What is the training visa 407?

The training visa is a temporary residence visa which allows you to participate in occupational training activities, including classroom-based professional development activities, to help to improve your skills. It requires sponsorship by an Australian organisation or government agency (including a foreign government). You must also be nominated for the training visa (unless your sponsor is a Commonwealth Government agency, in which case you will need to be invited in writing). The training visa can be granted for a period of up to 2 years and permits unrestricted travel to and from Australia for the duration of the visa. You can also include certain members of your family unit as dependent visa applicants, allowing them to accompany you to Australia.

We provide an overview of the training visa below, including what this visa allows you to do, the application process and valid application lodgement and visa grant requirements. We also discuss some other potential visa options which you may be able to consider, should you decide not to apply for a review, or if the review option is not available to you.

The subclass 407 visa is a sponsored visa designed to help you to improve your skills in your current occupation, area of tertiary study, or to participate in a professional development training program in Australia. It is not suitable for applicants whose sole purpose is to perform work in Australia but rather, to engage in workplace-based training.

The application process consists of the following 3 stages:

  1. Sponsorship application – to be lodged by your proposed sponsor (unless they are already an approved temporary activities sponsor). Your proposed sponsor may already have an existing Sponsorship approval in place, in which case they would not need to lodge a sponsorship application (they are valid for 5 years).
  2. Nomination application – to be lodged by your proposed sponsor (unless it is a Commonwealth agency)
  3. Visa application – to be lodged on your own behalf

Your proposed sponsor will be required to abide by several sponsorship obligations as a condition of their sponsorship approval. The current sponsorship application lodgement fee is $420.

The nomination application relates to the position which you are being nominated for and which is required for allapplications. Nomination requirements will differ, depending on the purpose of the proposed occupational training (there are 3 types, further discussed below in this article). The current nomination application lodgement fee is $170.

What are the eligibility requirements for the training visa?

To qualify for visa grant, you will need to satisfy the following criteria:

  • be aged 18 years or over (unless exceptional circumstances exist)
  • satisfy an English language requirement, with a minimum FunctionalEnglishcompetency level
  • have an approved temporary activities sponsor
  • if your approved sponsor is not a Commonwealth agency, an approved nomination is required.
  • Health and character requirements
  • Adequate health insurance cover must be arranged for the duration of your intended stay in Australia (depending on your country of passport, you may be covered by a reciprocal healthcare agreement)
  • Genuine temporary entrant requirement – you must demonstrate that you intend to stay temporarily in Australia for the purpose for which the training visa is granted, namely, to engage in workplace-based training. In assessing this criterion, the Department will consider the following:
  • Your circumstances in your home country
  • Your potential circumstances in Australia
  • Your immigration history
  • The value of the course to your future
  • Your record of compliance with previous visa conditions, and intention to comply with training visa conditions
  • Any other relevant matter
  • Currently have adequate means of support (or have access to) financial resources to support yourself during the period of your intended stay in Australia. No minimum financial requirement has been set by the migration legislation, and this will instead by determined on a case-by-case basis, having regard to salary expected to be earned by working in Australia, and support provided by third parties such as family members. The Department may also refer to Student Visa financial capacity requirements in making its assessment.
  • Have a good immigration history
  • If you are applying from onshore, you must either:
  • Currently holda temporary substantive visa, excluding one of the following:
  • Subclass 403 (Temporary Work (International Relations) visa in the Domestic Worker (Diplomatic or Consular stream)
  • Subclass 771 (Transit) visa or
  • Special Purpose visa

A substantive visa is any visa excluding a bridging, criminal justice or enforcement visa.

  • Have helda substantive visa (excluding one of the visas listed above) and apply within 28 days after your last substantive visa ceased to be in effect

What are the nomination types and requirements for a training visa?

The occupational training must be workplace-based. Under Departmental policy (which is not legally binding, but is nevertheless a useful guide to help determine how Immigration is likely to interpret and apply the migration provisions), the occupational training program should satisfy the following:

  • include at least 30 hours training per week; and
  • at a minimum, 70% of that training must be conducted in the workplace (i.e. not in a classroom or similar teaching environment).

Nomination type 1: Occupational training for registration

To qualify under this nomination type, the workplace-training must be a requirement for you to obtain registration, membership or licensing in your occupation, to enable you to be employed in Australia or in your home country. You must also have the appropriate qualifications and experience to undertake the occupational training.

Nomination type 2: Occupational training to enhance skills

This is the most common nomination type. It requires the occupational training to be a structured workplace-based training program which is designed to meet your training needs, as the nominee.

You must nominate a skilled occupation from a specified occupation list and have at least 12 months full-time employment experience in your nominated occupation (in the 2 years immediately before lodgement of the application) to qualify under nomination type 2.

Nomination type 3: Occupational training for capacity building overseas

This final nomination type comprises the following 3 categories:

  1. Overseas qualification

To be eligible under this first category, there must be a requirement that for you to obtain a qualification from a foreign educational institution, you must complete, over a period of 6 months or less, practical experience, research or observation. Additionally, this required occupational training must be in the form of a structured workplace‑based training program specifically tailored to meet your training needs.

  1. Government support

Under this category, the occupational training must be supported by a government agency in Australia or by the government in your home country. It must be a structured workplace-based training program specifically tailored to your training needs (including the duration of the training program).

This category would be suitable where, for example, the Australian Government has entered into an agreement with the Government of another country (e.g. a developing country), to provide occupational training to its residents in Australia.

  1. Professional development

The last category requires the following criteria to be satisfied:

  • you must occupy a managerial or professional position for an overseas employer;
  • the proposed occupational training must be relevant and consistent with developing your managerial or professional skills, and will provide skills and expertise which are relevant and consistent with the business background of your overseas employer; and
  • the training must principally be delivered via face‑to‑face teaching in a classroom or in a similar environment (at least 55% of the overall training program according to Departmental policy).

For an occupation to be considered at the managerial or professional level, it would generally need to classified as a Major Group 1 or 2 occupation under the Australian and New Zealand Standard Classification of Occupations (ANZSCO), however this is not mandatory and each application will be determined on its own merits.

As a training visa holder, you will be bound by condition 8102, which prescribes that you must not perform any (remunerated) work in Australia, other than the workplace training programme as per your approved nomination.

How do you apply for a training visa?

The application is made online (except in certain specified circumstances where a paper form is required). Eligible members of your family unit who are applying as your visa dependents are to be included in your visa application (i.e. as a combined application).

The current visa application charges for the training visa, payable at time of lodgement, are set out below:

Visa classApplication lodgement fees – Main ApplicantApplication lodgement fees – Additional Applicants
Subclass 407 visa$285Under 18: $75

Over 18: $285

 

A payment surcharge may also apply (depending on your method of payment).  ‘Additional applicant’ refers to your family members who are also applying for the training visa.

If you are already a training visa holder and you are applying for a further subclass 407 visa onshore, a Subsequent Temporary Application Charge (STAC)may also be payable.

Training visa applications are currently taking between 55 and 75 days to process (for 75-90% of applications lodged).

What other visa options may be available to you?

You might like to consider applying for a subsequent student visa which will allow you to complete an additional qualification in Australia, and which may then give you the option to apply for a graduate visa in the future. To be eligible for grant of a student visa, you must satisfy a Genuine Temporary Entrant (GTE) requirement. This will involve demonstrating to the Department why you wish to study further and gain another qualification, and how this will help to improve your employment prospects and income-earning capacity upon your return to your home country.

Alternatively, you could work on gaining the necessary attributes to qualify for a skilled visa from offshore after you depart Australia. This might include gaining skilled work experience, preparing for and completing an English test or gaining a higher qualification, etc. Although Australian work experience can help you to qualify for a points-based skilled visa quicker than if you gain the work experience overseas, your offshore experience may still nevertheless be sufficient to meet visa grant requirements. Overseas work experience is also accepted for employer sponsored and nominated visas.

Australia’s migrations laws are complex, and each case is different. We recommend that you seek professional advice before you proceed with applying for a graduate visa, as being fully informed about the process and requirements that apply will prevent you getting caught out when lodging your application and likely also to give you the best chance of achieving a successful outcome.

Several terms mentioned in the above article are defined in the migration provisions. It is vital to have a good understanding of these terms and how they apply in practice. Detailed advice about these is beyond the scope of this article and we would therefore recommend that you seek further information in this regard.

For up to date advice book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.