ACT Skilled Nominated Visa Subclass 190

Description:

Before applying for Australian Capital Territory (ACT) nomination of a Skilled Nominated (subclass 190) visa, you must complete the Department of Home Affairs (Home Affairs) SKILLSELECT and meet the Home Affairs points test for a subclass 190 visa.

ACT nomination of a Skilled Nominated (subclass 190) visa is a two stage process:

1. You must formally express an interest in applying for ACT 190 nomination by completing a score-based ‘Canberra Matrix’ where you are allocated points against demonstrated economic contribution or benefit and/or a genuine commitment to be part of the ACT community. The highest ranked candidates under the scoring system will then be selected and invited to apply for ACT 190 nomination. 

2. If you are invited to apply for ACT 190 nomination, you must complete and submit the online application (and pay the service fee) within 14 days. You must attach the required documents to evidence eligibility and your Matrix score at the date of Matrix submission. If you are not eligible, or you cannot evidence the Matrix score that the invitation was based on, the application for ACT 190 nomination will not meet the nomination criteria.

You must read the ACT 190 nomination guidelines carefully to ensure that you are eligible to complete the Canberra Matrix. If you are invited to apply for ACT 190 nomination, you must provide evidence to support all Matrix points claimed. Claims must be true at the date of Matrix submission.

Submit an Expression of Interest (EOI) with Home Affairs SkillSelect.

You must:

• submit an Expression of Interest (EOI) to migrate to Australia through Home Affairs SkillSelect.
• select the ACT as your preferred location to live in Australia.
• have the minimum points prescribed by Home Affairs.

If you are invited to apply for ACT 190 nomination, and your application is approved, your SkillSelect EOI will be confirmed and Home Affairs will automatically issue the visa invitation. You will be unable to update the SkillSelect EOI once ACT 190 nomination is confirmed.

You will then have 60 days to apply for the skilled migration visa. ACT 190 nomination does not guarantee that the skilled migration visa will be granted.

Please note: The ACT will only provide one nomination place per approved applicant. If you make an error, a new SkillSelect EOI will not be confirmed. You will need to complete a new Canberra Matrix and wait for an invitation; understanding that an invitation is not guaranteed as it will depend on where your new Matrix is ranked.

Check your eligibility for ACT 190 nomination

Canberra resident 190 – you must meet the following criteria before you are eligible to submit a Canberra Matrix for ACT nomination of a Skilled Nominated (permanent) subclass 190 visa:

• You must be residing in Canberra for at least six months immediately before the date of Matrix submission and continuing until date of any invitation. Residence is defined as living and settled in Canberra. Visiting Canberra for short periods does not meet the residence criteria.
• You must meet one of the following three criterion:

1. Your nominated occupation is open on the ACT Occupation List at date of Matrix submission.
   • Occupation caveats: certain open occupations on the ACT Occupation List have an employment caveat. If you do not comply with a caveat e.g. have an employment contract valid for at least one year at date of Matrix submission, the occupation is deemed to be closed and you are not eligible to complete a 190 Matrix.

OR

1. You are the primary holder of a subclass 457/482 visa sponsored by an ACT employer:
   • You have worked in Canberra for the sponsoring ACT employer for at least six months.
     • The nominated occupation may be open or closed on the ACT occupation
     • The 457/482 visa must have a minimum 12 months validity at date of Matrix submission.

OR

1. You have at least five years continuous ACT residence immediately before the date of matrix submission and continuing until date of invitation. You may be working in any occupation. Your nominated occupation may be open or closed on the ACT occupation List.

• You may have interstate or overseas holidays for a maximum of six weeks in any one year period without it affecting a claim for continuous ACT residence.
• You must attach a copy of your ‘International Movement Record’ from Home Affairs.
• You must be working fulltime in Canberra for at least six months at date of matrix submission:
  • You must be working a minimum of 35 hours per week for the 26 weeks immediately before date of Matrix submission. While the employment does not have to be permanent, it must be continuous. Paid annual or personal leave meets the employment criteria. Any claim for unpaid leave (including maternity leave) must be evidenced by a valid medical certificate.
  • You must be in paid employment. Internships, stipends, scholarships and volunteer positions are not considered employment for this criterion.
  • Your employer must be actively operating in the ACT for at least one The terms and conditions of employment must be in accordance with Australian legislation. Your taxable income must not be less than the relevant award or market salary rate.
  • You may work for more than one ACT employer and / or be self- employed. If you are self-employed on an ABN, you must have at least 12 months ACT business activity at date of Matrix submission. Your taxable income must be at least $1000 pw for each week of the employment period claimed.
  • If you are employed by a NSW employer in the ‘ACT Region’, you must demonstrate that your work activity is solely located in the ACT.
• If you are nominating an ANZSCO Major Occupation Group 1 (Managers) or Group 2 (Professionals) occupation, you must have a current English test result that meets the Home Affairs level of ‘proficient’ or ‘superior’ English.

• If you are including a spouse/partner and/or children in your application and they are in Australia, they must have lived in Canberra for at least six months immediately before the date of Matrix submission. If they are not living in Canberra, you must attach evidence of their location.
  • If you wish to claim Matrix points for a spouse/partner, you must evidence the relationship at date of matrix submission: either a marriage certificate, civil partnership/union registration, or VEVO (Visa Entitlement Verification Online) secondary applicant status for yourself or spouse/partner.
• If you wish to claim Matrix points in the spouse/partner employment category, your spouse/partner must have a current English test result with a competent or higher level of English; or hold an Australian or valid passport as defined by Home Affairs.
• You must sign a Statutory Declaration committing to continuing to live and work in Canberra for at least two years from date of visa grant (see Attachment A).

Please note: You are not eligible for ACT nomination if you, your spouse/partner or children are living or working in another Australian state or territory.

Overseas applicants

Overseas applicant 190 – You must meet the following eligibility criteria before you can complete the Canberra Matrix for ACT nomination of a Skilled Nominated (permanent) subclass 190 visa:

• You must meet one of the following two criterion:
  1. A minimum one year ACT employment contract in an open nominated occupation. The employment must be with a medium to large enterprise (50 plus employees) located in the ACT; or a paid employment contract for an academic appointment at an ACT tertiary institution. Stipends, scholarships and internships do not meet this criteria

Or

1. At least five years previous ACT residence within the last eight years. The ACT residence must be continuous up until the date of departure from Australia. Your nominated occupation may be open or closed on the ACT occupation List.

• You may have travelled interstate or overseas for a maximum of six weeks in any one year period without it affecting a claim for continuous ACT residence.
• You must attach a copy of your ‘International Movement Record’ from Home Affairs.
• You have a current English test result that meets the Home Affairs level of
• ‘proficient’ or ‘superior’ English.
• You must be currently employed full time. Your skills and at least 12 months continuous experience (within the last three years) in the nominated occupation must be relevant to the ACT economy. Experience in heavy industry, manufacturing, production, mining, shipping, oil/gas, head office banking and railways for example, are not generally considered relevant industries given the structure of the ACT economy, which is primarily knowledge-based.
• You must provide evidence of research into sufficient ACT employment opportunities in your nominated occupation, relevant to your skill set and experience 
• If you are claiming Matrix points for a spouse/partner, you must evidence the relationship at date of matrix submission: marriage certificate or civil partnership/union registration.
• If you are claiming points in the spouse / partner employment category, your spouse / partner must hold a valid English test result at a minimum level of ‘competent’ English; or hold an Australian or a valid passport as defined by Home Affairs.
• You must sign a statutory declaration committing to living and working in Canberra for at least two years from date of arrival in Australia .
• You must have access to sufficient financial assets to fund your migration and settlement in Canberra while you seek employment. You need to be realistic about employment expectations once you arrive in Canberra as it can take, on average, up to six months to secure employment. This timeframe is only indicative, as the economy and employment market can vary considerably throughout the year.
• You and/or any dependents must not be the holder of a current Australian visa (or bridging visa), except an Australian visitor visa.
• You must be overseas at date of Matrix submission and, if ranked and invited to apply for ACT nomination, you must be overseas at date of application for ACT nomination.

Please note: You are not eligible for ACT 190 nomination if you, your spouse/partner or children are living or have lived in another Australian state or territory within the last twelve months at date of matrix submission.

 Fees:

The ACT charges a service fee for processing applications as shown below in Australian dollars. 

These fees are not refundable – please ensure you meet the ACT’s eligibility requirements and have included all supporting documentation with your application to avoid disappointment.

ACT nomination – Skilled visa

Application for ACT nomination of a Skilled Nominated (subclass 190) visa: $300

RCB support – Employer Nomination

Application for Regional Certifying Body (RCB) support of an employer nomination: $300

ACT nomination – Business Skills visa

Application for ACT nomination of a Business Talent (permanent) (subcass 132) visa: $1,100
Application for ACT nomination of a Business Innovation and Investment (provisional) (subclass 188) visa: $600
Application for ACT nomination o f Business Innovation and Investment (permanent) (subclass 888) visa: $1,100

Guidelines:

Application:

Address:

Small Business and Skills
Chief Minister, Treasury and Economic Development Directorate
ACT Government
GPO Box 158 Canberra ACT 2601
+61 2 6207 5111