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Subclass 494 DAMA Visa Granted for Over-45 Nurse with Age and English Exemptions

Visa TypeSubclass 494
CategoryEmployer Sponsored

Case Summary

A nurse over 45 with limited English proficiency — blocked from standard employer sponsorship pathways — successfully obtained a Subclass 494 visa for the entire family through the DAMA scheme, gaining exemptions for both age and English requirements with just three weeks to spare before visa expiry.

Background

The applicant had previously held a managerial role in her home country before resigning to pursue nursing qualifications in Australia on a student visa, while working in aged care. She was over 45 and had limited English proficiency. With only 10 months remaining on her visa and having already used two 408 visas, standard skilled migration pathways were unavailable. Her husband, a graphic designer, and two school-age children were part of the family migration plan.

Challenges

  • Over 45 years of age — beyond the standard eligibility threshold for most employer-sponsored pathways
  • Insufficient English proficiency to meet standard visa requirements
  • Only 10 months remaining on visa and no further 408 visa options available
  • Employer had no prior sponsorship experience, requiring extensive guidance on obligations and documentation
  • Eldest child turned 18 during the process, requiring prompt advice on maintaining dependent eligibility

How We Helped

We identified the DAMA (Designated Area Migration Agreement) scheme as the viable pathway, offering potential exemptions for both age and English. We facilitated discussions with the employer — who had no prior sponsorship experience — explaining the DAMA process and securing their agreement over four to five dedicated meetings. We guided the employer through all sponsorship documentation over a four-month preparation period. When we discovered the state government's initial DAMA endorsement had omitted the age exemption clause, we acted swiftly during the Christmas holiday period to contact the relevant authority and secured corrected documentation by late January 2023. We also advised the eldest child to continue studying to preserve dependent eligibility. The 494 application was lodged just three weeks before the applicant's visa expired.

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Key Success Factors

  • Identification of DAMA as the only viable pathway addressing both the over-45 age and English proficiency barriers simultaneously
  • Patient employer engagement over multiple sessions to bring a first-time sponsor to readiness
  • Swift response during the holiday period to correct the missing age exemption clause in the endorsement documentation
  • Timely advice on maintaining the eldest child's dependent eligibility with only weeks to spare
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Outcome

Five months after lodgement, the entire family received their 494 visa grants with both age and English requirement exemptions in effect. The application was lodged just three weeks before the applicant's visa was due to expire, demonstrating the value of rapid and decisive action when timelines are critically tight.

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