ACT nomination – 190 and 491 (Official)

ACT nomination – 190 and 491 (26 November 2019)

2019‐20 ACT nomination allocation

Canberra Matrix – selecting nomination type

• Open the Canberra Matrix through your agent portal.
• Select either 190 or 491 nomination (after checking the eligibility criteria carefully).
• The 190 and 491 Matrix scores will be ranked and separate invitation rounds will be held.
• Individual Matrix cannot be linked to an agent account
• The matrix score is valid for 6 months ONLY. If your client is not invited, the Matrix auto lapses after 6 months and will not be reactivated.

• Minimum three months ACT residence 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.
• Three months continuous employment (minimum 20 hrs per week) immediately prior to matrix submission.

Canberra Resident: 190 nomination eligibility

1. Nominated occupation is open on the ACT Occupation List (don’t forget the caveats); or
2. Primary 457 / 482 visa holder sponsored by an ACT employer (at least 1 year visa validity at date of Matrix); or
3. Five years continuous ACT residence at date of Matrix submission.

• • 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 the claim for continuous ACT residence.
• • You must attach a copy of your ‘International Movement Record’ from Home Affairs.

• Highly skilled employment‐ Skill Level category: minimum taxable income must be no less than $50,000 per annum; or $26 per hour (excluding casual loading) for part time / casual employment. Employer must be actively operating in the ACT for at least one year.
• Matrix score claim ‐ Skill level: skilled employment must be recorded on SkillSelect EOI.
• Spouse employment: minimum competent English for ALL claims in this category; skill assessment required for working in open occupation claim.

Overseas applicant:190 nomination eligibility

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 an academic appointment at an ACT tertiary institution.

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

Overseas applicant – changes in common to 191 and 491 eligibility criteria

• • Relevant work experience: 10 years plus continuous employment in the nominated occupation – must be evidenced by a skill assessment: 20 points.
  • Spouse / partner employment: Skill assessment relevant to current ‘Open’ occupation (caveats may apply).

617 nominations approved – 207 refused (824 total)

• • Open: 38%

• • 4 years plus: 24%
  • Less than 2 years: 51%

• • Open occupations: 22%
  • 457 / 482 visa holders: 4%
  • ANZSCO 1 to 3: 18%

• • 12 months: 52%
  • 6 to 12 months: 28%

• • 1 year study: 33%
  • 2 to 3 years study: 40%
  • 4 years plus: 8%

• • Highly skilled: 4%
  • Tertiary qualification: 19%
  • Currently working in any occupation: 22%

• • Sibling: 6%; Spouse / partner: 3%

• • LENGTH OF STUDY AT AN ACT INSTITUTION. Claimed 5 points for 1 year ACT study. ACC completion letter shows course commenced 5 March 2018. Claimed arrival date on 24 April 2018. No ACT bank transactions until 24 April. Sydney salary payments till 26 April 2018. Matrix submitted 26/04/19.
  • ACT EMPLOYMENT SKILL LEVEL. Claimed 10 points for ‘working in an ‘Open’ but not nominated occupation’ as a Cook which is closed. Relevant tertiary qualification not attached.
  • SKILL ASSESSMENT dated after Matrix submitted.
  • SPOUSE EMPLOYMENT. Claimed 15 points for working in open occupation. Spouse is not earning the award wage for a Chef under the Restaurant Industry Award. Second refusal for same reason.
  • TERTIARY QUALIFCATION. Claimed 15 points for a Master’s degree, which was not recorded on SkillSelect EOI.

And some more refusals

• • ACT EMPLOYMENT SKILL LEVEL: 20 points for ‘working in nominated ‘open’ occupation. Payslips and employer reference provided to evidence claim. Applicant moved from Sydney 3 months and 1 day before Matrix submitted and work commenced. SkillSelect recorded web developer employment as not related to the nominated occupation. ACT Employer not considered genuine – home address; no online presence; less than 1 year ACT business activity.
  • LENGTH OF ACT RESIDENCE. 15 points for three to four years ACT residence at date of matrix submission. Claimed arrival date in Canberra is 30 June 2016. The Matrix was submitted 01 July 2019. First ACT transaction was on 10 July 2016. Course completion letter from Victoria University dated on 6 July 2016.
• • SPOUSE/PARTNER EMPLOYMENT. Certificate of Civil Partnership dated after Matrix was submitted.

Suggestions to avoid refusals

• • Remember, you must evidence eligibility and the Matrix score claimed at date of Matrix submission.
  • If you know that your client is not eligible (e.g. Canberra residents not meeting the employment, residence or English criteria) do not submit the application.
  • If you can’t easily evidence the Matrix point claimed (at date of submission), don’t claim it.
  • Candidates with a matrix score of 70 and over are highly likely to receive an invitation in an upcoming round. If you don’t have to claim points e.g. length / type of employment, you don’t have to provide the evidence.
• • Refusing applications is triple the work load and means less applications can be assessed.

How to make our job easier

• • A concise summary explaining how the Matrix claims are met
  • The ‘summary of working hours’ must be a summary. The total hours worked for each pay period must be clearly recorded.
  • Highlight pertinent facts – e.g. salary payments in bank statement.
  • Minimum documentation as required per the document checklist (14 to 18 documents max)
• • If a document is not required, please do not attach it, e.g. statutory declarations; love stories; relationship photos; car rego; high school certificates, child care enrolment etc.
  • If claiming a migrating spouse, attach evidence of their location.

What’s happening next

• • New 190 / 491 nomination criteria in effect 1 Jan 2020.
  • The ACT Occupation List will be updated in 1 January 2020.
  • CCYF website will be decommissioned within 6 months.
  • New online ‘smart forms’ will be implemented by July 2020.
• • Home Affairs allocation 2020 ‐21: preference to be given to provisional 491 nomination.