Training Visa (Subclass 407)

Purpose of a Training Visa Subclass 407:

Training visa 407 helps an applicant complete a workplace training or a professional development training program in Australia.

Application Process of 407 visa:

There are 3 steps in the application process of a Training visa subclass 407.

  1. Sponsorship Application for Temporary Activities Sponsor.
  2. Nomination Application; and
  3. Visa Application.

All these steps can be undertaken together at the time of the 407 visa application. But for the 407 visa application to be successful, firstly the application for the sponsor needs to be successful. Then the nomination for the chosen occupation needs to be successful before the visa is granted, provided the applicant satisfies all other criteria for the visa subclass 407 training visa.

Sponsorship Application to become a Temporary Activities Sponsor

Criteria and application for approval as a Temporary Activities Sponsor:

  1. The application of the Temporary Activities Sponsor must be accompanied by a fee of $420.
  2. An organisation making an application for the Temporary Activities Sponsor should not be a sponsor already.
  3. Applicant for the Temporary Activities Sponsor should be lawfully operating in Australia. Applicant could be:
    • An Australian organisation or a foreign organisation which is lawfully operating in Australia.
    • A government agency or a foreign government agency.
    • A sporting organisation or a religious institution lawfully operating in Australia.
    • A captain, an owner or an organisation which operates a super yacht.
  4. There is no adverse information known to immigration about the applicant or any associated persons of the applicant making an application for the Temporary Activities Sponsor. Unless the Department thinks it is reasonable to disregard this adverse information.
  5. Applicant has the capacity to comply with the sponsorship obligations of a Temporary Activities Sponsor.

Obligations of a Temporary Activities Sponsor:

  1. Cooperate with Inspectors.
    An approved Temporary Activities Sponsor and its employees should always cooperate with inspectors appointed under the Migration Act 1958 who are investigating that the sponsor and the nominated applicant are complying with all sponsorship and nomination obligations. This includes producing documents or records requested by the inspectors, providing access to their premises, and allowing inspecting to interview any employee on premises. This obligation is for 5 years from the date the applicant is approved as a Temporary Activities Sponsor.
  2. Keep Records:
    A Temporary Activities Sponsor should always maintain records that they are complying with their sponsorship obligations and must be able to reproduce records when requested by the Department and inspectors.
    From the day the applicant is approved as a Temporary Activities Sponsor, they must keep records of any notification they have made to the department and when, where, and how you notified the department.
    If the primary or the secondary applicant makes a written request to the Temporary Activities Sponsor for the payment of return travel costs, all associated payment amount, dates etc need to be maintained along with all communication. Record of all certain events, its particulars and notification need to be maintained by the Temporary Activities Sponsor. These events are described in next paragraph, Obligation to provide information to Immigration when certain events occur”.
  3. Obligation to provide information to Immigration when certain events occur:
    A temporary Activities Sponsor must notify the Department these events or changes:
    • Change of address or contact details.
    • If the primary visa holder who has been nominated for the training visa subclass 407, doesn’t participate or continue in the training, program, or the position for which the visa was granted.
    • Any change to formal agreement or date of ceasing the position, program, or activity of the nominated visa holder.
    • Notifying the Department if the Temporary Activities sponsor pays return travel expenses of the nominated visa applicant.
    • If the legal entity of the sponsor ceases.
    • If the visa holder doesn’t meet the requirements of the training activity and plan.
    • If the sponsor ceases to hold any necessary licenses they were required to hold to sponsor the visa holder.
      These sponsor obligations apply from the day a temporary activities sponsor is approved and ends 2 years after the approval for the temporary activity sponsor ceases and no more visa sponsor is sponsored.
  4. Obligation to provide records and information to the Minister.
    A Temporary Activities Sponsor must provide information or records requested by a departmental officer to determine the sponsor is complying with their sponsor obligations and there exist or have existed any circumstances relating to which the Minister might take administrative action. On written request of the department, a temporary activities sponsor has an obligation to provide records and information they record under state and federal legislation.
  5. Pay costs to locate and remove an unlawful non-citizen.
    A temporary activities sponsor might be liable to pay the Commonwealth costs up to AUD 10000 in case the visa holder becomes unlawful citizen.

    This obligation starts the day the visa holder becomes an unlawful non-citizen and ends 5 years after they leave Australia. You might be asked to pay these costs for up to 5 years after the visa holder leaves Australia.
  6. Ensure the visa holder undertakes the job, program or activity described in their visa application.
    A Temporary Activities sponsor must ensure that the visa holder only works or participates in the nominated occupation, program, or activity. If the sponsor wants to engage a visa holder for a different job, program, or activity, the visa holder must submit a new visa application.
  7. Obligation not to recover, transfer or take actions that would result in another person paying for certain costs.
    A Temporary Activity Sponsor must pay the costs of becoming a sponsor and not recover these costs from anyone including the visa holders or their family members.The costs which cannot be recovered from the nominated visa holders are as follows:
    • Migration agent and immigration fees for becoming a sponsor or nomination.
    • Recruitment costs including costs of meeting applicants.
    • Training costs.
    • Costs involved in background checks such as police checks, psychological testing.

Nomination Application and Process

COST

Nomination form needs to be accompanied by $170 fees.

CRITERIA

  • To nominate an applicant for a visa subclass 407 Training visa, a sponsor should have been approved as a Temporary Activity Sponsor.
  • Minister needs to be satisfied that the nominee will participate in the training program.
  • The sponsor needs to identify it as employer while nominating and the location and their contact details at the time of nomination.
  • Sponsor should not ask or receive any benefit from the nominee.
  • The minister should be satisfied that the sponsor should not have any adverse information against them.

The minister should be satisfied that the training will be provided directly by the sponsor or by a commonwealth agency who needs to provide an endorsement.

(A) Training should be provided in the following circumstances.

  • 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.
  •  the registration, membership or licensing is required for the nominee to be employed in the occupation of the nominee in Australia or in the home country of the nominee.
  •  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, considering the prior experience of the nominee.
  • the occupational training is workplace based; and
  • the nominee has appropriate qualifications and experience to undertake the occupational training; or

(B) In circumstances where the provider is an associated entity of the sponsor as defined in section 50AAA of the Corporations Act 2001.

  • The minister needs to be satisfied that Australian citizens and Australian Permanent Residents should not have adverse effect on their employment and training conditions and opportunities due to activities of the sponsor.
  • The nominee should have functional English.
  • The minister should be satisfied that the nominated program is a genuine training opportunity.

The occupational training must fall in the following categories.

  1. Occupational training required for registration etc.  
    The minister should be satisfied that the occupational training and its duration is necessary for the nominee to obtain employment, registration, membership, or licensing in Australia, or in the home country of the nominee, in relation to the occupation of the nominee.
    The occupational training is work placed.
    The nominee has appropriate qualifications and experience to undertake the occupational training.
  2. Occupational training to enhance skills.
    The minister should be satisfied that the occupational training is a structured workplace training program for the duration that is specially tailored to the training needs of the nominee.

    Training should be related to an occupation in the applicable Short-term Skilled Occupation List (STSOL), Regional Occupation List (ROL) or Medium and Long-term Strategic Skills List (MLTSSL). You must have had at least 12 months of experience in that occupation during the last 24 months.
  3. Occupational training for capacity building overseas – overseas qualification.
    The nominee is required to complete a period of no more than 6 months of practical experience, research, or observation to obtain a qualification from a foreign educational institution and the occupational training is a structured workplace-based training program specifically tailored to the training needs of the nominee.
  4. Occupational training for capacity building overseas – government support.
    A structured workplace-based training program that is specifically tailored to nominee’s training needs and is supported by your home government or an Australian government agency.
  5. Occupational training for capacity building overseas – professional development.
    Training that provides managerial or professional skills that are relevant to and consistent with nominee’s development in a managerial or professional occupation, and the business of your overseas employer. The training must be provided primarily through face-to-face teaching in a classroom or similar environment.

Training Visa Subclass 407 Visa Application

  • The visa application fee for a training visa is $405. For any additional applicant over 18 years old is $405 and for additional applicant less than 18 years is $105.
  • Training visa application can be made from within Australia and outside Australia.
  • The temporary activities sponsor should have agreed to be the applicant’s sponsor and either they should have been approved as the temporary activities sponsor or their application is pending.
  • The temporary activities sponsor should have nominated a program of occupational training for the applicant and if the decision on nominated application has been made the nomination must have been approved.
  • If the 407 visa applicant holds a substantive visa, the visa should not be one of the following.
    • a permanent visa; or
    • a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular stream; or
    • a Subclass 771 (Transit) visa; or
    • a special purpose visa.
  • If the 407 visa applicant is in Australia and does not hold a substantive visa, the applicant must have held a substantive visa except visa subclass 403 Temporary Work International Relations Visa in the Domestic worker (Diplomatic or consular) stream. And the visa application must be made within 28 days after the date when the last substantive visa held by the applicant ceased to be in effect or  if that last substantive visa was cancelled, and the Tribunal has made a decision to set aside and substitute the cancellation decision or the Minister’s decision not to revoke the cancellation – within 28 days after the day when the applicant is taken to have been notified of the Tribunal’s decision.
  • The 407 visa applicant at the time of the application need to declare that they have not offered or paid money to the sponsor.

CRITERIA TO BE SATISFIED TO BE GRANTED A TRAINING VISA

  • Applicant of 407 visa must have turned 18 yeas old. In very exceptional circumstances applicants less than 18 years old are considered.
  • Applicant of 407 visa needs to have functional English.
  • The temporary activities sponsor agrees to sponsor the applicant in writing and has not withdrawn or ceased sponsoring the applicant.
  • If the sponsor is not a commonwealth agency, the sponsor must have nominated a program of occupational training for the applicant, the nomination should be approved and not ceased. Moreover, there should be no adverse information known to immigration about the sponsor unless it is reasonable to disregard such information.
  • Employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents must not be adversely affected.
  • Applicant of 407 visa needs to make adequate health insurance arrangements.
  • Applicant of 407 visa needs to have genuine intention to stay temporarily in Australia and should have abided by previous visa conditions. They should also intend to comply with training visa conditions.
  • Applicants economic, employment, financial and family circumstances in their home country as well their ties in Australia are also considered to determine their genuine intention to stay temporarily in Australia.
  • The 407 visa applicant should have adequate funds to support their stay in Australia. The guide for the adequate funds is the same as for a student visa as per policy.
  • Applicants of 407 visa should demonstrate good character.
  • Applicants of 407 visa should have no outstanding commonwealth debts or should have made adequate arrangements to pay them off.
  • Applicants of 407 visa need to take medical assessment.
  • No bogus documents should have been provided in the current application and in the last 3 years before the application, applicant’s visa should not have been cancelled due to bogus documents, misleading or false information.
  • In the last 10 years, 407 visa applicant should not have their visa refused for failing to satisfy the minister of their identity.
  • Applicant of 407 visa should not have been deported due to character concerns.
  • If the 407 visa applicant is removed from Australia as an unlawful non-citizen, 12 months must have passed unless their compelling and compassionate circumstances affecting Australia’s or their citizens/permanent citizens interests. This includes New Zealand citizens.
  • If you hold a Foreign Affairs Student Visa, there could be further restrictions.
  • Applicant of 407 visa should not have offered to pay or have paid the sponsor.
  • Applicant of 407 visa can be in and outside Australia but not in immigration clearance.

The following conditions must be imposed:

  • 8102:  Condition 8102 provides that the 407 visa holder must not engage in work in Australia (other than in relation to the holder’s course of study or training). As a matter of policy, a visa holder who seeks to train with a different sponsor should lodge a new visa application to avoid the potential for any breach of condition 8102 and cancellation of their visa. The prospective sponsor should lodge a new nomination application. The applicant may recommence training when the visa is granted.
  • 8303: The 407 visa holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.
  • 8501: The 407 visa holder must maintain adequate arrangements for health insurance while the holder is in Australia.
  • 8516: The 407 visa holder must continue to satisfy the grant criteria.

The following conditions may be imposed on 407 Visa:

  • 8106: Linden should only work as an assistant marketing specialist with Tollund marketing according to her approved training plan and should not engage in other activities.
  • 8107: Linden should only work as an assistant marketing specialist with Tollund marketing according to her approved training plan and should not engage in other activities. She should not work with any other employer.
  • 8301: Linden should always satisfy the public interest criteria until her 407 visa ceases.
  • 8503: Linden will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.
  • 8525: The 407 visa holder must leave Australia by a specified means of transport on a specified day or within a specified period.
  • 8526: The 407 visa holder must notify the Secretary in writing, not earlier than 7 days before the day the visa ceases to be in effect, and not later than that day, of the holder’s place of residence in Australia by posting the notification to the Central Office of Immigration in the Australian Capital Territory.
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