is granted after the PR is granted — and the applicant did not withdraw the temporary visa application — the temporary visa will replace the permanent visa and cancel the PR.

This risk applies to visas such as:

Example 1: 

A PR holder offshore applies for a visitor visa to re-enter Australia more easily. When the temporary visa activates, their PR travel facility expires. They are no longer recognised as a permanent resident.

Solution:

If your PR travel facility has expired, always apply for a Resident Return Visa (RRV – subclass 155/157) — not a temporary visa.

Example 2

A person applies for a Student Visa while onshore. A few months later, they receive an invitation for the 190 visa, which is granted quickly — giving them PR.
However, because they did not withdraw their Student Visa application, the Student Visa is granted later and replaces the 190 PR visa, cancelling their permanent residency.

Solution:

After your PR is granted, remember to withdraw any other visa application you have lodged.

Contact us if you need help applying for a Resident Return Visa or understanding your PR conditions.

Reason 3: Spending Too Long Outside Australia

Your PR comes with a 5-year travel facility. If you stay outside Australia for too long and lose strong ties to the country, you may not be able to re-enter.

Example:

A PR holder works overseas for 7 years with minimal ties to Australia. Their Resident Return Visa is refused. They cannot return as a permanent resident.

How to avoid this:

  • Travel back to Australia at least every 5 years
  • Maintain strong connections (property, work, family) to Australia

Reason 4: Not Entering Australia by Your First Entry Date

If you were granted PR offshore, your visa includes a first entry date.

If you don’t enter by that date, your PR may become invalid — even before you’ve had a chance to move.

Solution:

Make a short trip to Australia before the first entry date to activate your PR.

Don’t Risk Losing Your PR

Many people make avoidable mistakes that lead to losing their Australian Permanent Residency. If you take the right steps and stay informed, most of these issues can be prevented.

If you’re facing criminal charges, visa complications, or have spent extended time overseas, get legal advice as early as possible.

Watch the Full Video:

In this video, we go deeper into each reason with visual examples and what steps to take next.

Need Help With Your PR Status?

Book a consultation for expert legal help on visas, PR, and citizenship matters.

Book an Appointment

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South Australia Opens 190 and 491 Visa Programs for 2025–26

South Australia Opens 190 and 491 Visa Programs for 2025–26

South Australia Opens 190 and 491 Visa Programs for 2025–26

South Australia (SA) has officially opened applications for the Skilled Nominated (subclass 190) and Skilled Work Regional (subclass 491) visas and released its updated criteria on the Move to SA website.

For the 2025–26 program, including interim allocations, South Australia has received:

 

 SA State Allocation 2025-26 
 Visa  Places
 190 Visa 1,350 
 491 Visa 900 

 

This year brings one of the biggest changes in recent years:

  • SA has removed 71 onshore occupations from the skilled list
  • Reducing the number of eligible onshore occupations from 464 last year to just 393 this year
  • There are 278 offshore occupations available

Combined with significant allocation cuts, the 2025–26 program will be far more competitive than previous years.
With a 41% overall cut, South Australia now faces the largest reduction in nomination places across the country.

If you work in construction, health, teaching or have a high salary, you may have a better chance of being invited by SA.

South Australia Skilled Migration Streams

South Australia continues to operate four key nomination streams:

  1. South Australian Graduates
  2. Skilled Employment in South Australia
  3. Outer Regional Skilled Employment
  4. Offshore

The eligibility and competitiveness within each stream have shifted significantly, and it will be more difficult to receive a nomination.

Onshore Applicants: ROI Required

Onshore applicants must now submit a Registration of Interest (ROI).
SA will consider a mix of factors from your ROI when deciding whether to invite you for nomination.

Key assessment factors include:

  • English language level
  • Years of skilled experience
  • Skills and qualification level
  • Salary level
  • Employer assessment (for those employed in SA)

Tip: For onshore applicants, points do not matter.

Minimum Work Requirement – SA Onshore Applicants

All onshore applicants must be working at least 30 hours per week for a set period based on their stream.
This means most international students will not be eligible, as student visa work rights limit them to 24 hours per week or 48 hours per fortnight.

Occupations – 491 Visa Only (Not Eligible for 190)

A significant number of occupations have shifted to the 491 visa only, reducing access to the 190 visa pathway.

Examples include:

  • Accountant
  • Dentist
  • Motor Mechanic
  • Marketing Specialist

Occupations No Longer Eligible for the SA Graduate Stream

  • Chefs
  • Cooks
  • Cafe or Restaurant Managers
  • Enrolled Nurses

Occupations Keeping 190 or 491 Options

Despite the major reductions, some high-priority occupations still retain 190 eligibility, including:

  • Engineers
  • Teachers
  • Registered Nurses

These align with South Australia’s priority industry needs.

South Australia Priority Sectors for 2025–26

The state will prioritise applicants in:

  • Building and Construction
  • Defence
  • Education
  • Engineering
  • Health
  • Manufacturing

Applicants in these sectors may remain competitive for 190 nominations, depending on experience, English level and employment arrangements.

Offshore Applicants: No ROI Required

Offshore applicants do not need to submit an ROI.
Invitations will be issued directly from SkillSelect based on your EOI.

For offshore candidates, the primary assessment factors remain:

  • Your occupation
  • Points score
  • Competitiveness within your occupation group

Not all occupations have offshore pathways. Some are onshore-only, and others are 491 only.

Tip: Points matter for offshore applicants.

Numbers and Competition

Last year (2024–25), South Australia had about 60,000 EOIs and ROIs for only 3,800 places. This means the chance of getting an invite was very low — about 6.33%.

This year (2025–26), if there are still around 60,000 applications but only 2,250 places, the chance of getting invited will be even lower — around 3.75%.

Tip: If you are not receiving an invitation, consider other visa options such as employer-sponsored visas (482 visa, 186 visa, 494 visa or DAMA) or a partner visa if you have an Australian partner.

What These Changes Mean for Applicants

  • Expect fewer invitations overall
  • Many occupations will now only access the 491 visa
  • SA employment is becoming a key factor
  • Offshore candidates will likely need high points to stay competitive
  • Some occupations require SA employment even for Graduate pathways
  • Employer sponsorship pathways (482 → 186) may be more reliable

If you intend to apply through South Australia, early planning and strategy are more important than ever.

You can book an appointment with one of our migration agents or immigration lawyers.

Book an Appointment

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