Everything you need to know about the 407 Training Visa

Purpose

The 407 Training Visa is a visa introduced to promote international goodwill by allowing Australian businesses to sponsor people to travel to and stay in Australia for workplace occupational training. There are three types of occupational training covered under this subclass:

1. Workplace-based training required for registration
2. Structured workplace-based training to enhance skills in an eligible occupation
3. Training that promotes capacity building overseas

This is a sponsored visa. If the organisation has applied for approval as a training and research or professional development sponsor and is approved as a sponsor of this type, it will be able to sponsor a Training Visa (Subclass 407) applicant. The organisation will need to be approved as temporary activities sponsor which is approved for a period of 5 years commencing from the date of approval. The approved sponsor can also nominate any number of applicants. Members of a family unit can also apply.

This visa is not intended to fill labour shortages, therefore it is not a Visa for people whose sole purpose is to work in Australia.

The visa allows applicants to work in Australia for a maximum of 2 years but it can be renewed at the end of the training period as many times as needed.

Visa holders have restricted work rights. They can only perform work or a training activity that was specified in the applicant’s nomination or visa application. If applicants underwork work or activities that are not directly relevant to the nominated work or activity, the applicant’s visa may be cancelled.

Stages of Application

An application for a 407 Training visa requires a Sponsorship and Nomination application.

A lawfully operating Australian organisation, government agency or foreign government agency in Australia can apply to be a sponsor and then nominate the applicant for the proposed occupation training.

If the sponsor is not a Commonwealth agency, the application process has three stages: Sponsorship – Nomination – Visa

1. Sponsorship Application – must be lodged by the Sponsoring organisation to become a temporary activities sponsor
2. Nomination Application – must be lodged by the Sponsoring organisation to nominate the applicant for the training program
3. Visa Application – must be lodged by the applicant

If the sponsor is a Commonwealth agency, then the application process will have only two stages: Sponsorship application and Visa Application. Commonwealth agencies, as approved sponsors, do not need to lodge a nomination.

If the sponsor is a Commonwealth agency and has been approved as a sponsor, then there should be an invitation letter to the applicant which includes the information regarding the duration and dates of the training and a brief explanation of the training program.

For the visa application, the applicant must provide a copy of the invitation letter from the common wealth agency.

Changing sponsors

If the applicant wishes to change the organisation and training is to be organised by a different approved sponsor, then the applicant has to lodge a new nomination application and the training can commence only after the approval of the nomination.

If the applicant continues the training with the same sponsor but decides to change the occupation, then a new nomination and visa application must be lodged and the training must commence only after the nomination application has been approved.

Nomination Type 2: Most common

Occupational training is for applicants with recent and suitable experience in the nominated occupation, who are seeking to undertake a structured workplace-based training programme in relation to an occupation specified in the list of eligible occupations.

For the nomination to be considered under the type 2 it must be:

1. Workplace based training programme specifically, structured for the nominated person as per the training needs
2. The occupation should be in relation to the 6-digit code mentioned in the ANZSCO
3. The nominee should have at least 12-months full time experience in the occupation to which the training relates in the 24 months immediately preceding the time of nomination.

Training Program

The training should include an assessment of the nominated trainee’s current level of skill in the chosen occupation, a skills assessment, and details of supervisors, trainers and assessors, including their qualifications and experience, planned learning outcomes and how they will be monitored and assessed.

The training programme should be specifically tailored to the training needs of the nominee.

The programme should:

• clearly differentiate between periods of practical work experience and periods of instruction and/or observation
• outline the objectives, tasks and timeframes
• describe nominated trainee’s current level of skills and outline the additional or enhanced skills the applicant is aiming to gain.

The tasks to be completed and outcomes to be achieved should increase in difficulty and complexity over the course of the training program to allow the trainee to progress to a higher-level capability.

The training will include supervision by appropriately qualified and experienced supervisors.

The program should comprise at least 30 hours a week of training and at least 70 percent of that training must be conducted in the workplace. (i.e. not in a classroom or similar teaching environment).

Nomination decision

If the nomination is approved, then the Department will send a letter with:

• the nomination identification number
• the date the nomination ceases

This letter is required for the visa applications of the applicant.

If the nomination is not approved, then the Department will send the letter with:

• the reason for the refusal of the nomination
• if there are any rights for the merit reviews of the application and
• also, the time limits to apply for review of the application

Visa Application

Primary criteria:

• Age: Applicant must have turned 18 at the time of the application
• Functional English: Must meet the requirements for Functional English
• Nomination: At the time of the decision for the approval of the visa there should already be an approved nomination
• Opportunities for Australian residents: The applicant does not intend to engage in activities that will have an adverse consequence for Australian citizens or permanent residents
• Health insurance: must have adequate arrangements for health insurance
• Genuine temporary entry: officer must be satisfied that the applicant genuinely intends to stay only for the duration of the training
• Financial support: must have adequate means to support themselves during their stay

Public interest criteria:

• Character: applicant must pass the character test
• Security
• Debts to the government: must not have any outstanding debts to the Commonwealth
• Health examination: applicant must undertake a medical assessment
• Australian values statement

Granting a further 407 Visa

There is no limit to how many 407 visas may be held sequentially, subject to the nominator and applicant again meeting all the criteria for approval of a nomination. However, there must be a genuine continuing need for the occupational training.

What if my Visa expires?

If the applicant’s current visa expires, the Department may issue a Bridging visa that allows the applicant to stay in the country lawfully while the application is being processed.

At McKkr’s, we are well-trained to handle highly complex matters, and we even have a sc 407 specialist on hand to guide you through the process. Book one of our agents for professional advice by calling 02 4626 1002 or email us to book in a time at admin@mckkrs.com.au. We also speak fluent Hindi, Nepalese, Punjabi, Turkish, Tamil, Portuguese and Marathi. If one of these isn’t your language, we can also help you arrange an interpreter.