The New Way the ACT Assesses Skilled Nominated Visa Applications (Subclass 190)

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Table of Contents

• How Can I Apply for the ACT 190 Nomination?
• What is the ‘Canberra Matrix’ Based On?
• What is the Ranking and Selection Criteria?
• Key Takeaways
• Frequently Asked Questions

The skilled nominated visa (subclass 190) allows points-tested skilled workers to live and work in Australia as permanent residents. To be invited to apply for this visa, you must meet the following requirements:

• have an occupation on the relevant skilled occupation list;
• obtain a suitable skills assessment for that occupation;
• satisfy the points threshold (currently 65 points);
• be under the age of 45 when you apply for the visa;
• show competent English; 
• submit an expression of interest (EOI);
• be nominated by a state or territory government;
• receive an invitation to apply from the department once nominated; and
• lodge your visa application and provide supporting documentation.

Historically, the Australian Capital Territory (ACT) operated on a ‘first come, first serve’ basis with skilled visa application nominations. However, they have now introduced a new regime to assess applications for nomination. The Government will assess applications for the ACT Government nomination on a merits-based matrix regardless of the time of application. This article explains the new system for applicants seeking ACT nomination.

How Can I Apply for the ACT 190 Nomination?

Before applying for the ACT nomination, you must ensure you are eligible to apply for the 190 visa. Once you confirm that you meet the requirements and can satisfy the points test, you can then apply for a nomination from the ACT government.      

For Canberra residents, you must be living and working in Canberra for at least 6 months. However, suppose you are an overseas applicant. Accordingly, you and your dependents cannot be in Australia, and you must have a genuine ACT job offer in your nominated occupation

There are two stages to this process:

1. The Canberra Matrix 

You must register an expression of interest by completing the score-based ‘Canberra Matrix’. The Canberra Matrix is weighted to ensure that applicants who will or have made a positive economic contribution to the Territory or demonstrated a genuine commitment to the ACT are more likely to be ranked and invited to apply for ACT nomination. Here, you can claim points against a range of criteria. You will need to answer questions truthfully as you must provide supporting documentation.

Your Matrix cannot be updated or withdrawn once it is submitted. If your circumstances change and your claimed points increase or decrease, you must complete a new Matrix. Note that in doing so your submission date and time will also change. Your Matrix will automatically expire six months after the date of submission if an invitation is not issued. Once a Matrix lapses, it cannot be reactivated.

2. Invitation to Apply

If your score is high enough, you will be invited to apply for the ACT 190 nomination. You will need to accept the invitation and make an application within 14 days. It is essential you attach supporting documentation with your application to prevent delay. The application will be refused if your supporting documents do not prove that you meet the eligibility criteria for ACT nomination or the Matrix points claimed.

If you receive ACT Nomination, you have 60 days to lodge your relevant visa application. 

What is the ‘Canberra Matrix’ Based On?

The ‘Canberra Matrix’ is based on your economic contribution and ongoing commitment to the ACT.

Canberra-Based Applicants

For Canberra residents, the eligibility criteria are as follows.

1. Meet One of the Following:

• your nominated occupation is on the latest ACT Critical Skills List; 
• you are the primary holder of a subclass 457/482 visa sponsored by an ACT employer, and you worked in the nominated occupation with this employer for the last six months. (Note: that your nominated occupation does not have to be on the ACT Critical Skills List); or
• you are the majority owner of an eligible registered business located in the ACT, and claiming Matrix points in the Small Business Owner category. 

2. Residence

You are residing in Canberra, have lived in Canberra for the last six months and continue until the date of invitation (including living within commuting distance in NSW e.g. Queanbeyan). 

3. Work

You worked in Canberra for the last six months and will continue until the invitation date at a minimum of 35 hours per week, continuous for 26 weeks. Furthermore, this must be a genuine position, paid following an award/market salary rate. Additionally, this can include part-time work, full-time work, self-employed work or working for a number of ACT employers. 

4. English

You meet the Department of Home Affairs requirement for ‘proficient’ or ‘superior’ English. However, you do not need to meet this requirement if your nominated occupation is Chef 351311 or has an ANZSCO skill level 3 to 5.

5. Spouse

Your spouse or partner was residing in Canberra for the last six months, or living overseas.

6. Statutory Declaration 

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.

Overseas Applicants

For overseas applicants, the eligibility criteria are as follows.

1. Nominated Occupation

Your nominated occupation is on the latest ACT Critical Skills List. Additionally, you must be working this role full-time and you hold any relevant registration or licenses. 

2. Job Offer

You have a full time job offer to work for at least two years in your nominated occupation, in Canberra. The position must be Canberra and be available for at least two years. Note, the employer must meet certain requirements such as having over 50 employees or a genuine need for overseas worker.

3. Employer Declaration

Your ACT employer must declare that in a statutory declaration that:

• you will be employed in a genuine position in Canberra in accordance with Australian law;
• the position is relevant to the operations of the business;
• the minimum employment period is for at least two years; and
• they have tested the labour market and are unable to find an Australian Citizen or permanent resident to fill the position.

4. English

You meet the Department of Home Affairs requirement for ‘proficient’ or ‘superior’ English. However, you will be exempt from this requirement if you hold a valid passport issued by: 

• United Kingdom;
• United States of America;
• Canada;
• New Zealand; or 
• the Republic of Ireland.

5. Spouse

If you are claiming points in the spouse/partner category, you must show proof of relationship including a marriage certificate or civil partnership/union certificate. Your spouse/partner must also meet the Department of Home Affairs requirement for ‘competent’ English (or hold an Australian passport).

6. Dependents

You and any migrating dependents (except children enrolled at school in the ACT) are living overseas, have not lived in Australia for the last year and do not hold a current Australian visa (incl. bridging visa), except an Australian visitor visa.

7. Commitment Statement

You must attach a commitment statement to the application, explaining why you want to live in Canberra and describing your future lifestyle. The statement must be written in your own words.

8. Statutory Declaration

You must sign a statutory declaration committing to living and working in Canberra for at least two years from the date of permanent arrival in Australia.

9. Funds

You have access to sufficient money to fund your migration and settlement in Canberra.

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What is the Ranking and Selection Criteria?

Once submitted, the ACT government will then assess and rank your Matrix based on the number of points you’ve claimed. Those who rank high enough will receive an invitation to apply for ACT 190 nomination. The ACT has a fixed number of nomination places available each month (pro-rata against the annual allocation). We will hold separate invitation rounds for Canberra residents and overseas applicants.

For Canberra residents, the selection of your Matrix will also depend on the pathway you have chosen. This may be the ACT Critical Skills List, 457/482 visa holders, or small business owners. 

For overseas residents, the cut‑off for selection will depend on the occupation cap and demand. The higher the demand, the higher the ranked Matrix score.

If there are too many Matrices with the same score, then selection may be based on the date and time you submitted the Matrix.

Furthermore, you do not have a guarantee of receiving an invitation. The ACT Government will not respond to requests for information on ranking or the likelihood of receiving an invitation.

Key Takeaways

The ACT’s new approach is a strategic initiative to select applicants with the desired skills, qualifications and experiences to offer long-term economic benefit to the ACT government. It also incentivises visa holders to remain in the ACT, rather than moving to another state or territory. However, the new process for the skilled nominated visa adds another layer to the state nominated points tested visa. The onus is on you to establish how your skill set will enhance and positively contribute to the ACT. You must also demonstrate your commitment to residing and working in the ACT.. 

If you need help with an EOI or application relating to your subclass 190 visa, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.

Frequently Asked Questions