Can a DAMA Salary Concession Be Used With Older Job Advertisements?

If you are researching DAMA salary concession old advertisements, the safest starting point is the exact legal criterion, the date on which it must be satisfied and the documents that prove the underlying facts. Similar-looking cases can produce different outcomes when the visa history, sponsor, relationship, work period, decision date or evidence changes.

This guide addresses the practical question behind Can a DAMA Salary Concession Be Used With Older Job Advertisements?. It is written for people who want to understand the issue before lodging, responding to Home Affairs or deciding on a review strategy.

The scenario

An NT employer obtained DAR endorsement and a DAMA labour agreement in July 2025 using a proposed AUD74,000 salary and earlier advertisements showing AUD68,000 to AUD75,000. After the income threshold increased, the employer asks whether it can nominate at AUD78,000 using those advertisements even though no concession was requested in the endorsement. A later participant asks whether a South-West DAMA market salary below its 90% threshold concession is permissible.

The search question is straightforward: A DAMA employer wants to know which salary threshold applies at nomination, how the reduced threshold interacts with AMSR and whether older lower-salary advertisements can still support LMT. The legal assessment is more precise. It must separate practical strategy from what the Migration Act, Migration Regulations and current instruments actually require.

Short answer on DAMA salary concession old advertisements

Apply the threshold in force when the nomination is lodged, not the amount current when endorsement or the labour agreement was approved.

That answer should not be converted into an automatic yes or no. First identify the applicable visa stream or proceeding. Then identify the critical time for each criterion. Finally, test the evidence against the wording in force at that time. A Department webpage can help explain the process, but it does not replace the legislation.

Current legal and policy position

From 1 July 2026 the published CSIT and TSMIT are AUD79,423. Current NT guidance states that an available salary concession may reduce the threshold to 85%, published as AUD67,510, but the employer must still pay at least the market salary; the required annual earnings are therefore the higher of the applicable reduced threshold and the AMSR.

A concession must be available for the occupation and supported by the DAR endorsement and complete executed agreement. The quoted Schedule 5 extract does not resolve whether an employer that did not seek the concession can invoke it; obtain written MigrationNT confirmation or a variation rather than assuming.

Treat the advertising issue separately. Where section 140GBA and LIN 18/036 apply, ordinary LMT must fall within the four months ending on nomination lodgement, accept applications for at least four weeks, use the prescribed channels and state salary where intended annual earnings are below AUD96,400.

LIN 18/036 does not expressly require the advertised figure to equal a later higher offer, but advertisements capped below the actual AUD78,000 offer create an evidentiary inconsistency and may not demonstrate a genuine test of the position on its real terms. Check dates, channels, duration, content, results, any redundancies and the separate labour-agreement and DAR requirements; fresh advertising at the actual current remuneration is the safer course if any element is stale or inconsistent.

For a current nomination, AUD78,000 is below the full 2026-27 threshold and works only if the applicable concession is valid and the amount is also at least the properly determined AMSR.

These points must be read together. Migration rules often divide requirements between application, nomination, invitation and decision stages. A fact that is helpful at one stage may not satisfy a different criterion. Likewise, lawful status or work rights do not necessarily establish eligibility for another visa pathway.

Policy and operational guidance can explain how Home Affairs is likely to administer a provision. However, policy cannot create a requirement that is absent from the legislation, and it cannot waive a requirement that the legislation makes mandatory. Where legislation, policy and general commentary differ, the current law and binding instruments must lead the analysis.

For an overview of the broader pathway, see the VisaTasker subclass 482 Skills in Demand guide.

What to check before lodging or responding

1. Identify the exact pathway. Confirm the visa subclass, stream, nomination, sponsorship, review or bridging-visa process involved. Do not assume that rules from a similarly named stream apply.
2. Fix the critical dates. Record visa grants and expiries, nomination approvals, employment periods, invitations, applications, decisions and notification dates. Many errors start with the wrong date.
3. Read every element of the criterion. Break the provision into separate requirements and allocate evidence to each one. A strong document for one element cannot cure a missing element elsewhere.
4. Reconcile the history. Compare the proposed case with every earlier form, statement, nomination, application and Department record. Explain genuine changes instead of allowing an unexplained inconsistency to remain.
5. Check current instruments and guidance. Lists, thresholds, occupations, concessions, forms and procedural instructions can change. Use the version that applies to the relevant event.
6. Plan for the decision stage. Consider what must remain true after lodgement, what changes must be notified and what evidence may expire while the application is pending.

Evidence checklist

The following is a starting checklist for an Employer Sponsored 482 matter. The actual file should be tailored to the statutory criteria and the applicant’s circumstances.

• The sponsor approval, nomination history and all current visa grant notices
• A position description mapped accurately to the nominated occupation and actual duties
• Labour-market testing, annual market salary rate and employment-contract evidence where required
• Qualifications, registrations, licences and employment references for the nominee
• Business financial, organisational and operational records supporting the position
• A chronology identifying any employer, occupation, location, salary or visa changes

Documents should be contemporaneous where possible. If evidence was created later, explain when, why and by whom it was prepared. Translations, names, dates and document versions should be checked before upload.

Common mistakes to avoid

• Treating a checklist, general commentary or past approval as a substitute for the current legislation
• Assuming that one favourable fact automatically satisfies every criterion
• Ignoring whether a requirement applies at application, invitation, nomination or decision
• Using inconsistent dates, duties, relationships, funding explanations or visa histories
• Confusing lawful work permission with sponsored employment that counts for a separate visa pathway
• Lodging before the sponsor, nomination, salary, occupation and business evidence align

Avoid lodging merely to secure a place in a queue when a threshold issue has not been checked. A refusal, invalid application or failed nomination can create cost, status and review consequences that are much harder to repair later.

Frequently asked questions

Can a DAMA Salary Concession Be Used With Older Job Advertisements?

The outcome depends on the complete facts, the relevant date and whether every applicable criterion is met. The short answer above should be applied to the actual visa, sponsorship, nomination, review and evidence history.

Can one favourable document or fact guarantee the outcome?

No. Migration decisions usually involve several cumulative criteria. Sponsorship, funding, employment, a relationship document, a skills assessment or a pending review may be important without being sufficient on its own.

What if the circumstances change after lodgement?

Review the change immediately. It may need to be notified to Home Affairs, the ART or another decision-maker. It may also affect sponsorship, nomination, visa status, work rights, family composition, available evidence or whether a criterion remains satisfied.

Can older guidance be relied on without checking for updates?

No. Legislation, instruments, Department guidance and tribunal arrangements change. The position must be checked against the law and facts that apply when the applicant acts.

Key takeaway

For DAMA salary concession old advertisements, begin with the current primary law, not a shortcut. Build a reliable chronology, identify the critical criteria and prepare evidence that matches the real circumstances. Where the summary above identifies a qualification or risk, deal with it before lodgement rather than assuming it can be fixed later.

This article provides general information as at 29 July 2026. It is not legal or migration advice for any particular person. Australian migration outcomes depend on the complete facts and the law in force at the relevant time.