ACT 491 Visa – Canberra resident Eligibility 2022 2023

491 Nomination – Canberra resident applicant eligibility

If you want to apply for ACT nomination for a Skilled Regional Work (Provisional) visa (subclass 491), you must meet certain criteria at the date you submit the Canberra matrix. These include the following.

Eligibility: You must meet one of the following:

• Your nominated occupation is on the latest ACT Critical Skills List; or
• You are the primary holder of a subclass 457/482 visa sponsored by an ACT employer:

1. You worked in Canberra in the occupation nominated by the sponsoring ACT employer for the last three months as the holder of a 457/482 visa.
2. Your nominated occupation does not have to be on the ACT Critical Skills List.

• You are the majority owner of an eligible registered business located in the ACT and you are claiming Matrix points in the Small Business Owner category.

1. The following business types are not eligible: sub tenancy, ride-share, taxi, delivery, courier services or an on-sold business previously used to qualify for ACT nomination.
2. Your nominated occupation does not have to be on the ACT Critical Skills List.

Resident in Canberra:

You lived in Canberra for the last three (3) months and continue until the date of invitation. Your bank statements / transaction history must record ACT banking activity from the date of your claimed arrival in Canberra up to the date of invitation. You may also live within commuting distance in NSW e.g., Queanbeyan, Bungendore etc.

Employment: 

You worked in Canberra for the last three (3) months.

• Employee

1. You worked a minimum of 20 hours per week in each of the 13 weeks up to the date you submit the Matrix. Your payslips and bank statements / transaction history must record the income / salary payments (weekly, fortnightly or monthly) for the claimed period of employment.
2. Continuous employment – your employment in Canberra was continuous for the 13 weeks.
3. You worked in a genuine position in accordance with Australian terms and conditions of employment.
4. You were in paid employment. Internships, stipends, scholarships and volunteer positions are not eligible. Your employment does not have to be permanent.
5. Your  weekly income was no less than the relevant award or market salary rate.
6. You can work for more than one employer and/or be self-employed:
7. Employer statutory declaration: Your employer MUST declare that you were employed in a genuine position in accordance with Australian legislation. If you were working for a large organisation, the statutory declaration may be signed by your manager or direct supervisor.
8. If you were working in Canberra for an interstate employer, there must be a genuine reason for why you are based in Canberra. You cannot be working online, or from a home office.

• Self-employed and you are not claiming Matrix points as a Small Business Owner:

1. You can work for an employer and/or be self- employed.
2. Your total (taxable) income was at least $520 pwin each of the 13 weeks immediately before you submit the Matrix.
3. You have at least 12 months ACT business activity on your ABN.
4. You MUST sign a statutory declaration confirming your ABN, location of ACT business, start date of ACT business activity, duties and annual income.

• Small Business Owner:

1. You are eligible to claim Canberra Matrix points in the Small Business Owner Category.
2. You MUST sign a statutory declaration confirming the details of your ACT Small Business activity.

English: 

You meet the Department of Home Affairs requirement for ‘proficient’ or ‘superior’ English unless your nominated occupation:

• is Chef 351311.
• has an ANZSCO skill level 3 to 5.

Spouse/partner: 

Your spouse or partner was resident in Canberra for the last three (3) months, or living overseas:

• If you wish to claim Matrix points for a spouse / partner, you must have proof of the relationship.
• If you wish to claim Matrix points in the spouse / partner employment category, they must meet the Department of Home Affairs requirement for ‘competent’ English; or hold an Australian passport.

Commit to living in Canberra: 

You must sign a declaration committing to living and working in Canberra while your visa is processed and for at least two years from date of visa grant.

Service fee: $300

Supporting documentation:   Your supporting documentation must evidence your eligibility to apply for ACT nomination and any Matrix score claimed.

Disclaimer: The above set criteria and details about The eligibility of 491 Visa have been copied from https://www.act.gov.au/migration/skilled-migrants/491-nomination-criteria/491-nomination-canberra-resident-applicant-eligibility. 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.