The Skilled Work Regional Visa is an extremely popular pathway to Australia, which allows skilled foreign workers to reside, study and work in a designated regional area in Australia. Not only does this help Australia attract foreign talent to the country, but it also helps regional areas in Australia grow and develop in multiple manners. 

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While there are several subclasses under the Skilled Work Regional Visa, this blog will be delving into Subclass 491 and Subclass 190 for applicants who wish to apply to the Australian Capital Territory (ACT). 

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The ACT houses the country’s capital, Canberra, making it a highly important state. A vibrant and diverse state, the ACT is known for its many historical, federal and national institutions and monuments. The ACT is a hub for industries such as ICT, digital commerce, renewable energy, defence and aerospace - all of which are futuristic industries and important contributors to the Australian economy. 

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To begin with, let us understand the difference between a 491 Visa and a 190 Visa. In essence, the 190 Visa is for applicants looking to directly obtain permanent residency (PR). While the 491 Visa is a transitional visa, this means that holders of a 491 Visa will be allowed to apply for PR after living, working or studying in Australia for a certain number of years. 

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It is important to note that the Federal Government bears the responsibility for Australia’s migration program, which also includes the allocation of available places across different program streams and making important decisions on visa applications. 

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Under an agreement with the Federal Government, state/territory governments are allowed to nominate a limited number of applicants for a limited number of skilled, business and investor visa subclasses.

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Updates for the ACT Skilled Migration Program 

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The ACT government announced that their allocation number for the Skilled Work Regional Visa (Subclass 491) is 2025. For the Skilled Work Regional Visa (Subclass 190), the number of allocations is also 2025. 

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There is also a possibility that the minimum Canberra Matrix score required to receive an invitation to apply to the ACT for a 190 Visa nomination will be dropped. The Canberra Matrix is essentially a scoring system that ensures all applicants who will make/have made a positive economic impact on the state and/or have demonstrated a genuine commitment to the ACT are likelier to be ranked and invited to apply for an ACT nomination. 

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Due to the allocation split of the 491 and 190 Visas, applicants are likelier to be invited to apply for the 491 pathway. Depending on factors such as occupation and demand, the minimum scores required for a 190 Visa invitation may be higher. 

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Invitations to eligible applicants will most probably be issued on a fortnightly basis, depending on the number of applications that have been lodged. However, the frequency of the invitation rounds may differ depending on an array of factors such as allocation, processing capacity and demand.

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ACT Skilled Work Regional Visa (Subclass 491) 

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As stated above, the ACT Skilled Work Regional Visa (Subclass 491) allows skilled foreign workers to study, work and reside in designated regional areas of Australia for a period of 5 years. 

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The 491 Visa for the ACT comprises 2 different pathways - for Canberra residents and overseas applicants. Applicants will be required to select either pathway depending on their location of residence at the time of application.

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Canberra Resident Eligibility Requirements

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Applicants opting for this pathway must:

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• Meet one of the following conditions:
• Their nominated occupation is on the ACT Critical Skills List, or
• They are the primary holder of Subclass 457/482 Visa sponsored by an ACT employer:‍
• Be residing in Canberra for the past 3 months and continue to reside until the date of invitation:‍
• Their bank statements/transaction history must record ACT banking activity from the date of their claimed arrival in Canberra until the date of invitation‍
• Be working in Canberra for the past 3 months:‍
• They must have worked for a minimum of 20 hours per week in each of the 13 weeks until the date they submit their Canberra Matrix
• Their employment in Canberra was continuous for those 13 weeks 
• They have worked in a genuine position in accordance with Australian terms and conditions of employment 
• They were in paid employment - internships, stipends, scholarships and volunteering will not be eligible for a nomination 
• Their employment does not have to be permanent 
• Their weekly income is no less than the relevant market salary rate 
• They can work for more than 1 employer or be self-employed 
• Their employer must declare that the applicant was employed in a genuine position in accordance with the Australian legislation
• Applicants working in a large organisation may get the statutory declaration signed by their manager or direct supervisor
• If they are working in Canberra for an interstate employer, there must be a genuine reason why they are based in Canberra‍
• Must have at least proficient or superior English language skills, unless their nominated occupation is: ‍
• Chef (351311)
• At an ANZCO Skill Level 3 to 5
• ‍Sign a declaration committing to reside and work in Canberra while their visa is processed, for at least 2 years from the date of the visa grant 

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Self-employed applicants who are not claiming Canberra Matrix points as a Small Business Owner must: 

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• Earn a total (taxable) income of at least AUD $520 per week in each of the 13 weeks immediately before submitting their Canberra Matrix 
• Have at least 12 months' worth of ACT business activity on their ABN 
• Must sign a statutory declaration confirming their ABN, location of ACT business, the start date of the business activity, duties and annual income 

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Small Business Owners are:

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• Eligible to claim Canberra Matrix points in the Small Business Owner category 
• Must sign a statutory declaration confirming the details of their ACT Small Business activity 

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Applicants who have a spouse/de facto partner applying with them also have to fulfil certain criteria:

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• Their spouse/de facto partner was a resident in Canberra for the past 3 months or living overseas:
• Applicants must provide proof of relationship for their spouse/de facto partner
• The spouse/de facto partner must have competent English language skills, or hold an Australian passport

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Overseas Resident Eligibility Requirements

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Applicants opting for this pathway must:

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• Have their nominated occupation on the ACT Critical Skills List 
• Be living overseas: ‍
• Have not lived in Australia for the past 12 months 
• Do not hold a current Australian visa (or bridging visa) - only an Australian Visitor Visa ‍
• Must be working full-time in their nominated occupation
• Hold at least 3 years of full-time, post-graduate work experience in their nominated occupation 
• Prove that their skills and experience in their nominated occupation are relevant to the ACT economy 
• Hold relevant Australian registration or licencing (if applicable to their nominated occupation) 
• Have researched the ACT labour market and are satisfied with their employability in Canberra:‍
• Must attach an employment statement explaining the research they have undertaken and confirming that they are employable in Canberra ‍
• Must have proficient or superior English language skills: ‍
• Holders of a valid passport from the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland need not fulfil this requirement‍
• Have access to sufficient funds to fund their migration and settlement in Canberra 
• Submit a commitment letter to their application, explaining why they want to live in Canberra and describe their future lifestyle: ‍
• The letter must be written in the applicant’s own words ‍
• Sign a declaration committing to reside and work in Canberra while their visa is processed, for at least 2 years from the date of the visa grant 

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Applicants who have a spouse/partner applying with them also have to fulfil certain criteria:

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• Proof of their relationship must be provided - either a marriage certificate or a civil partnership/union certificate:‍
• Kindly note that the ACT does accept claims for a de facto partner ‍
• The spouse/partner must have competent English language skills or hold an Australian passport 

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ACT Skilled Work Regional Visa (Subclass 190) 

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Subclass 190 of the ACT Skilled Work Regional Visa is a direct pathway to permanent residency (PR) for applicants. There is no transitional period, once the applicant receives their 190 Visa, they can permanently reside, work and study in Australia. Applicants need to be nominated by a state or territory government. 

The 190 Visa for the ACT comprises 2 different pathways - for Canberra residents and overseas applicants. Applicants will be required to select either pathway depending on their location of residence at the time of application.

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Applicants opting for this pathway must:

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• Meet one of the following conditions:‍
• Their nominated occupation is on the ACT Critical Skills List, or
• They are the primary holder of Subclass 457/482 Visa sponsored by an ACT employer‍
• They are the majority owner of an eligible registered business located in the ACT and are claiming Canberra Matrix points in the Small Business Owner category ‍
• The following kinds of businesses are not eligible for nomination: sub-tenancy, ride-share, taxi, delivery, courier services or an on-sold business previously used to qualify for ACT nomination
• Their nominated occupation does not have to be on the ACT Critical Skills List‍
• Be residing in Canberra for the past 6 months and continue to reside until the date of invitation:‍
• Their bank statements/transaction history must record ACT banking activity from the date of their claimed arrival in Canberra until the date of invitation‍
• Be working in Canberra for the past 6 months:‍
• They are working a minimum of 35 hours per week in each of the 26 weeks until the date they submit their Canberra Matrix
• Their employment in Canberra was continuous for 26 weeks 
• They have worked in a genuine position in accordance with Australian terms and conditions of employment 
• They were in paid employment - internships, stipends, scholarships and volunteering will not be eligible for a nomination 
• Their employment does not have to be permanent 
• Their weekly income is no less than the relevant market salary rate 
• They can work for more than 1 employer or be self-employed 
• Their employer must declare that the applicant was employed in a genuine position in accordance with the Australian legislation
• Applicants working in a large organisation may get the statutory declaration signed by their manager or direct supervisor‍
• Must have at least proficient or superior English language skills, unless their nominated occupation is: ‍
• Chef (351311)
• At an ANZCO Skill Level 3 to 5 ‍
• Sign a declaration committing to reside and work in Canberra while their visa is processed, for at least 2 years from the date of the visa grant

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Self-employed applicants who are not claiming Canberra Matrix points as a Small Business Owner must: 

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• Earn a total (taxable) income of at least AUD $1,000 per week in each of the 26 weeks immediately before submitting their Canberra Matrix 
• Have at least 12 months' worth of ACT business activity on their ABN 
• Must sign a statutory declaration confirming their ABN, location of ACT business, the start date of the business activity, duties and annual income 

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Small Business Owners are:

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• Eligible to claim Canberra Matrix points in the Small Business Owner category 
• Must sign a statutory declaration confirming the details of their ACT Small Business activity 

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Applicants who have a spouse/de facto partner applying with them also have to fulfil certain criteria:

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• Their spouse/de facto partner was a resident in Canberra for the past 6 months or living overseas:‍
• Applicants must provide proof of relationship for their spouse/de facto partner
• The spouse/de facto partner must have competent English language skills, or hold an Australian passport 

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Overseas Resident Eligibility Requirements

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Applicants opting for this pathway must:

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• Have their nominated occupation on the ACT Critical Skills List: ‍
• Must be working full-time in their nominated occupation
• Must hold relevant Australian registration or licencing (if applicable to their nominated occupation)‍
• Have a full-time job offer in their nominated occupation - the position must be in Canberra and a contract for at least 2 years must be signed - the employer:‍
• Must be a Medium to Large Australian Enterprise (at least 50 employees) actively trading in Canberra 
• Cannot be trading from a home, online or serviced office 
• Must have a genuine need to employ an overseas skilled worker 
• Must demonstrate that the position is relevant to the business and cannot be filled from the local labour market‍
• Have their ACT employer declare that:‍
• They will be employed in a genuine position in Canberra in accordance with the Australian legislation
• The position is relevant to the business’s operation 
• The minimum employment period is at least 2 years 
• The employer has tested the local labour market and is unable to find an Australian citizen or permanent resident to fill the position ‍
• Must have proficient or superior English language skills: ‍
• Holders of a valid passport from the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland need not fulfil this requirement‍
• Have access to sufficient funds to fund their migration and settlement in Canberra 
• Submit a commitment letter to their application, explaining why they want to live in Canberra and describe their future lifestyle 
• The letter must be written in the applicant’s own words 
• Sign a declaration committing to reside and work in Canberra while their visa is processed, for at least 2 years from the date of the visa grant 

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Applicants who have a spouse/partner applying with them also have to fulfil certain criteria:

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• Proof of their relationship must be provided - either a marriage certificate or a civil partnership/union certificate:‍
• Kindly note that the ACT does accept claims for a de facto partner ‍
• The spouse/partner must have competent English language skills or hold an Australian passport 

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Applying for Nomination

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The nomination process for both the 491 Visa and the 190 Visa is the same. 

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Interested applicants may complete the Canberra Matrix. Their scores will be ranked by the ACT government based on the number of points that have been claimed. Applicants with ranks that meet the government’s criteria will be invited to apply for an ACT nomination. 

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Doctorate Streamlined Nomination

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Applicants who hold a Doctorate from an ACT university are offered streamlined nomination pathways by the ACT government. They can avail of a simplified application process with minimal supporting documentation, priority processing and no fees. 

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Their nominated occupation need not be on the ACT Critical Skills List. they are allowed to nominate any occupation on the Department of Home Affairs List of Eligible Skilled Occupations, as long as they partake in the mandatory skills assessment. 

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Canberra residents are eligible for this pathway if they have resided in Canberra for at least 12 months at the time of invitation and have completed a professional or research doctoral degree from an ACT university.

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Interstate or overseas residents are eligible for this pathway if they were awarded a professional or research doctoral degree from an ACT university within the last 2 years. 

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Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client.

Path Migration strongly recommends readers contact certified immigration lawyers for a holistic overview of the Australian immigration system and a detailed analysis of each case.