Honing Your Skills in Australia – Guide on Training (Subclass 407) Visa

Figuring out a visa pathway to work in Australia? Training Visa (Subclass 407) may be a bridge to meet your objective to continue to work in Australia. This visa is a temporary visa that allows holders to undergo work-based occupational training activities or professional development training programs in Australia. 

 

Who is eligible for a Subclass 407 Visa? 

  • Applicants must be 18 years old or above when they lodge for a Subclass 407 visa. 

  • Satisfy the functional English requirements

  • Hold private health insurance. 

  • Meets the health and character requirements. 

  • Be able to prove that they genuinely intend to stay in Australia for the intended purpose. 

 

What are the two different streams of the Subclass 407 Visa? 

One is the Occupational Trainees stream which the training is at least 70% on-the-job than classroom training.

The other is the Professional Development stream, which requires the trainee to be working overseas in a managerial or professional position, and the training is primarily classroom training in skills relevant to their position.  

 

What are the benefits of a Subclass 407 Visa? 

Since the Training visa is transient, the validity period is anywhere between six (6) months to two (2) years, to be determined by the Immigration Case Officer who would evaluate your application based on the requirements of your training position or professional development programme.  

If you were outside Australia when you were granted a visa, you are free to: 

  • Travel to, and remain in, Australia for the entire validity of your visa, which would begin upon arrival to the country. 

Alternatively, if you are in Australia when the visa was granted, you will be able to: 

  • Remain in Australia throughout the validity of your visa, which would begin on the day you were granted one. 

 

Are there work conditions for a Subclass 407 Visa? 

Yes, there is. Condition 8102 prohibits the main applicant of a Subclass 407 visa from engaging in work other than for which they were nominated. 

Further, Condition 8104 prohibits the secondary applicants of a Subclass 407 visa from engaging in work for more than 40 hours per fortnight while they are in Australia.  

 

Who is qualified to sponsor a Training (Subclass 407) Visa? 

To qualify as a Temporary Activities Sponsor (TAS), you must be one of the following: 

  1. Lawfully operating Organizations in Australia. 

  2. Government agency. 

  3. Foreign government agency. 

  4. No adverse information about you or a person associated with you. 

  5. Suitable as a sponsor, unless the Department of Home Affairs (DoHA) deems it reasonable to disregard this information. 

  6. Have the capacity to comply with the sponsorship obligations and directly provide the occupational training, unless exempted from this. 

If you are exempted from the requirement of directly providing occupational training, the sponsor must prove that: 

  1. They are supported by a Commonwealth agency, and the agency has provided a letter endorsing such arrangements in providing occupational training. 

  2. They are specified in a legislative instrument. 

  3. The occupational training will be provided in circumstances specified in the legislative instrument. 

Subsequently, the obligations of sponsors include: 

  1. Informing DoHA when certain events occur. 

  2. Keeping records. 

  3. Providing records and information to DoHA. 

  4. Recovering from, transferring, or changing costs of sponsorship or recruitment to another person. 

  5. Ensuring that the visa holder participates in their nominated occupation, program, or activity. 

 

How Can Agape Henry Crux Help 

At Agape Henry Crux, our Accredited Specialist(s) in Immigration Law with our team of immigration lawyers and migration agents are specialised in handling highly complex matters.  You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us to book a time at info@ahclawyers.com

We speak fluent English, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter. 

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.