ACT 491 / 190 Nomination Guidelines January 2021

ACT 491 / 190 Nomination Guidelines

The Australian Capital Territory (ACT) offers Territory nomination to Canberra Residents under the following skilled migration streams:

• Skilled Work Regional (provisional) subclass 491 visa.

• Skilled Nominated (permanent) subclass 190 visa.

Before applying for ACT nomination, you must complete the Department of Home Affairs (Home Affairs) SKILLSELECT and meet the Home Affairs points test (currently 65 points).

Applying for ACT nomination is a two stage process:

You must formally express an interest in applying for ACT 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. You can select either ACT 491 nomination or ACT 190 nomination. The highest ranked candidates in each stream will then be selected and invited to apply for ACT nomination. There is not guarantee that your Matrix score will be ranked as the demand for ACT nomination far exceeds the number of nomination places available each year.
If you are invited to apply for ACT 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 your eligibility and Matrix score claimed at the date of Matrix submission.

You must read the ACT nomination guidelines carefully to ensure that you are eligible to complete the Canberra Matrix for ACT 491 / 190 nomination. If you are invited to apply for ACT nomination, your supporting documentation must evidence your eligibility and Matrix score claimed at the date you submitted the Matrix.

Part ONE

ACT nomination priorities

The Australian Government’s priority for migration in 2020-21 is supporting Australia’s economic and public health response to, and recovery from, the COVID-19 pandemic. This includes an emphasis on migrants who will make productive investments in Australia, create jobs for Australians, provide critical health and medical skills, and support economic productivity.

Under the Territory Migration Agreement, the ACT is allocated a fixed number of nominations each year. The Australian Government has directed that nominations provided to states and territories are focused on applicants critical to supporting the effort in response to COVID-19 pandemic. This includes individuals providing critical or specialist medical services, with critical skills required to maintain the supply of essential goods and services; and those who deliver services in sectors critical to Australia’s economic recovery. See ACT Critical Skills List January 2021.

ACT Nomination Guidelines

These guidelines explain how to express interest in applying for ACT nomination by completing a score-based ‘Canberra Matrix’. The Matrix allocates points against demonstrated economic contribution or benefit, English proficiency, formal qualifications, length of ACT residence/study, investment activity and close family ties. All Matrix scores are then ranked with the highest-ranked candidates invited to apply for ACT nomination.

Please note: You must read the ACT nomination guidelines carefully. You must meet the eligibility criteria before you complete the Canberra Matrix. If you are invited to apply for ACT nomination, your supporting documents must evidence your eligibility and all Matrix points claimed at the date of Matrix submission.

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

Before completing the Canberra Matrix, you must be eligible to apply for a skilled migration visa to Australia. You must submit an Expression of Interest (EOI) to migrate to Australia through the Department of Home Affairs SkillSelect. You must:

Have a suitable skill assessment in your nominated occupation and meet the Home Affairs points test (currently 65 points).
Select the ACT as your preferred location to live in Australia. If the ACT is not selected, you will not meet the genuine commitment criteria for ACT nomination.
Meet the Home Affairs criteria at the date of ACT nomination decision. The ACT is unable to nominate an applicant who does not meet the age criteria, has an expired skill assessment or English test result.

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

Only one ACT nomination place is offered per applicant. We will not confirm a new SkillSelect EOI if you made an error and/or are unable to apply for the visa.

Choose an ACT nomination pathway – provisional 491 or permanent 190

The ACT offers nomination under the following State / Territory nominated skilled migration streams:

Skilled Work Regional (provisional) subclass 491 visas.
Skilled Nominated (permanent) subclass 190 visas.

You must meet the eligibility criteria for ACT 491 nomination or ACT 190 nomination before you can complete the Canberra Matrix:

Canberra resident:
Eligibility criteria – ACT 491 nomination or ACT 190 nomination
Canberra Matrix 491 / 190 scoring table
Overseas applicant: The Canberra Matrix is currently closed to overseas applicants.

How to complete the Canberra Matrix

Migration agents acting on behalf of a client must register and create an ACT agents account. The Canberra Matrix can be accessed from the ACT agent portal.
Individual candidates not using a migration agent are not required to create an account. The Canberra Matrix can be accessed at the Canberra Your Future

Before you complete the Canberra Matrix:

Read the nomination guidelines carefully and make sure that you are eligible to complete the Matrix.

Completing the Canberra Matrix:

Enter your personal information.
Select either ACT 491 nomination or ACT 190 nomination.
Select Canberra resident.
Select Eligibility criteria – either an occupation on the ACT Critical Skill List January 2021 or 457 / 482 visa holder (if you select 457 / 482 visa holder, your must meet the 457 / 482 eligibility criteria)
Select a Matrix score in each category. Remember, your supporting documentation must evidence the Matrix points claimed at the date you submitted the Matrix. Documents dated after the Matrix is submitted will not meet the criteria.

Once you submit the Matrix, you will receive an email with a summary of the Matrix score claimed. The Matrix cannot be updated or withdrawn once it is submitted. If the claimed Matrix points increase/decrease due to an error or change in circumstances, you must complete a new Matrix; noting that your submission date/time will also change.

The Matrix will automatically expire six months after date of submission if an invitation is not issued. Once a Matrix has lapsed, it cannot be reactivated.

ACT Critical Skills List

The ACT Critical Skills List was reviewed and updated on 11 January 2021. The ACT Critical Skills List will be reviewed every four months and updated as required to ensure that the ACT Migration Program adapts and responds to the evolving critical skills needs of the ACT economy

2020-21 Ranking and selection process

Separate invitation rounds will be held for the 491 and 190 nomination streams. The highest ranked candidates in each stream will be invited to apply for ACT nomination. Please note: an invitation may not be issued if an occupation cap is met.

Only Matrix with a nominated occupation on the ACT Critical Skills List January 2021 will be selected and, if ranked, invited to apply for ACT nomination.
If your nominated occupation was removed from the ACT Critical Skills List January 2021, your Matrix will NOT be selected and will automatically lapse after six months.
457 / 482 visa holders who have a Matrix score of 60 plus points will be invited to apply for ACT nomination.

Invitations to apply for ACT nomination

We will issue invitations on a regular basis; pro rata against the ACT allocation of nomination places set by Home Affairs. The number of invitations issued will vary in each round. The cut‑off for selection will depend on the occupation cap and the number of Matrix submitted. If there are more candidates with the same Matrix score than the number of invitation places available, selection may be based on the date and time of the Matrix submission. Candidates may be selected and invited if their nomination is deemed to be of significant economic benefit to the Territory.

One ACT nomination place only
The policy to offer only ONE ACT nomination place per applicant is strictly enforced given the limited number of nomination places available. An invitation may not be issued if you have been previously nominated by the ACT; or if you have an active invitation / application in the system.

Cap on Occupations

The number of ACT nomination places may be capped for each occupation on the ACT Critical Skills List. Invitations may not be issued when the monthly cap for an occupation is reached.

Invitation to apply for ACT nomination
You will be notified by email if you are invited to apply for ACT Nomination. The application must be lodged, and service fee paid, within 14 days of date of invitation. If you do not accept the invitation, the Matrix will automatically lapse after 14 days. Once lapsed, the Matrix cannot be reactivated.

Requests for ranking information

Invitations are not guaranteed. The ACT Skilled Migration team will not respond to requests for information on ranking or the likelihood of receiving an invitation. Candidates will not be prioritised or issued invitations based on personal circumstances. This includes, but is not limited to, visa expiry dates or a change in circumstances including critical birthdays.

Part TWO – eligibility criteria

Canberra resident – ACT provisional 491 nomination

Canberra Resident 491 – you must meet the following criteria before you are eligible to submit a Canberra matrix for ACT nomination of a Skilled Regional (provisional) subclass 491 visa:

You must be residing in Canberra for the last three 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 are not eligible for ACT nomination if you, your spouse/partner or children are living or working in another Australian state or territory.
You must meet one of the following two eligibility criterion:

Your nominated occupation is on the ACT Critical Skills List January 2021.

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 three months as the holder of a 457/482 visa; and

The 457/482 visa must have a minimum 12 months validity at date of Matrix submission.

You must be working in Canberra for at least three months immediately before the date of Matrix submission:
You must be working a minimum 20 hours per week in each of the thirteen weeks immediately before date of Matrix submission.
Your employment must be continuous:
- Paid leave (annual, personal or maternity) meets the continuous employment criteria.
- Unpaid leave only meets the continuous employment criteria if it is evidenced by a valid medical certificate (the certificate cannot be backdated). Any period of unpaid leave cannot be counted towards meeting the three months ACT employment For example, if you had five days unpaid leave (with medical certificates) you cannot submit the 491 Matrix until three months plus five days
- Unpaid leave not evidenced by a valid medical certificate does not meet the continuous employment criteria.
You must be in paid employment. Internships, stipends, scholarships and volunteer positions are not considered employment for this criterion.
You may work for more than one employer and/or be self- employed:
- Your total income must be at least $500 pw for each week of the employment period claimed.
- Your income must not be less than the relevant award or market salary rate.
- The terms and conditions of employment must be in accordance with Australian legislation.
- If you are employed, your employer must be actively operating in the ACT for at least 12 months at date of matrix submission.
- If you are self-employed on an ABN, you must evidence at least 12 months ACT business activity at date of Matrix submission.
- If you are working in Canberra but you are employed by an interstate employer, your employer must have an office / branch located within a
  30-minute commute of Canberra (a serviced office or home office does not meet this criterion).
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 child in your application and they are in Australia, they must have lived in Canberra for the three months immediately before the date of Matrix submission. If they are not living in Canberra, you must attach evidence that they are living overseas.
If you wish to claim Matrix points for a spouse/partner, you must have evidence of the relationship: either a marriage certificate, civil partnership/union registration, or VEVO (Visa Entitlement Verification Online) secondary applicant status for yourself or spouse/partner. The document must be dated before the Matrix is submitted.
If you wish to claim Matrix points in the spouse/partner employment category, your spouse/partner must hold 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 living and working in Canberra while your visa is processed and for at least two years from date of visa grant (see Attachment A).

Canberra resident – ACT permanent 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 the last 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 are not eligible for ACT nomination if you, your spouse/partner or children are living or working in another Australian state or territory.
You must meet one of the following two eligibility criterion:

Your nominated occupation is on the ACT Critical Skills List January 2021.

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 as the holder of a 457/482 visa; and

The 457/482 visa must have a minimum 12 months validity at date of Matrix submission.

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 in each of the 26 weeks immediately before date of Matrix submission.
Your employment must be continuous:
- Paid leave (annual, personal or maternity) meets the continuous employment criteria.
- Unpaid leave only meets the continuous employment criteria if it is evidenced by a valid medical certificate (the certificate cannot be backdated). Any period of unpaid leave cannot be counted towards meeting the six months ACT employment For example, if you had five days unpaid leave (with medical certificates) you cannot submit the 190 Matrix until six months plus five days.
- Unpaid leave not evidenced by a valid medical certificate does not meet the continuous employment criteria.
You must be in paid employment. Internships, stipends, scholarships and volunteer positions are not considered employment for this criterion.
You may work for more than one employer and/or be self- employed:
- Your total income must be at least $1000 pw for each week of the employment period claimed.
- Your income must not be less than the relevant award or market salary rate.
- The terms and conditions of employment must be in accordance with Australian legislation.
- If you are employed, your employer must be actively operating in the ACT for at least 12 months at date of matrix submission.
- If you are self-employed on an ABN, you must evidence at least 12 months ACT business activity at date of Matrix submission.
- If you are working in Canberra but you are employed by an interstate employer, your employer must have an office / branch located within a
  30-minute commute of Canberra (a serviced office or home office does not meet this criterion).
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 child in your application and they are in Australia, they must have lived in Canberra for the six months immediately before the date of Matrix submission. If they are not living in Canberra, you must attach evidence that they are living overseas.
If you wish to claim Matrix points for a spouse/partner, you must have evidence of the relationship: either a marriage certificate, civil partnership/union registration, or VEVO (Visa Entitlement Verification Online) secondary applicant status for yourself or spouse/partner. The document must be dated before the Matrix is submitted.
If you wish to claim Matrix points in the spouse/partner employment category, your spouse/partner must hold a current English test result with a competent or higher level of English; or hold an Australian or valid passport – see Home Affairs criteria.
You must sign a Statutory Declaration committing to living and working in Canberra while your visa is processed and for at least two years from date of visa grant (see Attachment A).

PART THREE – Canberra Matrix scoring

Canberra residents

The Canberra Matrix is completed for both ACT 491 nomination and ACT 190 nomination.

You can only select one option in the drop-down menu for each category. Claims must be true at the date of Matrix submission. If you are invited to apply for ACT nomination, you must provide supporting documents to evidence any Matrix score claimed. If the supporting documents are dated after the Matrix was submitted, the Matrix score claimed will not be accepted.

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.	25
	Four to five years.	20
	Three to four years.	15
	Two to three years.	10
	One to two years.	5
	Less than one year.	0

CANBERRA RESIDENT

English proficiency

What is your English proficiency level as defined by Home Affairs?

You must have a valid English test result.

Superior.

Proficient.

Competent.

Spouse/partner English proficiency

What is your spouse/partner’s English proficiency as defined by Home Affairs?

They must have a valid English test result to claim points.

Superior/proficient.

Competent.

Not Applicable.

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.

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.

· 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 and / or be self-employed on an ABN.

· The employment does not have to be continuous.

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

o Your gross weekly income must exceed $500 for each week of employment claimed; and

o Your business must have been operating in Canberra for at least 12 months.

Employed for 12 months plus.

Employed for six to 12 months.

Not applicable.

CANBERRA RESIDENT

ACT employment – skill level

Are you currently working for an ACT employer 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 and/or be self-employed if you are working in the same occupation and at the same skill level.

· Your gross income must be no less than $50,000 per annum for fulltime employment; or $26 per hour (excluding casual loading) for part time/casual employment.

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

· If you are self-employed on an ABN:

o Your gross weekly income exceeds $1000 for each week of employment claimed; and

o Your business has been operating in Canberra for at least 12 months.

· 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 ‘relevant’ 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 ‘relevant’ 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.

CANBERRA RESIDENT

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 have a valid English test result at a minimum level of ‘competent’ English; hold an Australian passport; or hold a valid passport as defined by Home Affairs.

· 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:

o Their gross weekly income exceeds $500 for each week of employment claimed; and

o Their business has been 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).

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

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

Spouse employability

4. They do not meet the 3 months employment criterion, but they have a:

· Tertiary qualification (requiring at least 3 years full time continuous study) from an Australian or overseas institution in any occupation; and

· A valid English test result at a minimum level of ‘competent’ English; or hold an Australian or valid passport as defined by Home Affairs.

5. Not applicable.

CANBERRA RESIDENT

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 – at least two years full time study.

Not applicable.

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 from the ACT institution to evidence the claimed period and location 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. An academic year is at least a total of 46 weeks.

Four academic years or more of study.

Three academic years of study.

Two academic years of study.

One academic year of study.

Not applicable.

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.

CANBERRA RESIDENT

Assets in Canberra

1. 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)? You must hold the Certificate of Title or a rates notice to evidence ownership.

2. You have purchased/established a business in Canberra. You have majority ownership and minimum $200,000 turnover in one of the last two years.

3. You have invested in a start-up business in the ACT that is typically technology oriented and has high growth potential.

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

2. Minimum $200,000 investment to purchase / establish a business.

3. $200,000 third party investment in a start-up ACT business.

4. Not applicable

PART FOUR

Overseas applicant – ACT 491 / 190 nomination

Overseas applicant: – The ACT is not offering 491 / 190 nomination to overseas applicants in 2020-21.

PART FIVE

Invitation to apply for ACT nomination

If you are selected to apply for ACT nomination, you will receive an invitation email with a web link to the online application. Migration agents may access the application via their agent account.

If you do not wish to accept the invitation e.g. you submitted multiple matrix or you cannot evidence the matrix scores claimed, the invitation will lapse after 14 days.

By accepting the invitation and submitting the application for ACT nomination, you are agreeing to reside in Canberra during the nomination and visa application process. If the ACT nominated visa is approved, you agree to continue residing in Canberra for at least two years from date of visa grant.

The signed declaration ‘Nomination Obligations to the Australian Capital Territory (ACT)’, must be attached to your application for ACT nomination. See Attachment A.

Completing the application for ACT nomination

An invitation does not guarantee that ACT nomination will be approved. You must complete the application for ACT nomination and provide the required supporting documents to evidence your eligibility to apply for ACT nomination and the Matrix score that the invitation was based on. Claims must be true at the date of Matrix submission.

See: Document checklist at PART SIX (page 18)

Your application for ACT nomination must be submitted (with service fee payment confirmed) within 14 days of date of invitation. If the application is not submitted within 14 days, the invitation will automatically expire and cannot be reactivated.

Once payment of the service fee is confirmed by email (within three working days), the application will be lodged and queued for processing.

Assessing the application

All applications are processed in submission date order. No requests for priority processing will be considered.

The standard processing period is 15 working days. For the current processing date click here.

Assessment of your application for ACT nomination will be based solely on the supporting documents provided at the time of lodgement. Additional documentation will not be accepted once the application is submitted. The case officer will not contact you for additional information or for clarification if your supporting documentation does not clearly demonstrate your eligibility or Matrix score claimed.

If the application is incomplete, or it does not clearly evidence the eligibility criteria or Canberra Matrix score claimed as at the date of Matrix submission, the application will be refused.

Offer of ACT nomination

Approval: If the application for ACT nomination is approved, your SkillSelect EOI will be confirmed and Home Affairs will simultaneously issue the visa invitation. You will be unable to update the SkillSelect EOI once ACT nomination is confirmed. You will then have 60 days to apply to Home Affairs for the ACT nominated skilled migration visa. ACT nomination does not guarantee that the skilled migration visa will be granted.

Only one ACT nomination place is offered per applicant. We will not confirm a new SkillSelect EOI if you made an error and/or are unable to apply for the visa.

Refusal: If the application for ACT nomination is refused, you will be informed of the reasons. You may only request a reconsideration of the refusal decision if you can show that your original supporting documents met the eligibility criteria and Matrix score. A request for reconsideration must be in writing. Additional documentation will not be accepted.

Applying for the ACT nominated skilled migration visa

Once the visa invitation is issued by Home affairs, you must lodge the visa application within 60 days. If the visa application is not lodged with Home Affairs within 60 days, the offer of ACT nomination will expire. This timeframe will not be extended.

Please note: If your application for an ACT nominated visa is refused by Home Affairs, the ACT Government will not, under any circumstances, appeal to the Administrative Appeals Tribunal on your behalf.

Nomination obligations – living in Canberra

As part of your application for ACT nomination, you signed a declaration agreeing that ACT nomination is exclusive to the ACT and is NOT transferable to any other state or territory in Australia.

The ACT Government expects you to meet your obligations to live in Canberra for at least two years from the date of visa grant / permanent arrival in Australia. The ACT Government will inform Home Affairs if you do not make a genuine effort to meet your obligations to live in Canberra.

Notification of Home Affairs Visa Decision

You must inform us when your visa is granted, by email and attach a copy of the visa grant notification. If you are overseas, you must let us know your expected arrival date in Canberra.

Email: welcometocanberra@act.gov.au

Welcome to Canberra Settlement Service

The ACT Skilled Migration team provides a free settlement service to help ACT-nominated overseas migrants settle in Canberra. The Welcome to Canberra team will:

Provide information and advice while you are waiting for your visa, and, if you have questions about living in Canberra, refer you to the relevant websites;
Follow up with a phone call or email eight weeks after you have arrived in Canberra.

For more information email: welcometocanberra@act.gov.au

Monitoring Program

As part of your signed nomination obligations you have agreed to:

Live and work in Canberra for at least two years from visa grant/arrival in Australia
Complete settlement surveys at 6, 12, 18 and 24 months after arrival
Inform us of any change to your contact details for two years after visa grant/arrival.

Disclaimer

The Australian Migration Programme does not guarantee a migration outcome for any temporary resident / international student in Australia. Neither is ACT nomination guaranteed for ACT residents who may be eligible for nomination. The demand for ACT nomination may exceed the Home Affairs allocation of nomination places; and many candidates may not rank highly enough to be selected and invited to apply for nomination.

The ACT Government and its employees are not liable for any inaccuracies or omissions in the information provided to the applicant in the context of their application for ACT nomination. The ACT Government is not responsible for finding employment, accommodation or providing financial incentive or assistance to ACT nominated skilled visa holders or other migrants.

These guidelines are subject to change without notice at any time; and must be read in conjunction with the information on the Canberra Your Future website.

PART SIX – DOCUMENT CHECKLIST

Mandatory documents

All applications for ACT nomination must include the following supporting documents to evidence your eligibility and Matrix score claimed as at date of Matrix submission.

Once the application is lodged, additional documents will not be accepted or requested by the case officer.

Home Affairs SkillSelect EOI summary: showing personal, education, English and employment details submitted
Home Affairs SkillSelect points advice.
‘International Movement Record’ from the Department of Home Affairs (if applicable).
Current skill assessment in the nominated occupation (all pages of the assessment must be attached).
Passport bio-page.

· Bank statements (Canberra residents only): must evidence your claimed date of arrival in Canberra. You must also provide a bank statement for each year claimed as a period of ACT residence; and from the date of Matrix submission until date of invitation.

Your bank statements must reflect that you were living and settled in Canberra. They must include your transaction history including regular shopping activity and bill payments. The bank statement must also evidence your claimed period of employment. Salary payments must be highlighted on the bank statement; and the corresponding payments recorded on the Summary of Working Hours (at Attachment C)

· Curriculum Vitae (CV) or Resume: which clearly states personal details, educational qualifications and work experience.

· Declaration of ACT nomination Obligations: a signed and witnessed declaration that you acknowledge and accept ACT nomination obligations (at Attachment A)

Summary of Working Hours (Canberra residents only): a clear record of the total hours worked, and net salary paid for each pay cycle in the claimed period of ACT employment at date of Matrix submission. The net salary must correspond with the bank statement. You must record every pay period: weekly (minimum 20 hrs), fortnightly (minimum 40 hrs), or monthly (minimum 86.6hrs) for the length of employment claimed. If you did not work in a particular period, you must leave that period blank. Any period of unpaid personal leave must be evidenced by a valid medical certificate. If you are working for more than two employers in any claimed period, you can construct your own spreadsheet to clearly evidence the employment claims made (at Attachment C)
Summary of ACT residence (Canberra residents only): a clear record of your ACT residence and any period you were not living in Canberra for more than seven days at a time; including holidays interstate or overseas. (at Attachment D)

ACT employment (Canberra residents only):
Employees
All payslips or pay advice for the claimed period of ACT employment. If your income is consecutively paid into your bank account, you are only required to provide the first, mid and last payslips to evidence the claimed period of employment (if your bank statements evidence the regular net salary payments).
Employment contract or employer statement of service. The commencement date and period of employment must be specified.
Cash salary payments:
All payslips for the claimed period of ACT employment. If there are corresponding cash deposits of your net income into your bank account (for each pay period) you are only required to provide the first, mid and last payslips to evidence the claimed period of employment (as long as your bank statements evidence the regular salary payments).
Employment contract or employer statement of service.
‘Pay As You Go (PAYG) payment summary – individual non-business’, to evidence annual salary for the relevant period. If you do not have the PAYG payment summary to evidence the payment of salary in cash, the claim for employment is unlikely to be accepted.
For self-employed only:
Australian Business Number (ABN); and
Evidence of work undertaken e.g. tax invoices; client schedules; work sheets; partner payment summaries; working hours log sheets etc.
Evidence of 12 months ACT business activity: Australian Tax Office (ATO) Pay as you go (PAYG) instalments for last 12 months.
Bank statements to evidence that your minimum income exceeds $500 per week (or $1000 per week if fulltime) for any claimed period of employment.

Please note: The ACT will not condone the employment of intending migrants where the terms and conditions of employment do not comply with Australian legislation; including compliance with the relevant Award or Agreement. In addition, Skills Canberra must be satisfied that you are working in a genuine position. If concerns are held that the position is not genuine, or there is evidence of significant churn of employees working in the same position for the same employer, the claim for employment points will not be accepted.

English:
Either a valid passport issued by the United Kingdom; Canada; New Zealand; United States of America; or Republic of Ireland (to evidence competent English only); OR
A valid English language test result accepted by Home Affairs evidencing the claimed level of English ability (within the last three years).
Spouse/partner (if applicable):
Passport bio-data page.
Evidence of relationship: marriage certificate, civil partnership/union registration, or VEVO secondary applicant status for yourself or spouse/partner.
Canberra residents only:
Evidence of ACT residence immediately before date of matrix submission.
Summary of ACT residence (at Attachment D).
Bank statements to evidence the minimum period of ACT residence, and up to the date of invitation.
One of the following: phone account; utility account; electronic Confirmation of Enrolment (eCOE); employment payslips; credit/store card statement.
If your spouse is not living in Canberra, provide evidence that they are living overseas.
Commitment statement: In no more than two pages, explain in your own words why you want to live in Canberra for at least two years from visa grant/permanent arrival.
Current Visa Entitlement Verification Online (VEVO). Attach a copy of the visa grant notification for the last substantive visa held for main applicant; and partner/spouse if applicable.
Financial capacity:
For Canberra residents – while you are not required to provide evidence of your financial capacity, you must declare your assets available for settlement when completing the online application.

Service fee: A$300

A non-refundable service fee is charged for processing applications for ACT nomination. The service fee is an administration charge only and does not guarantee the approval of a nomination. The service fee of $300 may be paid by one of the following options:

· Credit Card – ‘pay now’ or ‘pay later’.

Select ‘pay now’ on the online application.

Select ‘pay later’ and access ‘Pay an ACT Government Account’

· Electronic Funds Transfer (EFT) – pay later

Westpac Bank – City Walk, Canberra, 2600
Account name: ‘EDD Operating Account’
BSB: 032-777

Account Number: 000145
Reference: Application reference number

Email the EFT receipt and a copy of the ‘payment pending’ email to: migrationservices@act.gov.au

Additional documents to evidence the Matrix score claimed

The following documents must be attached to must evidence your Matrix claims as at date of Matrix submission. Once the application is lodged, additional documents will not be accepted or requested by the case officer.

ACT employment – Skill Level
- A Statutory Declaration from your ACT employer confirming your position title, position description, duties, salary and commencement date (at Attachment E).
Partner/spouse employment (Canberra residents only):
- Bank statement to evidence claimed period of employment; with salary payments highlighted.
- Summary of Working Hours: a clear record of the total hours worked, and net salary paid for each pay cycle in the thirteen weeks immediately before date of Matrix submission (at Attachment C).
- Employment contract/statement of service; and first, middle and last pay slips for claimed period of employment.
- Minimum competent level English: current English test result, Australian passport or valid passport issued by the UK, the USA, Canada, NZ or Ireland.
- A Statutory Declaration from their employer confirming the position, duties, salary and commencement date (at Attachment E).
- Skill assessment relevant to current occupation (if applicable).
- For self-employed only:
Australian Business Number (ABN); and
Evidence of work undertaken e.g. tax invoices; client schedules; work sheets; partner payment summaries; working hours log sheets etc.
Evidence of 12 months ACT business activity: Australian Tax Office (ATO) Pay as you go (PAYG) instalments for last 12 months.
Bank statements to evidence that your minimum income exceeds $500 per week (or $1000 per week if fulltime) for any claimed period of employment.
If not working, academic transcript and completion letter from the tertiary institution to evidence three years full time study.
Tertiary qualification (if applicable)
- Academic Transcript – record of your enrolment history, including results received, courses attempted, and awards conferred.
- Letter of course completion from tertiary institution.
Period of completed ACT study (if applicable)
- Academic Transcript from ACT institution- record of your enrolment history, including results received, courses attempted, and awards conferred.
- Letter of course completion from ACT tertiary institution.
Close family members living in Canberra
Evidence of the close familial relationship with the Canberra resident:
- Spouse/partner: marriage certificate, civil partnership/union registration; or
- Birth certificates to evidence the familial relationship between you and the ACT family member.
From your Canberra relative:
- Evidence of two years ACT residence: bank statements, rates notice, utilities bill or PAYG summary; and
- Evidence of Australian citizenship or residency.

Please note: Statutory Declarations will NOT be accepted as evidence of relationship.

ACT assets

Residential or commercial property: Certificate of Title; purchase settlement statement; evidence of minimum $250,000 cash investment; letter of mortgage approval (if applicable).
Majority business ownership: ABN; ASIC Business Name Summary; evidence of minimum $200,000 turnover in one of the last two years; Business Activity Statements (BAS) for the last two years.
Evidence of $200,000 investment in a start‑up ACT business, and description of ACT business activity.

Attaching documents to your application

Supporting documents must be attached in one of the following supported formats to be accepted (MS word, Excel, JPG, GIF, TIF, Acrobat PDF).

Maximum file size for each document is 10 Megabytes (10 MB)

Only one document can be attached per field. Documents already uploaded will be overwritten by trying to attach a second document in the same field. If you wish to attach additional supporting documents against a criterion, please use the ‘Additional Supporting Documents’ screen.

ATTACHMENTS

Attachment A – Nomination obligations

Attachment B – Financial declaration (overseas applicants only) – Not included

Attachment C – Summary of working hours (Canberra residents only)

Attachment D – Summary of ACT residence

Attachment E – Statutory Declaration from ACT employer

Attachment A

Nomination Obligations to the Australian Capital Territory (ACT)

I (name)………………………………………………………………………………. (DOB)….…/..…../.……

of (address)……………………………………………………………………………………………………………

do solemnly and sincerely declare that:

The information contained in my application for ACT nomination of a Skilled Migration visa is true and accurate.
I have read and understand my obligations in relation to ACT residence as provided in the ACT Nomination Guidelines, and my commitment to reside permanently in Canberra is ongoing and genuine.
(For applicants who are Canberra residents): I agree to reside in Canberra during the ACT nomination and visa application process.
- I understand that the ACT Government reserves its right to withdraw ACT nomination if, at any time until the visa is granted, they are satisfied that I do not have a genuine commitment to reside in Canberra.
- If the ACT nominated skilled migration visa is approved, I agree to reside in Canberra for at least two years from date of visa grant.
(For applicants who are overseas): I have researched relevant employment opportunities in Canberra and am satisfied that there are sufficient employment opportunities in my nominated occupation relevant to my skill set and experience in Canberra. I am aware that Australian labour market conditions may vary significantly as the employment market fluctuates at different times of the year; and from year to year. I understand that I need to be realistic about employment expectations as it can take, on average, six months to secure employment. I understand that I will compete for employment vacancies with all people in the labour market as part of a normal selection process.
- If the ACT nominated skilled migration visa is approved, I agree to reside in the ACT for at least two years following the date of my permanent arrival in Australia.
I will inform the ACT Skilled Migration team when the visa application is decided by Home Affairs and, if travelling from overseas, my expected arrival date in Canberra.
I agree that ACT nomination is exclusive to the ACT and is NOT transferable to any other Australian state or territory. I understand that the ACT Government will inform the Department of Home Affairs if I do not make a genuine effort to reside in Canberra for at least two years from date of visa grant / permanent arrival.
I understand that the ACT will monitor my settlement in Canberra for two years from date of visa grant / permanent arrival and I agree to complete the six monthly settlement surveys for the first two years.
I have access to enough financial resources to support myself (and any dependents) while securing employment in Canberra if my visa application is successful.
I understand that the ACT Government is not responsible for finding employment, accommodation or providing a financial incentive to ACT nominated skilled migrants.
I understand that the ACT Government or employees of the ACT Government are not liable for any inaccuracies or omissions in the information provided to the applicant in the context of their application for ACT nomination.

The information you provide with your application is collected by Skills Canberra, Chief Minister, Treasury and Economic Development, a Directorate of the ACT Government and will be used to assess your application for an ACT nomination. For details on the collection of personal information please refer to the Canberra Create Your Future privacy notice. Information you provide in the settlement surveys will be used to monitor your settlement if you are a successful applicant. Depersonalised settlement information may be used to compile statistical reports for ACT Government internal reporting and may be published in media releases. Any information submitted by you in and/or with your application and in the settlement surveys which contains personal information will be stored, used and disclosed in accordance with the requirements of the Information Privacy Act 2014.

Signature of applicant: ……………………………………..………….. Date: ……./..…./…….

Name of Witness ………………………………………………………….

Signature of witness: ………………………………………………….….. Date……./……./……..

Attachment C

SUMMARY OF WORKING HOURS Name: ………………………………………………………………………………. (main applicant/spouse) Date Matrix submitted: ……/……/……
You must record your employer, occupation and every pay cycle (weekly, fortnight or monthly) for the length of employment claimed. If you did not work, you must leave that pay cycle blank. Any period of unpaid personal leave must be evidenced by a valid medical certificate. If you are working for more than two employers in any claimed period, you can construct your own spreadsheet. If the case officer is not satisfied that your ‘summary’ clearly records the total hours worked for each pay period, your claims against the employment criteria will not be accepted.
	Employer: Occupation:			Employer: Occupation:			Total Hours worked
Pay Period	Hours	Net salary	Pay date	Hours	Net salary	Pay date
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..
….…/……. to ……./……./…….		$	…../…../…..		$	…../…../…..

Attachment D

SUMMARY OF ACT RESIDENCE

Name: ………………………………………………………………………………. (main applicant / spouse)

Date Matrix submitted: ……/……/……

Date of arrival in Canberra:

……/……/……

What period of ACT residence are you claiming (in the last eight years) at date of Matrix submission?

Visit to Canberra

Less than one year

One to two years

Two to three years

Three to four years

Four to five years

Five years plus

You must record any time that you spent away from Canberra (for seven days or more) for each year of residence claimed. 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. The year counts back from date of Matrix submission.

You can study interstate for one or two days a week. However, if you study interstate for more than two days a week, you will not be considered an ACT resident for that period. If you worked interstate, you cannot claim ACT residence for that period.

Bank statements: Your bank statements must evidence your claimed date of arrival in Canberra. You must also provide a bank statement (with salary payments highlighted) for each year of residence claimed at date of matrix submission; and until date of invitation to apply for ACT nomination. You must highlight any period you spent away from Canberra for seven days or more.

YEAR ONE

(the year before date of

matrix submission)

Time away from Canberra for 7 days or more – duration dates

Number of weeks away from Canberra

Interstate

Overseas

…..…/…..…/…..… to …..…/..……/…..…

………

……….

Total number of weeks away from Canberra in Year One: ………

YEAR TWO (two years before date of matrix submission)	Time away from Canberra for 7 days or more – duration dates	Number of weeks away from Canberra
		Interstate	Overseas
	…..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..…	……… ……… ………. ……….	……… ……… ……… ………
Total number of weeks away from Canberra in Year Two: ………
YEAR THREE (three years before date of matrix submission)	Time away from Canberra for 7 days or more – duration dates	Number of weeks away from Canberra
		Interstate	Overseas
	…..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..…	……… ……… ………. ……….	……… ……… ………. ……….
Total number of weeks away from Canberra in Year Three ………
YEAR FOUR (four years before date of matrix submission)	Time away from Canberra for 7 days or more – duration dates	Number of weeks away from Canberra
		Interstate	Overseas
	…..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..…	……… ……… ……… ………	……… ……… ……… ………
Total number of weeks away from Canberra in Year Four: ………
YEAR FIVE (five years before date of matrix submission)	Time away from Canberra for 7 days or more – duration dates	Number of weeks away from Canberra
		Interstate	Overseas
	…..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..…	……… ……… ………. ……….	……… ……… ……… ………
Total number of weeks away from Canberra in Year Five: ………

YEAR SIX (six years before date of matrix submission)	Time away from Canberra for 7 days or more – duration dates	Number of weeks away from Canberra
		Interstate
	…..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..…	……… ……… ………. ……….	……… ……… ………. ……….
Total number of weeks away from Canberra in Year Six: ………
YEAR SEVEN (seven years before date of matrix submission)	Time away from Canberra for 7 days or more – duration dates	Number of weeks away from Canberra
		Interstate	Overseas
	…..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..…	……… ……… ………. ……….	……… ……… ………. ……….
Total number of weeks away from Canberra in Year Seven: ………
YEAR EIGHT (eight years before date of matrix submission)	Time away from Canberra for 7 days or more – duration dates	Number of weeks away from Canberra
		Interstate	Overseas
	…..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..… …..…/…..…/…..… to …..…/..……/…..…	……… ……… ………. ……….	……… ……… ………. ……….
Total number of weeks away from Canberra in Year Eight: ………

Attachment E

Commonwealth of Australia

STATUTORY DECLARATION

Statutory Declarations Act 1959

1 Insert the name, address and occupation of person making the declaration

I,¹

make the following declaration under the Statutory Declarations Act 1959:

2 Set out matter declared to in numbered paragraphs

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

3 Signature of person making the declaration

4 [Optional: email address and/or telephone number of person making the declaration]

⁴

5 Place

6 Day

7 Month and year

Declared at ⁵ on ⁶ of ⁷

Before me,

8 Signature of person before whom the declaration is made (see over)

⁸

9 Full name, qualification and address of person before whom the declaration is made (in printed letters)

10 [Optional: email address and/or telephone number of person before whom the declaration is made

⁹

¹⁰

Source: http://www.canberrayourfuture.com.au/

Disclaimer: The above set criteria and details about The eligibility of 485 PSW Visa have been copied from http://www.canberrayourfuture.com.au/. The document is provided for general information purposes only. Your use of any of this information is at your own risk, and you should not use any of this information without first seeking legal and other professional advice. The provision of this document (and the documents themselves) do not constitute legal advice or opinions of any kind, or any advertising or solicitation. No lawyer-client, advisory, fiduciary or other relationship is created between VIVID EDUCATION and any person accessing or otherwise using any of the information. Vivid Education and its affiliates (and any of their respective directors, officers, agents, contractors, interns, suppliers, and employees) will not be liable for any damages, losses, or causes of action of any nature arising from any use of any of this information.