Immigration Law
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TRAINING VISA – SUBCLASS 407

What is this Visa?

The training visa, subclass 407 allows people to come and remain in Australia temporarily by being sponsored by an organisation to participate in workplace-based training or a professional development training program in Australia.

The sponsor/employer can benefit from this program as it allows them access to semi-skilled or skilled individual who can contribute to the company, and at the same time the visa applicant/nominee can also benefit as it gives them the opportunity to upskill themselves via workplace-based training. The training offered to the employee or visa holder can be paid or unpaid training (as volunteers), hence providing more options for employer.

The visa holder, once granted a subclass 407 visa, can work and train with a sponsoring organisation for training and development purposes that are consistent with the purpose of the visa. However, this visa is not a working visa, so if your primary objective is to work in Australia, another visa type would be more appropriate.

The visa is generally granted for the period of training and can be for period of up to two years. Family members can be included in the visa application; however, they may have limited work rights.

 

 

What is the Application Process?

There are 3 stages involved in the application processes:

stage 1: SPONSORSHIP APPLICATION

The organisation must first be approved by the Department of Immigration as ‘Temporary Activities Sponsor’. A sponsorship application along with the supporting documents must be lodged at the Department of Immigration. The sponsorship will be valid for up to five years once approved. During the sponsorship validity, the organisation may sponsor as many individuals under this visa category as they wish. There are sponsorship obligations that the organisation must comply with as an approved temporary activities sponsor.

+ Who can sponsor visa applicants?

As a temporary activities sponsor, you must: be one of the following types of organisations:

  • an organisation lawfully operating in Australia
  • Government agency
  • Foreign government agency
  • have no adverse information known about you or a person associated with you that could a􀃗ect your
  • suitability as a sponsor, unless it is reasonable for the Department to disregard the information
  • have the capacity to comply with your sponsorship obligations and directly provide the occupational training, unless an exemption exists.

+ Exemption from the requirement to directly provide occupational training

  • the sponsor is supported by a Commonwealth agency, and the Commonwealth agency has provided a letter endorsing the arrangement for the provision of the occupational training
  • the sponsor is specifed in a legislative instrument
  • the occupational training will be provided in circumstances specifed in a legislative instrument

+ Sponsorship obligations

Approved sponsors are required to meet a range of obligations as part of their sponsorship approval.

The most common ones are:

  • To inform the Department of Home Affairs when certain events occur
  • To keep records
  • To provide records and information to the Department of Home Affairs
  • To not recover from, transfer or charge the costs of sponsorship or recruitment to another person
  • To ensure the visa holder participates in the nominated occupation, program or activity

There are a range of penalties for failing to uphold sponsorship obligations, including infringement notices, civil penalty orders, having your sponsorship approval cancelled and being barred from being a sponsor for a certain period.

 

stage 2: NOMINATION APPLICATION

Once approved as a sponsor, the second stage is for the organisation to lodge a Nomination application (unless the organisation is a Commonwealth agency). The criteria and requirements differ based on the nomination eligibility types and the type of occupational training that will be undertaken by the nominee or visa applicant.

There are three types of occupational training based on the nomination eligibility:

+ 1. Workplace-based training required for registration

This is for a person who needs to undertake workplace-based training for professional registration, membership, or licensing in Australia or the visa applicant’s home country. For instance, this can be suitable for health practitioners, nurses, etc. A letter from a regulatory body advising that the training is necessary for a mandatory registration or licensing must be included with the application.

+ 2. Structured workplace-based training to enhance skills in an eligible occupation

This is for a person who needs to undertake structured workplace-based training, in an eligible occupation. In other words, only occupations specified in a legislative instrument relevant to subclass 407 are eligible for occupational training under this type. The prior or relevant experience may be considered by the Department.

Visa applicants are required to have at least 12 out of 24 months experience in the nominated occupation.

+ 3. Training that promotes capacity building overseas

This is for students who are currently enrolled in an educational institution overseas and are required to undertake training, for students who have the support of a government agency, or for a professional from overseas who is invited to participate in a professional development training program.

stage 3: visa application

This application relates to the person who needs to demonstrate that they satisfy the prescribed visa criteria, such as age, skills, English language proficiency, health, and character. The visa applicant must also meet additional requirements that are specific to their nominated stream as outlined above.

The primary visa holder may bring their dependents with them.

All visa holders are required to maintain adequate health insurance during the duration of their visa.

 

 

What We Like About This Visa?

This visa subclass provides opportunity for employer to access skilled and semi-skilled talents or volunteers for temporary period. It is also beneficial for someone who is looking for workplace training to complement their education or to up-skill themselves in an effort to be licensed or registered in their profession.

  • Paying a salary is not a mandatory requirement to meet the requirements of this visa.

  • There are pathways for over-stayers (unlawful non-citizens), to apply in Australia.

  • It is not restricted by an occupation list.

  • Sponsors may place the visa holders at a different workplace.

  • There is room to overcome English language requirements.

  • All 3 stages - Sponsorship, Nomination, Visa applications can be lodged simultaneously.

  • The fees charged by the Department of Immigration is significantly cheaper than the subclass 482. It also does not attract expensive levy costs and there is no need to undertake a labour market testing.

 

What Mistakes Do Applicants Usually Make?

As the subclass 407 allows work, there is an abuse of this program. Therefore, in the bid of strengthening the migration program, there is a trend of refusals and problems we found with a poorly prepared application, such as:

  • Training plan does not adequately demonstrate the genuine capacity to provide a tailored and structured training to the visa applicant.

  • The visa applicant does not demonstrate at least 12 months of experience in the last 24 months.

  • The visa applicant does not meet genuine temporary entrant (GTE) test.

  • The visa applicant is unable to lodge an appeal to the Tribunal.

 

Client Testimonials

….we call it Support Network

As navigating through the immigration law process may be difficult, our former clients have agreed to share their experiences through telephone chats, emails and meeting in person.

These are their stories…

 

What Questions Do Migration Agents Ask Our Accredited Specialists

  1. Under what business structure, can a job placement company, apply to be a sponsor with the sole purpose of charging a fee to visa applicants? And is there a method which would allow the sponsor to place the visa applicant with another unrelated business?

  2. How can employers charge a payment to the visa applicants in exchange to sponsor, without being caught under the immigration offence ‘cash for visa’?

  3. How many types of visas (including streams), can a Temporary Activities Sponsor benefit from, in sponsoring more candidates? And are there any difference in the sponsorship obligation?

  4. Can a visa applicant pay for costs related to the visa applicant? or must the Sponsor pay for all costs? How do I explain & educate my client, a large company who does not wish to pay for any costs for the sponsorship because the Director feels that the visa applicant has more to benefit than the company.

  5. In what circumstances will a visa applicant lose their right to appeal a refusal?