Are you looking to expand your skills with a training or professional development in Australia with an Australian organisation, government agency or foreign government agency? The Training visa (subclass 407) allows Australian organisation to sponsor people travelling to Australia to participate in occupational training activities, including classroom-based professional development activities.
- At least 18 years of age unless exceptional circumstances exist
- The occupational training meets one of the nomination types
- Has functional level English
- Meets the criteria for the provision of training
- No adverse information
- No adverse consequences for Australian citizens or permanent residents
- Meets the genuine temporary entrant requirement
- Applicant has adequate means of support for the duration of their stay in Australia
- Is a genuine temporary entrant
The 407 visa is granted for a maximum of 2 years. The current processing time is about 10 weeks but buffer time is always recommended as applications are assessed by a case by case basis.
The applicant must be sponsored by an organisation that is an approved temporary activities sponsor. Unless the sponsoring organisation is a Commonwealth agency, the process micmics the Temporary Skill Shortage (TSS) visa (subclass 482) and requires a sponsor, nomination and visa application to be made.
Information that is required when making the nomination application:
- The location and contact details of each employer
- If the sponsor and the employer are not the same person, details of the relationship between that sponsor and the employer
- The location/s at which the nominated training is to be carried out
- Identify any members of the family unit who is applying as a secondary applicant
Nomination type 1: Training in the workplace that is required to obtain registration to be employed in the occupation of the visa applicant
Nomination type 2: A structured workplace training programme to improve the existing skills of the visa applicant in an eligible occupation
Nomination type 3: A training programme that promotes capacity building overseas.
- 3A: Overseas qualification
- 3B: Government support
- 3C: Professional development
Workplace based training
Nomination type 1, 2 3A and 3B must be workplace based. In other words most nomination types are required to meet the workplace based training criteria and should evidence of it. A workplace based occupational training programme:
- Involves at least 30 hours a week of training
- At least 70% of that training must be conducted in the workplace, that is, not in a classroom or similar teaching environment. Part time, classroom based study that is unrelated to the occupational training is allowed as long as it does not affect the occupational training programme. The unrelated classroom study does not count towards any component of the training programme
Details of the training programme is required to be submitted with the application. Evidence should include:
- The objectives and components of the training programme
- An assessment of the nominated trainee’s current level of skill in the identified occupation
- A training needs analysis
- Details of all supervisors, trainers and assessors, including their qualifications and experience, planned learning outcomes and how they will be monitored and assessed
Individually structured training
Nomination types 2, 3A and 3B are workplace based and individually structured training. Evidence on the the structure of the training programme that it is specifically tailored to the training needs of the nominee should be provided:
- Clearly differentiate between periods of practical work experience and periods of instruction and/or observation
- Outline the objectives, tasks and timeframes
- Include an assessment of the nominated trainee’s current level of skill in the identified occupation and
- Outline the additional or enhanced skills the applicant is aiming to gain
The tasks to be completed and outcomes to be achieved should be consistent with the objectives of the programme. The programme should have timeframes and show an increase in difficulty and complexity over time as the trainee develops their skills.
Evidence should be provided that there is supervision by appropriately qualified and experienced supervisors. An example of an appropriate qualification for a supervisor would be a Certificate IV in training and assessment. An example of appropriate experience would be someone with specialised knowledge and experience in the subject area, for example an architect with 10 years’ experience, including related experience in the area of the proposed training programme. It must be clear that the supervisor is qualified to supervise, train and assess the learning outcomes of trainees.
It is also important to demonstrate that the programme is able to track the progess of the trainee and that learning outcomes monitored and assessed. Where applicable, details of any qualifications that the trainee would receive on completion of the training should be provided.
If there is any ‘off the job’ training, details of this must also be given.
We will expand in greater detail what the nomination types are in our next article. Like us on Facebook to always be updated on our articles!
Nomination type 3C is for professional development:
- The applicant has an overseas employer and is in a managerial or professional position in relation to the overseas employer, and
- Occupational training is relevant to the development of the managerial or professional skills of the applicant, and
- Occupational training will provide skills and expertise relevant to the business of the overseas employer of the applicant, and
- Occupational training will mainly be face‑to‑face teaching in a classroom or similar environment
Generally, occupations listed in ANZSCO Major Groups 1 and 2 are considered to be ‘professional’ or ‘managerial’ occupations.
It is a requirement that the applicant possesses at least functional level English. To demonstrate that you have functional English, you must,
- Be a citizen of and Hold a valid NZ, UK, USA, Canada, Republic of Ireland passport, OR
- Holds a degree, a higher degree, a diploma or trade certificate for which all instruction was conducted in English
- Completed all years of primary education and at least 3 years of secondary education in an educational institution in or outside Australia where all instructions were in English, OR
- Completed at least 5 years of secondary education in an institution in or outside Australia where all instructions were in English, OR
- Successfully completed at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma in an institution in Australia where all instructions were in English, OR
- Have a positive functional level result through the Australian Assessment of Communicative English Skills (ACCESS) test, certified by the relevant testing body
- Achieve test results that are at or above the scores in each category in the following table:
English language test results must have been attained within 12 months before the date of lodging the Training 407 visa application.
Whilst functional English language ability is the bare requirement, the DOHA will take further consideration of the English language requirements of the occupation in which the training will take place.
Provision of occupational training requirement
- Occupational training must be provided directly by the sponsor, or
- The sponsor is supported by a Commonwealth agency and the agency has provided a letter endorsing the arrangement for the provision of the occupational training, or
- The sponsor is a higher education provider listed under Table A or B of this legislative instrument, or
- The sponsor is an entity engaged in the field of health care, scientific research, social assistance or religious services, or
- The occupational training is necessary for the nominee to obtain registration, membership or licensing in Australia, or in the home country of the nominee, in relation to the occupation of the nominee, and
- The registration, membership or licensing is required in order for the nominee to be employed in the occupation of the nominee in Australia or in the home country of the nominee, and
- The duration of the occupational training is necessary for the nominee to obtain registration, membership or licensing in Australia, or in the home country of the nominee, in relation to the occupation of the nominee, taking into account the prior experience of the nominee, and
- The occupational training is workplace based, and
- The nominee has appropriate qualifications and experience to undertake the occupational training, or
- The provider is an associated entity of the sponsor
A letter by a Commonwealth agency endorsing the arrangement for the provision of the occupational training is considered to be valid for 12 months from the date on the letter.
No adverse information known
There must be no adverse information known about the sponsor or a person associated with the sponsor, or it must be reasonable to disregard the information.
No adverse consequences for Australian citizens or permanent residents
The Department of Home Affairs (DOHA) must be satisfied that the sponsor does not engage in, or intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or permanent residents.
Examples of adverse consquences include but are not limited to:
- If a current employee who is an Australian citizen or permanent resident will be displaced by the visa holder
- If similar occupational opportunities, including training, are not provided to employees who are Australian citizens or permanent residents.
Australian governments at both the Federal and State/Territory levels provide significant funding to the education and training sectors. Any access to these government funded services, other than on a full fee paying basis, could have an adverse impact on the occupational opportunities for Australian citizens or permanent residents.
Genuine training opportunity
It is a requirement that a genuine training opportunity for one of the nomination types. The Training 407 visa is not for those who wish to undertake work in Australia and cannot be used for this purpose.
- Evidence that the training programme meets of the nomination types
- If the organisation has previously sponsored trainees, evidence of the assessment of learning outcomes from the trainees
- The sponsor’s immigration history
- The ANZSCO classification (if applicable) in which the occupational training will be undertaken
An Training 407 visa holder who wishes to change their sponsor will require their new sponsor to lodge a a nomination application for them. As Condition 8102, a mandatory condition may cause an issue, the DOHA recommends a new visa application as well. An example of a situation in which only a new nomination application is required would be if the sponsor organisation is sold to the new sponsor and the training programme and training personnel in relation to the visa grant will continue.
Changing activity/occupation but with the same sponsor
If the Training 40 visa holder wants to change their activity/occupation, a nomination in relation to the new training programme and a new visa application is required to be made. The visa holder may only commence training under the new programme after the new visa application is approved.
If the new nomination is not approved the visa holder does not continue to undertake the approved occupation/activity, their aare liable to have their visa cancelled.
Genuine Temporary Entrant
The DOHA must be satisfied that the applicant genuinely intends to stay in Australia for the for the purpose of undertaking the occupational training specified in the application. The DOHA will consider the following factors:
- If the applicant has held a substantive Australia visa and has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa
- Whether the applicant intends to comply with their Traning 407 visa conditions
- Any other relevant matter
The genuine temporary entrant requirement is similar to that of the assessment for student visas.
Adequate means of support
The applicant must have or have access to adequate means to support themself for the duration of their stay in Australia. Financial support could include:
- Salary to be earned in Australia to cover expenses associated with their stay in Australia and return fare home
- Evidence of living expenses that will be assumed by the sponsor or other third parties that would provide for, for example, the applicant’s accommodation, meals, and allowances, or evidence of family members who will be working
- Evidence of money held in a bank account in the name of the applicant or a close family member for at least the 6 months immediately before the date of the application
- Evidence of financial support from a government
- A loan from a financial institution that is made to, and held in the name of, the applicant
There are no exact regulations on financial capacity for the Training 407 visa but DOHA advises that the financial capacity requirement for the Student 500 visa be used as a guideline.
Further Training 407 visas
There is no limit to the number of Training 407 visas that one may be granted so long as all the criteria are met and there is a demonstrated continuing need for occupational training.
A training period be extended if the DOHA is satisfied with the reason the occupational training could not be completed during the that was originally period applied for. An example is occupational training to become a priest. As training can be up to 8 years in duration further grants of the 407 visa is accepted.
Condition 8102 is a mandatory condition that applies to all Training 407 visa holders.
“The holder must not engage in work in Australia (other than in relation to the holder’s course of study or training)”
Are you looking to sponsor or undertake occupational training or professional development in Australia? Meeting and evidencing for one of the nomination types can be a confusing business. We are here to help. Book an appointment online or call us at +61 2 8054 2537