Following the cessation of the Subclass 408 COVID visa, there has been a significant increase in the number of Subclass 407 Training visas being lodged with the Department of Home Affairs (DOHA), rising 360% during the 2024-25 financial year to 28 February 2025, compared with the same period in the previous year.
What has followed has been a high refusal rate for nomination and visa applications lodged for the Subclass 407 Training visa.
A number of other recent developments concerning the Subclass 407 visa are also being reported by Registered Migration Agents (RMAs) and migration industry advocacy group, the Migration Institute of Australia (MIA). Once issue recently identified has been the practice by DOHA of failing to provide Subclass 407 visa applicants with the opportunity to respond to adverse information in relation to their application, prior to it being refused.
So what does this mean for 407 Training visa applicants and their sponsors?
Provide Strong And Complete Supporting Documents With Your Visa Application
First up, it is crucial to ensure that you lodge a decision-ready visa application, with all required documents in support of your application being submitted at time of lodgement to enable the Department to decide your application.
It is always important to ensure when lodging any type of application with DOHA, that all supporting evidence is provided at time of lodging. But even more so now in light of the high refusal rate of Subclass 417 Training Visas, it is critical that strong and substantive supporting evidence is provided to DOHA to support the application. Failing to do so runs the risk of having the application refused.
Do not leave anything out and wait for DOHA to contact you with any outstanding information or documents they require; ensure that they have everything they need to make a decision on your application. If something in your application is unclear or requires further explanation/support, provide a written submission outlining the issue and how you meet the requirements for visa grant.
Genuine Temporary Entry Requirement
One key requirement that you must meet for grant of the visa is to genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted (also referred to as the Genuine Temporary Entrant (GTE) requirement). In assessing this criterion, DOHA will consider whether you complied substantially with the conditions to which your last substantive visa, or any subsequent bridging visa that you held, were subject; and whether you intend to comply with the conditions to which the Subclass 407 visa would be subject. If you were non-compliant (because, for example you did not comply the visa conditions, or you did not depart Australia by the visa expiry date), you will need to provide evidence and further information explaining the seriousness of your non-compliance, how recently the non-compliance occurred and whether there were any circumstances beyond your control which caused the non-compliance (according to immigration policy). This could be addressed in a written submission to be lodged with your application.
In terms of your intention to comply with the Subclass 407 visa conditions, you would need to provide evidence in support of the requirement that your primary intention is to undertake training, rather than work. Again, this could be explained in a written submission accompanying your visa application.
In assessing whether you meet the GTE requirement, the Department will also consider ‘any other relevant matter.’ According to Immigration policy, relevant matters can include:
- your economic, employment, financial and family circumstances in your home country that may present as a significant incentive for you to not return to your home country;
- your ties (including family) to Australia and incentives to remain in Australia;
- whether you have sound reasons for not undertaking the training in your home country;
- any evidence that the Subclass 407 visa is being used to circumvent the intention of the migration program and/or is being used to maintain ongoing residence in Australia.
The above list are the sort of points to address in a written submission with your application, particularly if there are factors in your situation which suggest that one or more could be an issue.
Adequate Means Of Support
Another key requirement that must be met for the Subclass 407 visa to be granted is that you must have (or have access to) adequate means to support yourself during the period of your intended stay in Australia. In assessing this criterion, immigration policy stipulates that DOHA may consider:
- the financial resources available to you, including salary to be earned in Australia, to cover expenses associated with your stay in Australia and return fare home; and
- where applicable, evidence that one or more third parties will be providing assistance (and to what extent – for example, accommodation, meals and allowances) including family members who will be working.
In terms of the level of financial support required, policy guides DOHA to consider the Student Visa capacity requirements, which are outlined in our Australian Student Visa Financial Requirements article: https://paxmigration.com.au/migration-info-centre/australian-student-visa-financial-requirements/
In a written submission, you could also address the specific State or Territory where you intend to live, as costs can vary significantly depending on your location, for example, capital cities may be more expensive to live in compared with, say, a regional or rural area.
There is also the initial cost of relocating, which, even for a relatively short period of time, is high. There are significant costs involved in travelling to Australia and setting up a home in new accommodation. Again, issues that can be explained in a submission.
Family members granted a Subclass 407 visa also have work rights and therefore their prospects of obtaining work in Australia may be taken into account in assessing this criterion under policy.
As to the source of funds, DOHA may take into account any salary that you will be earning during your stay in Australia, including any income from an overseas employer.
Under policy, acceptable sources of funding may include:
- money held in a bank account in your name (or a close family member) for at least six months before the date of the application;
- financial support from a government; and
- loan from a financial institution that is made to and held in your name.
You should provide evidence of the above, and you can also explain in more detail on the relevant points in your written submission.
Keep in mind that the GTE and financial capacity requirement are just two of the key criteria that must be met for a Subclass 407 visa to be granted. There are other important elements that must be addressed in your application. At PAX Migration Australia, we lodge a decision-ready application on your behalf, including preparing submissions (as required) as part of the strong supporting evidence that we submit with the application. Contact the experienced RMAs at PAX Migration Australia, a leading immigration advice service based in Adelaide, to assist you with your case.
Natural Justice Notification
As mentioned above, not only are Subclass 407 Training visas experiencing a high refusal rate, but it is also being reported that the current practice of DOHA is to refuse Subclass 407 visa applications without issuing a section 57 natural justice notification.
This appears to occur when the associated nomination application has been refused or withdrawn, or where a Temporary Activity Sponsorship (TAS), which is linked to the nomination, has been refused. Importantly, note that without an approved sponsorship and nomination, a subclass 407 visa cannot be granted (except in cases where your sponsor is a Commonwealth Government agency, in which case a nomination is not required). If either one of these applications is refused, the affected sponsor needs to ensure that they apply for a review to the Administrative Review Tribunal (ART) as soon as possible to preserve appeal rights on the visa refusal.
What Is A Section 57 Natural Justice Letter?
A s57 natural justice letter is an official notification from DOHA providing the Subclass 407 visa applicant with an opportunity to respond and present information to adverse information, before DOHA makes a decision on the visa application.
What Are The Implications Of Failing To Provide Notification?
In many of these cases, the visa refusal is issued on the same day as the nomination decision. As a result, applicants are not afforded review rights, which require that a nomination either be approved, or be under review, by the ART at the time of visa refusal.
Applicants affected by this loss of review rights will need to consider alternative pathways to remain in Australia. In cases where the sponsorship application which is linked to the nomination has been refused and is then subsequently approved, a new nomination and Subclass 407 visa application may be lodged, provided the applicant is eligible. If not, any further visa application would need to be lodged offshore.
These concerns have been raised with the DOHA, particularly in light of the resulting loss of review rights for affected 407 visa applicants to pursue.
Department Response
In DOHAS’s response to the MIA, it states that under current immigration procedural instructions, where a sponsorship is refused, the associated subclass 407 nomination application is marked as “otherwise finalised” in departmental systems, rather than being refused outright.
In such cases, as there is no approved nomination or a nomination under review at the time the visa decision is made, visa applicants are not entitled to review of the visa refusal under the Migration Act.
DOHA is currently seeking further advice on whether the ART has jurisdiction to review a Subclass 407 visa refusal in cases where the nomination is “otherwise finalised” following a sponsorship refusal.
Key Takeaways
In conclusion, firstly, ensure that you lodge a complete and correct application with DOHA, with strong evidence to support your claims that you meet the relevant requirements for visa grant.
Secondly, if the associated sponsorship and/or nomination application is refused, the sponsor must ensure that they apply for a review of the decision as soon as possible after it is notified, to preserve appeal rights on the visa refusal.
In cases where you do not have the opportunity to apply for a review of the refusal decision in light of the current practices of the DOHA discussed in this article, explore other options and opportunities that may be available to you to remain in Australia. We recommend that you speak with a professional to assess your eligibility for alternative visa pathways and to guide you through the process. Contact the experienced RMAs at PAX Migration Australia, a leading immigration advice service based in Adelaide, to assist you with your case.
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In conclusion, we note that the above discussion provides an overview of the issues currently being experienced with Subclass 407 visa, and the associated sponsorship and nomination applications, being refused.
Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice before you proceed with applying for a Subclass 407 Training visa, or if you are an employer who is seeking to sponsor applicants for a 407 visa, as being fully informed about the process and requirements that apply will give you the best chance of achieving a successful outcome on your application, and thus lessen the chance that it will be refused. A migration professional can help you to do this.
For up-to-date advice on applying for a Training visa, book your confidential consultation with one of our experienced migration agents in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.