ACT Skilled Migration Nomination Requirements (190 and 491 visa)

ACT Skilled Migration Nomination Requirements (190 and 491 visa)

ACT Government has recently announced new changes to their nomination process. As you would know, COVID-19 has drastically changed the migration policy for the 2020-21 year. For this financial year, the Australia Government’s main aim is to support Australia’s economy and public health. As such, the ACT Government will focus its given nomination quota on applicants who are critical in supporting the COVID-19 response.

Brief Overview
  • Canberra Matrix is closed for overseas applicants.
  • 2020-21 ranking and selection process will be focused on Canberra residents with skills that are essential to supporting ACT’s post- pandemic economy response.
  • The number of ACT nomination places on the ACT Critical Skills List may be capped. ACT may not issue invitations when it has reached the monthly quota.
  Subclass 491 – Canberra Resident Eligibility

You must meet the following criteria before you apply for the nomination:

  • Resided in Canberra for at least 3 months
  • One of the following:
    • Nominated occupation is on the ACT Critical Skills List (May 2021), OR
    • A primary holder of a subclass 457/482 visa sponsored by an ACT employer:
      • You have worked in Canberra for the sponsor for at least 3 months
      • The visa must have a minimum of 12 months validity at time of nomination application.
    • Must be working for an ACT employer in Canberra for at least 3 months (must be paid employment, and for a minimum of 20 hours per week).
Subclass 190 – Canberra Resident Eligibility

You must meet the following criteria before you apply for the nomination:

  • Resided in Canberra for at least 6 months
  • One of the following:
    • Nominated occupation is on the ACT Critical Skills List, OR
    • A primary holder of a subclass 457/482 visa sponsored by an ACT employer:
      • You have worked in Canberra for the sponsor for at least 6 months
      • The visa must have a minimum of 12 months validity at time of nomination application.
    • Must be working for an ACT employer in Canberra for at least 6 months (must be paid employment, and for a minimum of 35 hours per week).
ACT Critical Skills List

You can find the ACT Critical Skills List here.

PhD Graduate

ACT has a streamlined process for PhD graduate from an ACT university. To be eligible, you must lived in Canberra for at least 12 months at the time of invitation and completed a PhD at an ACT university.

Related:

Canberra Matrix scoring – Canberra residents

The Canberra Matrix is completed for both ACT 491 nomination and ACT 190 nomination. If you are invited to apply for ACT nomination, your supporting documents must prove any Matrix score claimed.

CANBERRA RESIDENT
CATEGORY OPTION POINTS
LENGTH OF Current ACT residence

How long have you lived in Canberra in the last eight years?

·      Your bank statements must evidence your date of arrival and the claimed period of residence in Canberra.

·      You must record any period away from Canberra (seven days or more) in the ‘Summary of ACT residence’ at Attachment D.

·      Your claimed period of ACT residence does not have to be continuous.

·      You may have holidays away from Canberra for a maximum of six weeks in any year without it affecting your claim for a year of residence

·      You can study interstate for one or two days a week. However, if you studied more than two days (one night) a week interstate, you will not be considered an ACT resident for that period.

·      You cannot claim ACT residency for any period that you lived or worked interstate or overseas.

·      You can live in NSW if you are within a 30 minute commute to where you work in Canberra e.g., Queanbeyan.

Five years plus.

Four to five years.

Three to four years.

Two to three years.

One to two years.

Less than one year.

25

20

15

10

5

0

English proficiency

What is your English proficiency level as defined by Home Affairs

 

You must meet the Home Affairs requirement for the level of English claimed.

Superior.

Proficient.

Competent.

15

10

0

Spouse/partner English proficiency

What is your spouse/partner’s English proficiency?

 

They must meet the Home Affairs requirement for the level of English claimed or hold an Australian passport.

Superior/proficient.

Competent.

Not Applicable.

5

0

0
Nominated Occupation

Is your nominated occupation on the ACT Critical Skills List?

Your nominated occupation is ON the ACT Critical Skills List.

Your nominated occupation is NOT on the ACT Critical Skills List.

20

 

0

Small business owner

Are you the majority owner (at least 51%) of a registered business actively operating in the ACT?  You must meet the following minimum criteria:

·      The business activity must be located in the ACT. Interstate / overseas business activity is not accepted.

·      Your business must have a minimum turnover of $200,000 per annum (or pro-rata).

·      Your business must be profitable.

·      Your business must be paying you the following taxable income immediately before date of Matrix submission: 

–        190 nomination: at least $26,000 for six months.

–        491 nomination: at least $13,000 for three months.

·      You must employ at least one Australian citizen, permanent resident or New Zealand citizen for at least 13 weeks (minimum 20 hrs pw).

–   You may employ one or more employees. The employment does not have to be continuous.  The employment cannot be concurrent.

–   The employment must be in accordance with Australian legislation.

–   The employee/s must be resident in Canberra.

 

 

 

 

 

Your business has actively traded in Canberra for at least twelve months from the date established or purchased.

 

Your business has actively traded in Canberra for at least six months from the date established or purchased.

 

Not applicable

 

 

 

 

 

 

 

20

 

 

10

 

 

0

Length of ACT employment

How long have you worked for an ACT employer in Canberra in the two years immediately before the date of Matrix submission?

·      You may be working in any occupation. The employment does not have to be continuous.

·      While the employment does not have to be fulltime or permanent, you must be working a minimum 20 hours per week for each week that you claim towards the period of employment.

·      You may work for more than one ACT employer,  be self-employed on an ABN or operate a small business.

·      If you are claiming any period of self-employment:

–      Your taxable weekly income must exceed $520 for each week of employment claimed in the last two years.

 

 

Employed for 12 months plus.

 

 

10

 

Employed for six to 12 months.

 

5

 

Not applicable.

 

0

ACT employment – skill level

Are you currently working in Canberra in a highly skilled position? You must meet the minimum criteria below:

·      You must be working a minimum 20 hours per week for the last three months immediately before date of Matrix submission.

·      The employment must be continuous. Unpaid leave does not meet this criterion.

·      You may work for more than one ACT employer, operate a small business and or be self-employed. You must be working in the same occupation and at the same skill level.

·      Taxable income:

–        Employee: no less than $26 per hour (excluding casual loading).

–        Small Business owner: minimum $13,000  income for last three months .

–        Self-employment on an ABN: minimum $520 per week.

·      You must have a tertiary qualification relevant to your occupation. Your qualification must be dated before you commenced employment. A RPL certificate is not recognised as a tertiary qualification.

–      Any employment claimed must be recorded on your SkillSelect EOI.

1.      You are working in your nominated occupation which is on the current ACT Critical Skills List. Your occupation must be recorded as ‘related’ to the nominated occupation’ on your SkillSelect EOI.

2.      You are the primary holder of a subclass 457 / 482 visa and you are working for the ACT employer who sponsored your visa. Your occupation must be recorded as ‘related’ to the nominated occupation’ on your SkillSelect EOI.

3.      You are working in an occupation that is on the current ACT Critical Skills List; but it is not your nominated occupation.

4.      You are working in an occupation that has an ANZSCO skill level 1 to 3.

5.   Not applicable.

 

20

 

 

 

 

 

15

 

 

 

 

 

 

 

10

 

 

5

 

0

Spouse/partner employment

Is your spouse / partner currently working in the ACT or surrounding ‘commuter’ region? They must meet the minimum criteria below:

·           They must be working a minimum 20 hours per week for the three months immediately before the date of Matrix submission.

·           Their employment must be continuous.

·           Any period of unpaid leave cannot be counted towards the three months employment criteria.

·           They must meet the Home Affairs requirement for ‘competent’ English or hold an Australian passport.

·           They may work for more than one employer and / or be self-employed.

·           Their employer must provide a Statutory Declaration confirming their employment.  See Attachment E.

·           If they are self-employed on an ABN:

×     Their taxable weekly income exceeds $520 for each week of employment claimed; and

×     Their business has been actively operating in Canberra for at least 12 months.

 

1.      They are working in an occupation on the ACT Critical Skills List. They must have a skill assessment relevant to their current employment. Their taxable income must be no less than $26 per hour (excluding casual loading).

 

 

15

2.      They have a current skill assessment, and it is relevant to their current ACT employment. Their taxable income must be no less than $26 per hour (excl casual loading).

 

10
3.      They are currently working in any occupation, at any skill level, in Canberra.

 

5
4.      They do not meet the three months employment criterion, but they have:

·      A tertiary qualification
(3 year trade, or a Bachelors, Masters or PhD) from an Australian institution in any occupation; and

·      ‘competent’ English or an Australian passport.

 

 

5

5.      Not applicable. 0
terTiary Qualification

What tertiary qualification do you hold from an Australian or international educational institution?

 

Your selected qualification must be recorded on your Home Affairs SkillSelect EOI

 

Doctoral degree

 

Master’s degree

 

Bachelor’s degree or trade certificate

 

Diploma qualification/s

(2 years full time study)

 

Not applicable

20

 

15

 

 

10

 

 

5

 

 

0

years of study at an ACT Tertiary Institution.

For how many years did you study fulltime to complete a CRICOS* registered course and / or attend a Professional Year (PY) program at an ACT institution in the last eight years?

·      You must have a letter of course completion to evidence the claimed period of study. 

·      You must be resident in Canberra during your claimed period of study.

·      Distance education or online attendance is not accepted.

·      A PY undertaken in the ACT meets the one-year study criteria.

·      Two or more courses, including a PY, may be counted to evidence the period of ACT study.

·      The courses cannot be concurrent.

·      The courses do not have to be continuous.

CRICOS* – Commonwealth Register of Institutions and Courses for Overseas Students.

 

Four years or more of study.

 

Three years of study.

 

Two years of study.

 

One year of study.

 

Not applicable.

 

20

 

15

 

10

 

5

 

0

Close family ties

Do you have a close family member who has lived in Canberra for the last two years?

A close family member is defined as a spouse/ partner, parent, child, brother, sister or grandparent of the main applicant or their spouse/ partner.

Australian citizen/permanent resident spouse/partner, child.

Australian citizen/permanent resident parent, grandparent, brother, sister.

Not applicable.

20

 

10

 

0

Assets in Canberra

You (and a spouse/partner if applicable) have invested at least $250,000 cash to purchase a residential or commercial property in Canberra (purchase of land only does not meet this criteria)

 

Minimum $250,000 cash investment in ACT residential or commercial property.

 

Not applicable

 

5

 

 

0

 

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