The subclass 407 training visa allows you to sponsor a foreign national to work for you temporarily in a structured training program so they can either:

  • meet registration or licensing requirements for their occupation (stream 1);
  • enhance their skills for their occupation (stream 2); or
  • promote capacity building overseas (stream 3).

The training visa can be granted for up to two years and may be suitable for individuals who do not qualify for other employer-sponsored visas, such as the temporary skills shortage visa (TSS). 

For example, an overseas student who does not have any relevant work experience may be suitable for the training visa.

When applying for the training visa, the three key steps in the application process are:

  1. sponsorship application;
  2. nomination application; and
  3. visa application.

You can lodge all three applications at the same time. However, the sponsorship application must be approved first by the Department of Home Affairs (DOHA) before the nomination and visa application can be processed.

This article will discuss the key stages when sponsoring a candidate under the training visa and the requirements that you must meet at each stage of the process.

Stage 1: Sponsorship Application

When sponsoring an individual under the training visa, you must first apply to become a temporary activities sponsor. An approved sponsorship is valid for up to five years. During this time, you will be able to nominate and sponsor applicants for the training visa.

Am I Eligible to Be a Temporary Activities Sponsor?

To be an approved temporary activities sponsor, you must be:

  • an Australian organisation lawfully established and operating in Australia (e.g. a company, partnership or non-profit organisation). This does not include an individual or sole trader;
  • an Australian Commonwealth, state or territory government agency;
  • a foreign government agency lawfully operating in Australia (e.g. a consulate, trade office or other foreign national government entity);
  • an international organisation recognised by Australia and lawfully operating in Australia (e.g. the United Nations);
  • an organisation that operates a superyacht, or the owner or captain of a superyacht;
  • a sporting organisation lawfully operating in Australia; or
  • a religious institution lawfully operating in Australia.

To demonstrate that you fall within one of the above categories, you will need to provide supporting evidence (e.g. your Australian Securities and Investments Commission (ASIC) company extract).  You must also show that you are lawfully operating a business in Australia. You may demonstrate this via:

  • ABN Extract;
  • copy of the lease; or 
  • contracts being carried out by the business.

You must also show that you can directly provide the occupational training unless you are exempted (e.g. you are an Australian Commonwealth Government agency). This involves providing a training plan that outlines the structured training program the candidate will undertake to attain the required skills and experience.

Lastly, you must demonstrate that you can meet your obligations as a sponsor in a formal statement. 

For example, as a Temporary Activities Sponsor, you must keep certain records that show you comply with your obligations and ensure that the candidate only works in their nominated occupation or program.

Once approved, you must maintain records of all sponsorship related events. DOHA routinely monitors all sponsors to ensure they remain compliant with the the training program. 

Stage 2: Nomination Application

The second stage of the application process requires you to nominate the occupation and candidate. There are three streams under which you can nominate an individual. Namely, these are occupational training:

  1. required to meet certain registration or licensing requirements;
  2. to improve skills in an eligible occupation; and
  3. for capacity building overseas.

The nomination requirements are different for each stream. We discuss the requirements further below.

Stream 1: Required for Registration

This stream may apply when the training is necessary for the candidate to obtain a certain registration, membership, or license to work in Australia or their home country. There are many jobs in Australia that require registration or licensing before you can start working. 

For example, you must:

  • be registered with the teacher registration board in your State to work as a teacher in Australia; and
  • hold an electrical work licence to work as an electrician in Australia.

The Australian and New Zealand Standard Dictionary of Occupations (ANZSCO) is a good starting point to determine if a particular occupation requires registration or license.

Stream 2: To Improve Skills

Applicants who wish to improve their skills in their occupation may be eligible under this stream. To nominate someone under this stream, you must show that the:

  1. workplace-based structured training program is specifically tailored to the training needs of the nominee;
  2. training program is related to an occupation specified on the list of eligible skilled occupations; and
  3. nominee has at least 12 months of experience in the occupation in the 24 months prior to lodgement of the nomination.

You will need to provide supporting evidence, including your training plan and the nominee’s resume.  

The training plan cannot be generic and you must tailor it to the training needs of the individual.  You must also set out clear learning outcomes in the training plan and explain how you expect the individual to meet these learning outcomes.

Stream 3: For Capacity Building Overseas

This stream allows you to train someone to promote capacity building overseas. This means that the training you provide must be:

  • specifically tailored to the nominee’s training needs, and the nominee must complete a maximum of six months practical experience to obtain a foreign qualification;
  • specifically tailored to the nominee’s training needs, and supported by their home government (or an Australian government agency); or
  • a professional development training program, run primarily through face-to-face teaching in a classroom or similar environment.

You should ensure that the training you provide is ‘workplace-based’, meaning at least 30 hours of training per week, of which at least 70% is conducted in the workplace (as opposed to in a classroom).

Stage 3: Training Visa Application

The final stage involves lodging the visa application. The candidate may lodge the application or you may lodge it on their behalf.

All applicants for the training visa must:

  • be at least 18 years old;
  • have the skills, experience and qualifications necessary to undertake the occupational training;
  • have at least functional English;
  • genuinely intend to stay temporarily in Australia to undertake the specified occupational training;
  • be able to support themselves financially during their stay in Australia;
  • have made adequate arrangements for health insurance during their stay in Australia; and
  • meet the relevant health and character criteria.

The visa application should outline how the applicant meets the above criteria and provide supporting evidence where appropriate.

Key Takeaways

The subclass 407 training visa in Australia is a great tool to allow someone to work for you whilst undertaking on-the-job training. Sponsoring someone under the training visa is a three-step process:

  1. sponsorship application;
  2. nomination application; and
  3. visa application.

Once the DOHA has approved all three applications, your candidate will receive a training visa for up to two years. If you have any questions about the Training visa, contact LegalVision’s immigration lawyers on 1300 544 755 or fill out the form on this page.

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