Training visa subclass 407 Australia

The Subclass 407 visa is designed to enable Australian organisations and government agencies (including foreign government agencies in Australia) to sponsor overseas persons to participate in specific occupational training activities, including classroom-based professional development activities.

The Subclass 407 visa is not designed to fill labour shortages and is, therefore, not an appropriate visa for persons whose primary intention is to undertake work.

Sponsorship: the organisation** applies for approval as a temporary activities sponsor.
Nomination application: the intended sponsor provides details about the employer/s, the nominee (intended trainee), purpose or type of training, and how and where the training will be provided.
Visa application: the intended trainee applies for a Subclass 407 visa.

The nomination MUST meet one of the eligibility types [Subregulation 2.72A(15) provides that regulation 2.72B applies to the nomination]

Nomination type 1: occupational training is necessary for the nominee to obtain registration, membership or licensing in Australlia, or in their home country– subregulation 72B(2)

Nomination type 2 :occupational training in the workplace is required to enhance the nominee’s skills – subregulation 2.72B(3)
Nomination type 3: Occupational training for capacity building overseas:

- overseas qualification – subregulation 72B(4)
- government support – subregulation 72B(5)
- professional development – see subregulation 72B(6)

02. Workplace-based training

As a matter of policy, the occupational training program should:

comprise at least 30 hours a week of training;
comprise at least 70 percent of training in the workplace (i.e. not in a classroom or similar teaching environment); and
clearly differentiate between periods of practical work experience and periods of instruction and/or observation

The nomination form requires the sponsor to provide details of the training program.

03. Structured and specifically tailored training

For nomination types 2 (occupational training to enhance skills) and 3 (overseas qualification and government support subgroups only), the workplace based training program must be structured and specifically tailored to the training needs of the nominee. To demonstrate this, it is expected that the program will:

outline training objectives;
include an assessment of the nominated trainee’s current level of skill in the identified occupation;
include a training needs analysis and training pathway (task components with timeframes for completion);
outline how training will be monitored and assessed (with details of all supervisors, trainers and assessors, and their qualifications and experience); and
clearly differentiate between periods of practical work experience and periods of instruction and/or observation.

The tasks to be completed must be consistent with the objectives of the training program. As a matter of policy, it is expected that the tasks will increase in difficulty and complexity over the course of the training program to allow the nominated trainee to progress to a higher level skills capability.

04. Genuine training opportunity

The Minister must be satisfied the nominated program is offered as a genuine training opportunity for a purpose referred to in the subregulation of regulation 2.72B that applies.

The Subclass 407 visa is not appropriate where the primary intention is to undertake work.

05. Genuine temporary entry

Clause 407.217 provides that the primary applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted.

The genuine temporary entrant requirement aims to protect the integrity of the Subclass 407 visa program by ensuring that Subclass 407 visa holders present a minimum risk while in Australia. This includes the risk of attempting to circumvent proper migration channels by using the Subclass 407 visa to maintain ongoing residence in Australia, to work, or undertake any other activities not appropriate on a Subclass 407 visa.

Officers must consider the following three matters when assessing the genuine temporary entrant requirement:

if the applicant has held a substantive visa—whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
whether the applicant intends to comply with the conditions to which the Subclass 407 visa would be subject; and
any other relevant matter.

06. Previous visa compliance

Department will assess whether the applicant complied with the conditions of their last visa and departed Australia before their last visa ceased. If the applicant was non-compliant, officers are to consider the seriousness of the applicant’s non-compliance, how recently the non-compliance occurred and whether there were any circumstances beyond the applicant’s control which caused the non-compliance.

07. Intention to comply

When determining the applicant’s intention to comply with the conditions to which the Subclass 407 visa would be subject, officers may consider whether there is any evidence that suggests the applicant’s primary intention is to work (rather than undertake training).

08. Any other relevant matter

Below is a non-exhaustive list of other relevant matters that may be considered:

the applicant’s economic, employment, financial and family circumstances in their home country that may present as a significant incentive for the applicant to return to their home country;
the applicant’s ties (including family) to Australia and incentives to remain in Australia;
whether the applicant has sound reasons for not undertaking the training in their home country;
any evidence that the Subclass 407 visa is being used to circumvent the intention of the migration program; and
whether the Subclass 407 visa is being used to maintain ongoing residence in Australia.