Australian Capital Territory (ACT) Government Nominated Subclass 176 Visas
Guidelines for Lodging an Application for ACT Government Nomination of a Subclass 176 Visa
The ACT Government encourages skilled migration and can provide advice on ACT nomination criteria, but not on wider immigration issues. Before lodging a nomination application, it is recommended that you obtain specific migration advice relevant to your circumstances from the Department of Immigration and Citizenship or a Registered Migration Agent.
January 2011
GUIDELINES FOR LODGING AN APPLICATION FOR ACT GOVERNMENT NOMINATION OF A SUBCLASS 176 VISA
- These guidelines provide information about lodging an application for Australian Capital Territory (ACT) Government Nomination under the General Skilled Migration (GSM) Program. The GSM is designed to help overcome skill shortages in the ACT by helping a select number of skilled migrants to settle in Canberra where their skills and abilities are in demand.
1. ABOUT THE GUIDELINES
- It is entirely at the discretion of the ACT Government whether an applicant is offered a nomination under the Skilled Migration program. The ACT Government, through its Skilled and Business Migration (SBM) Program, will consider applications for nomination from skilled migrants who have:
- an occupation on the ACT ‘State Migration Plan (SMP) Occupation List’;
- recent, relevant work experience in the nominated occupation where there are known sufficient employment opportunities in the ACT at time of lodgement;
- skills and experience that will be of benefit to the ACT economy;
- work experience in an industry relevant to the ACT. Experience in heavy industry or manufacturing; production; international airlines; mining; shipping; oil; railways; etc will generally not be considered relevant.
- sufficient English language ability to enable reasonable employment opportunities in the current Canberra labour market;
- sufficient financial resources to settle in Canberra while seeking employment;
- a demonstrated commitment to living and working in Canberra for at least 2 years from visa grant; an
- met all visa requirements for General Skilled Migration.
- are permanently residing in Canberra; and
- have been employed full time with an ACT employer, in the nominated occupation, for at least nine months.
- a Curriculum Vitae (CV) clearly stating current and past work experience;
- a current skill assessment in the nominated occupation that is relevant to the ACT;
- an IELTS result with a minimum score of 8 in speaking and 8 overall; and
- evidence that there are, currently, sufficient ACT employment opportunities in your nominated occupation e.g. personal research into recent, relevant advertised positions that would suit your skill set.
2. ABOUT THE ACT GOVERNMENT NOMINATION PROGRAM
3. APPLICANTS ALREADY LIVING IN AUSTRALIA
Applicants already living in Australia can only apply for ACT nomination if they:
4. ACT STATE MIGRATION PLAN (SMP) – OCCUPATION LIST
The SMP Occupation List identifies occupations that are currently in demand in Canberra. The occupations listed do not relate to a specific job vacancy, nor represent a guarantee of a job in a specific occupation.
The applicant should understand that the ACT Government is NOT responsible for finding employment or for providing any form of financial assistance.
Applicants must compete for employment vacancies with all people in the labour market as part of a normal selection process. Success will depend on employer requirements, and the applicant’s relevant skills and experience and level of
English language ability.
SMP Occupation List updates
The SMP Occupation List will be updated on a regular basis to show the current status of the skill demand against each occupation, as demonstrated below:
| Closed | nomination places are not available for this occupation. |
| Limited | nomination places are limited. Occupations must be VERIFIED before the application for nomination is lodged. |
| Open | nomination places are available for this occupation. |
5. VERIFICATION OF ‘LIMITED’ OCCUPATIONS
A ‘limited’ occupation indicates that the current ACT target for this occupation is almost met. Applicants seeking nomination of a ‘limited’ occupation must have the occupation verified by the SBM Unit before an application for nomination is lodged.
A ‘limited’ occupation will be verified and considered for nomination if the SBM Unit is satisfied that the applicant has a high level of English ability and is able to demonstrate exceptional skills relevant to current employment opportunities in the ACT. To verify a ‘limited’ occupation, the applicant must provide the following information:
The verification request must be emailed to: businessmigration@act.gov.au
The applicant will be informed, by email, whether the occupation has been verified. Verification is not a guarantee that the nomination will be approved, only that the application will be accepted and assessed against the sponsorship criteria.
If an application for a ‘limited’ occupation is lodged without verification, the application will be automatically recommended for refusal.
An application nominating a verified occupation must be lodged within one (1) month of verification. Applications received after this time limit will be automatically recommended for refusal.
A copy of the verification email must be submitted with the application.
6. OCCUPATIONS NOT ON THE SMP OCCUPATION LIST
Canberra residents who do not have an occupation on the SMP Occupation List may still apply for nomination if:
- their occupation is on the DIAC Skilled Occupations Lists 1&2 (Schedule 4);
- they have been employed full time in Canberra for at least twelve months before applying; and
- the position is available for at least two years and located in Canberra.
Contact the SBM Unit, by email at businessmigration@act.gov.au to discuss before applying for nomination.\
7. APPLYING FOR ACT GOVERNMENT NOMINATION
ACT Government Requirements
In addition to the DIAC requirements, the ACT Government will use the following criteria to assess nominations. An application for ACT Government nomination must include the following:
- Completed online application. A hard copy of the application form and all supporting documents must be mailed / couriered to the SBM office.
- Processing will not commence until the hard copy of the complete application is received by the SBM Unit. A lodgement receipt will be emailed when the hard copy is received.
- Signed and witnessed ‘Declaration of Nomination Obligations acknowledging and accepting ACT Government nomination obligations (see attachment A).
- An occupation listed on the current SMP Occupation List. If the occupation is ‘limited’ a copy of the verification email and evidence of job research must be included.
- English language ability. Provide evidence that you have sufficient English language ability which will provide reasonable employment opportunities in the current Canberra labour: for ANZSCO Major Group 1:
- hold a current IELTS result with a score 7 in each band (regardless of passport held).
- if the occupation is ‘limited’: an IELTS result with a minimum score of 8 in speaking and 8 overall is required.
-
for all other ANZCO Major Groups (2, 3, 4, 5, 6 or 7), either:
- hold a passport from the United Kingdom; Canada; New Zealand; United States of America; Republic of Ireland;
- an IELTS/OET result is not required if a higher level of English ability is a condition on the SMP Occupation List.
- however, if the occupation is ‘limited’: an IELTS result (with a minimum score of 8 in speaking and 8 overall) is required (regardless of passport held).
Or
- for all other passport holders, a current IELTS result with a minimum score 7 in speaking and 7 overall; or a current OET result with a minimum grade B in all sections, is required. However, a test result with a higher level of English ability is required if:
- it is an additional condition on the SMP Occupation List;
- the occupation is ‘limited’: an IELTS result (with a minimum score of 8 in speaking and 8 overall) is required.
- Current skill assessment by the relevant assessing body issued within the last 2 years. If concerns are held about the relevance of a VETASSES dated before January 2010, a new VETASSES may be requested.
- Work Experience. Provide evidence that you have a minimum 3 years relevant and recent work experience in the nominated occupation:
- Current Curriculum Vitae (CV) which clearly states personal details, educational qualifications and work experience. The experience must be relevant to the ACT economy. Experience in heavy industry or manufacturing; production; international airlines; mining; shipping; oil; or railways is generally not considered relevant to the ACT labour market.
- Current employment reference(s) which support 3 years recent and relevant work experience in the nominated occupation.
- Commitment to Canberra. You must provide a statement, (no more than two pages), demonstrating your commitment to living in Canberra for a minimum two year period from visa grant. The statement should:
- explain, in your own words, why you want to live in Canberra. Explain how Canberra’s lifestyle would suit your way of life more than any other city in Australia.
- provide evidence that you have personally researched Canberra’s lifestyle and attractions;
- provide evidence that you are satisfied that there are currently sufficient ACT employment opportunities in your nominated occupation e.g. personal research into recent, relevant advertised positions that would suit your skill set;
- provide evidence that you have researched the cost of living (rent, food, transport, etc) and that you have a realistic understanding of the costs involved upon arrival in Canberra and while you seek employment;
Simply providing copied information from the internet or another source will not be considered sufficient evidence of your commitment to living in Canberra and may be cause for refusal.
Email the ‘commitment statement’ (in word format) to businessmigration@act.gov.au.
- Financial capacity: Signed and witnessed ‘Declaration of Financial Capacity’ - see Attachment B.
- The main applicant must have at least A$20,000 in transferable assets, with A$10,000 for each additional dependent family member, to assist with successful settlement and employment search in Canberra. Supporting financial evidence, in the name of the applicant/spouse, must be provided, including:
- Bank statements for the last three months immediately before applying for nomination.
- term deposits/investments/share portfolio/ provident funds etc.
- The following assets will not be considered ‘transferable’:
- funds held in another persons name (except spouse);
- fixed/immovable assets like property or land;
- jewellery, house hold items, cars or motor cycles;
- cash in hand; and
- life insurance policy.
- If you are unable to meet the financial criteria required above, you may request a waiver, in writing, and explain how you will fund your move to Canberra (including visa fees, air fares, accommodation and living costs for at least 6 months while finding employment etc). The following supporting documentation must be provided:
- evidence of funds – 3 months current bank statements;
- evidence of any fixed assets and proof of equity (current valuation and any outstanding debt(s) against the asset). You must explain what will happen if you are unable to sell the asset before moving to Canberra e.g. how you will fund your travel and settlement; and
- evidence of research into the cost of living in Canberra, with an estimated budget e.g. accommodation, transport, utilities and food etc.
- Previous DIAC applications. If you have already lodged an application for a skilled migration visa you must provide a copy of the DIAC form 1276 or DIAC form 47SK Application for General Skilled Migration.
- Family relationships. If you have close family members living:
- in Canberra: provide evidence of their ACT residency and relationship to you.
- elsewhere in Australia: provide details of the State/Territory they live in and relationship to you. You must explain why you have chosen to live in the ACT and not in their state/territory.
- Nomination by another state / territory government: if you have applied to another state / territory government for nomination, you must explain why you have now applied to the ACT.
- Personal Information:
- copy of passport (bio page and Australian visas if any) for main applicant and dependents included in the nomination.
- evidence of formal qualification. a completed and signed form 956 Appointment of a migration agent (if applicable).
- Already living in Australia(if applicable) - if you are already living in Australia, you must provide evidence:
- that you are living in Canberra:
- ACT drivers licence.
- banks statements for the three months immediately prior to the application being submitted.
- property purchase / rental agreement.
- current utilities bills e.g. landline phone; electricity and gas etc.
- any other documents that may prove your ACT residency.
- that you are working in Canberra in the nominated occupation for at least 9 months e.g. employment contract and pay slips.
- Service fee: A$275 payable on lodgement of nomination application.
8. LODGING THE NOMINATION APPLICATION
- An application for Subclass 176 nomination can be accessed through the SBM website at http://www.business.act.gov.au/skilled_and_business_migration/skilled_migration.
Once the form is completed online: - save the application as a .pdf file, print and send/courier a hard copy of the application and all supporting documents to:
- The Manager
ACT Skilled and Business Migration Program
Chief Minister’s Department
By hand: Reception, Canberra Nara Centre, 1 Constitution Ave, Canberra, ACT.
By mail: GPO Box 158, Canberra, ACT, 2601. - email the ‘commitment to Canberra’ statement as a word.doc to businessmigration@act.gov.au.
9. SERVICE FEE: A$275
- The ACT Government charges a service fee for processing applications for ACT Government (Subclass 176) Nomination. The application will not be accepted for processing until the service fee is paid.
10. PAYMENT OF SERVICE FEE
- By Credit Card
The service fee may be paid by credit card by selecting ‘pay now’ on the online application form. - or
- Bank / business cheque / money order
The service fee may be paid by bank / business cheque / money order by selecting ‘pay later’ on the online application form.
Payable to: Chief Minister’s Department. - or
- Electronic Funds Transfer (EFT):
Commonwealth Bank—Ainslie Ave, Canberra, 2601
BSB: 062987
A/c: 10000157
Account name: ‘CMD Operating Account’
Reference: Skilled-Sponsored: Insert applicants name and date of birth
International clients: Commonwealth Bank SWIFT code (CTBAAU2SXXX), - Include a copy of the EFT receipt with the application or email details of EFT, including receipt number and bank name, to: businessmigration@act.gov.au (Please note: Your bank may charge a transaction fee for processing the EFT. This charge must be paid by the applicant and is in addition to the service fee.)
11. RECEIPT OF APPLICATION
You will be informed, by email, when the hard copy of your application has been received by this office and accepted for processing.
12. PROCESSING OF COMPLETE APPLICATIONS
A ‘complete’ application includes all the required forms, fee and supporting documents when it is lodged. A checklist of required documents is at Attachment C.
If an application is ‘complete’ the case officer can make a decision without having to contact the client for further information.
Applications which are submitted ‘incomplete’ will be recommended for refusal.
13. ASSESSMENT OF APPLICATIONS
It is entirely at the discretion of the ACT Government whether or not applicants are nominated for a Skilled Migration visa. You will be offered nomination if the ACT Government is satisfied that you have met the criteria listed on page 2.
14. PRIORITY OF PROCESSING
Complete applications for nomination will generally be processed within 60 working days. Applicants should note that this timeframe may vary depending on demand. The current processing dates are available on our website –
http://www.business.act.gov.au/skilled_and_business_migration/application_processing_times. Please do not contact the SBM Unit before this time elapses to enquire about the progress of the application as constant enquiry is time consuming and can delay processing.
15. NOMINATION NOTIFICATION
You will be notified of the outcome of the ACT Government nomination application by email.
16. NOMINATION VALIDITY
If ACT Government nomination is approved, the skilled migration visa application must be lodged with DIAC within three months from approval date. The nomination will automatically cease after three months if the DIAC application is not lodged in time.
17. WITHDRAWAL OF NOMINATION
The ACT Government reserves the right to withdraw the nomination if the SBM Unit is satisfied that:
- your commitment to living in Canberra for at least two years from visa grant is not ongoing or genuine;
- you have provided false or misleading information or statements in your application for nomination;
- you have lost contact with the SBM Unit and you are not contactable by email.
If the ACT nomination is withdrawn, the SBM Unit will notify DIAC that the nomination has ceased. This could result in your visa application being refused by DIAC.
18. LODGING THE VISA APPLICATION
On lodgement of the visa application, DIAC will inform you of your File Reference Number (FRN) for manual visa applications or the Transaction Reference Number (TRN) for online visa applications.
The FRN/TRN must be emailed to businessmigration@act.gov.au within one week of visa lodgement or the ACT Government nomination may cease.
On receipt of the FRN/TRN, the ACT Government endorsed nomination form 1100 State/Territory nomination will be sent to the Adelaide Skilled Processing Centre for attachment to your skilled migration application.
If you do not tell us of your FRN/TRN we cannot inform DIAC that your skilled migration visa application has been nominated by the ACT Government.
19. STATE/TERRITORY NOMINATED VISA DECISION
You must inform the ACT Government of the outcome of your State/Territory nominated visa application and, if approved by DIAC, the expected date of your arrival in Australia by:
• Email: welcometocanberra@act.gov.au
20. CANBERRA SETTLEMENT – RELOCATION WEBSITE
Once you have informed us that your visa has been granted you will be given access to The Canberra Information Portal: a complete self-service website designed to support skilled migrants nominated by the ACT Government.
The Canberra Information Portal is a purpose-built self-help website that will enable you to proactively prepare for and then settle in Canberra. For 6 months from pre-arrival through to settling-in, a virtual relocation consultant guides you through your journey of resettlement and tailors quality and up-to-date local information to suit your particular needs.
As well as answering your questions, The Canberra Information Portal facilitates independent research and introduces the range of suburbs most likely to suit your family’s lifestyle, housing, education, community and budget requirements and enables many of the particle tasks that need to be done.
21. ‘WELCOME TO CANBERRA’ SETTLEMENT SERVICE
The ACT Government’s SBM Unit provides a free settlement service to help nominated migrants settle into Canberra. Visa grant is just the start of the migration process. Moving to a new country and starting a new life can be quite overwhelming. The settlement service is provided to help our new arrivals feel comfortable about the move they have made. The ‘Welcome to Canberra’ Team will:
- happily answer any questions (no matter how small), about life in Canberra.
- meet new migrants at a pre-arranged informal meeting following their arrival in Canberra.
- refer you to the Canberra Settlement Service (CSS) for support and advice.
22. CANBERRA SETTLEMENT SERVICE (CSS)
The CSS will help you start enjoying the wonderful lifestyle and employment opportunities on offer in our beautiful city. The free service provided by the CSS includes:
- a meet & greet service, during business hours, at Canberra airport/bus/terminal (if required) and transfer to accommodation (arrival details will be passed to the CSS following contact with the Welcome to Canberra team). At least 4 weeks notice is required for this service.
- an initial meeting and follow up phone call to discuss settlement needs.
- a two hour guided tour of Canberra, including a visit to schools (if required).
- employment support – connection with employers and recruitment agencies.
- advice on finding long term rental accommodation
If you would like more information about our complimentary Settlement Service, contact the ‘Welcome to Canberra’ team by:
• Email: welcometocanberra@act.gov.au,
MONITORING PROGRAM
ACT Government nominated migrants have been nominated to live and work in Canberra for a minimum period of two years from first arrival. After your ACT nominated visa has been granted, you are required to:
- Contact the SBM Unit and confirm your expected date of arrival in Canberra and whether you would like to take advantage of the free Canberra Settlement support.
- Contact the SBM Unit within one month of your first arrival in Canberra and confirm your contact details.
- Complete settlement surveys at 6, 12, 18 and 24 months after arrival.
- Inform the SBM Unit of any change to your contact details in Canberra for two years after arrival in order to receive the settlement surveys.
DISCLAIMER
By applying for nomination, the applicant acknowledges that the ACT Government is not responsible for finding employment, accommodation or providing a financial incentive to Territory nominated visa holders or other skilled migrants. 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 territory nomination. ACT Government nomination is exclusive to the ACT and is NOT transferable to any other State or Territory in Australia.
CONTACT DETAILS For further information about ACT Government’s Nomination program, contact the ACT Government’s Skilled and Business Migration Unit by:
|
AUSTRALIAN CAPITAL TERRITORY (ACT) NOMINATION APPLICATION SUBCLASS 176 VISA
I (name)……………………………………………………………………… (DOB)……/…../……
of (address)…………………………………………………………………………………………
do solemnly and sincerely declare that:
- The information contained in my application for Australian Capital Territory (ACT) Government nomination is true and accurate.
- On lodgement of my visa application, I will inform the ACT Skilled and Business Migration (SBM) Unit of my File/Transaction Reference Number (FRN/TRN) within seven days of receipt from DIAC.
- I understand that the ACT Government reserves the right to withdraw the nomination if, at any time until the visa is granted, they are satisfied that:
- my commitment to living in Canberra, for at least two years from visa grant, is not ongoing and genuine;
- I have provided false information or statements in my application for nomination;
- I have lost contact with the SBM Unit and am not contactable by email.
- I will inform the SBM Unit of the progress of my visa application, when the visa application is decided by DIAC and, if approved, my expected arrival date in Australia.
- I understand that the ACT Government has an obligation to report the location of migrants under this scheme and agree to:
- contact the SBM Unit when my visa has been granted and confirm my expected arrival date in Canberra;
- contact the SBM Unit within one month of my first arrival in Canberra and confirm my contact details;
- complete settlement surveys at 6, 12, 18 and 24 months after arrival; and
- inform the SBM Unit of any change to my contact details in Canberra for two years after arrival in order to receive and complete the settlement surveys.
- I have the financial resources to support myself and any dependants while becoming established and finding employment in Canberra as stated on the Declaration of Financial Capacity form.
- I understand that Commonwealth government social security benefits are not available until I have permanently resided in Australia for two years.
- I understand that the ACT Government in not responsible for finding employment, accommodation or providing a financial incentive to State/Territory nominated visa holders or other 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 territory nomination.
- I acknowledge that ACT Government nomination is exclusive to the ACT and is NOT transferable to any other State or Territory in Australia.
- I agree to live and work in the ACT for at least two years after the visa is granted.
………………………………………………………..… Date: ……./……./…….
(Signature of applicant)
…………………………………………………………. Date……./……./…….
(Signature of witness and print name)
DECLARATION OF FINANCIAL CAPACITY
To be completed by Applicant for nomination for migration to the
Australian Capital Territory (ACT).
(Assets of spouse may be included if spouse is migrating with principal applicant)
| Full Name of Applicant | Date of Birth |
| Full Name of Spouse | Date of Birth |
Assets listed must be in name(s) inserted above only. Assets in another persons name will not be considered.
Assets NOT listed below, e.g. jewellery, insurance policies, cars, boats etc will not be considered.
| Item | Amount in Local Currency | Amount in Australian Dollars | Supporting documentation attached |
| Cash/Bank Savings | |||
| Net value of Property/Properties | |||
| Net value of other investments and Maturity Date (if applicable) | |||
| Other Assets | |||
| Total | |||
| Please continue on a separate sheet if necessary | |||
- I/we ATTEST that I/we have the financial resources indicated above available tor immediate transfer on migration to the ACT.
- I/we confirm that this is the net value of resources owned by me/us.
Signature (1) ……………………………………………………………………………/……/…….…
Signature (2) ……………………………………………………………………………/……/………..
Witnessed and Signed by a Notary Public, Justice of the Peace or any Government or other official authorised to attest the authenticity and accuracy of information in this pro forma.
|
Seal/Stamp of Bank or Notary Public: |
176 NOMINATION CHECKLIST
The following documents must be provided at the time of application:
| REQUIRED DOCUMENTATION | YES |
| Completed online application. A hard copy of the application form and all supporting documents must be mailed / couriered to the SBM office. | |
| Signed and witnessed ‘Declaration of Nomination Obligations. | |
| Evidence of English language ability | |
| Current skill assessment by the relevant assessing body issued within the last 2 years. | |
| Verification email (for limited occupations only). | |
| Current Curriculum Vitae (CV). | |
| Current employment reference(s) which support 3 years recent, relevant work experience in the nominated occupation. | |
| Signed and witnessed ‘Declaration of Financial Capacity’ | |
| Evidence of transferable funds. | |
| Copy of DIAC visa application (if applicable). | |
| Copy of Commitment to Canberra statement (and emailed to businessmigration@act.gov.au). | |
| Evidence of family relationships, if they are living in Australia, and supporting statement. | |
| Evidence of other state / territory nomination (if applicable). | |
| Copy of passport (bio data page and Australian visas if any) for main applicant and dependents. | |
| Evidence of formal qualification | |
| Completed and signed form 956 Appointment of a migration agent (if applicable). | |
| Evidence of ACT residence (if applicable) | |
| Service fee: $A275 |
| Complete Applications A ‘complete’ application includes all the required forms, fee and supporting documents listed above. Applications submitted without all the required supporting documentation will be automatically recommended for refusal. |