407 Visa

407 visa allows foreign nationals to participate in workplace training programs with Australian employers who intend to satisfy registration requirements, enhance skills and build occupational capacity.

This visa subclass may be issued for a maximum duration of 12 months if it is consistent with the length of training to be undertaken. Nevertheless, if seeking more than 6 months under this visa subclass, the applications would be more heavily scrutinized by the Department. This can be somewhat controlled and managed with the expertise of a registered migration agent.

Like many other employer sponsored visas, the overall application process for a Subclass 407 visa is comprised of 3 stages:

1. Temporary Activity Sponsorship

2. Employer Nomination

3. Training Visa Subclass 407 Application

Approval as a Temporary Activity Sponsor

Any nominating employer for a Subclass 407 visa must obtain approval as a “temporary activity sponsor”. When the sponsorship application has been lodged, the employer can nominate a worker who can then lodge a training visa application. Once approved, the sponsorship may be valid up to 5 years.

To be an approved sponsor, an organization must satisfy the following criteria:

  • Lawfully operating in Australia;
  • No adverse information is known to the Department against your organization;
  • Capacity to comply with sponsorship obligations.

Sponsorship Obligations

Major obligations of a sponsor include:

  • Cooperating with inspector appointed under the Migration Act 1958;
  • Ensuring employment terms and conditions of the visa holder are equivalent to those of Australian workers;
  • Complying with mandatory reporting obligations to the Department;
  • Not pass on the employer’s financial obligations of the visa process to the visa applicants.

The applications would likely be subject to heavier scrutiny if the sponsoring employer:

  • Start-up business;
  • First-time sponsor;
  • Not financially stable;
  • Fewer than 20 workers;
  • Trading for less than 12 months.

If any of the above apply, it is advisable to arrange a consultation with one of our experienced migration agents.

Employer Nomination Approval

Once an application for the sponsorship has been submitted, the employer may nominate a prospective employee for a specific workplace based training program for a specific duration. The nomination for a training visa in Australia may fall into one of the 3 variants:

  • Type 1: Occupational training required for registration
  • Type 2: Occupational training to enhance skills
  • Type 3: Occupational training for capacity building overseas

Occupational Training for Registration

407 training visa allows applicants to undertake workplace based training programs which are mandatory for occupational licenses and registration. It is necessary to demonstrate how the program, to which the training visa subclass 407 relates, satisfies said professional requirements. The applicable regulatory regime may be either Australian or that of the nominee’s home country.

In case of health practitioners, the nominees must first secure conditional registration with the appropriate professional body, namely the Australian Health Practitioner Regulation Agency. It is mandatory that they be legally qualified and able to treat patients in order to participate in the occupational training.

Occupational Training to Enhance Skills

The training visa, subclass 407, is suitable for workplace based training indented to facilitate general professional development via enhancing an applicant’s skills. Nominations of this type are heavily scrutinized if there is an insufficient volume of evidence.

Training Plan

In this type, the visa allows for professional development. Such nominations must be accompanied by an individually tailored, structured training plan. Due to the high level of scrutiny to be exercised by the Department, careful preparation of the training plan is of paramount importance. Expert advice from migration agents is pivotal to ensure your training plan conforms with statutory requirements and the Department’s guidelines.

The requisite characteristics of a suitable professional development training plan are complex and must differentiate between practical work and periods of instruction and observation. Simply staging all training in a classroom setting is not sufficient as it must be workplace based. Inadequate training plans are one of the most common grounds for refusal of training visa, subclass 407, application. Due this this risk of refusal, professional assistance is recommended. Migration agents cannot unilaterally produce training programs without significant input from an employer.

Requisite Experience

Applicants must have minimum of 12 months experience or education related to the nominated occupation. This requirement must have been met within the last 2 years. For the purposes of these 2 years, formal education will be considered work experience. Nominees with no prior exposure to the nominated occupation will not meet the requirements of this training visa subclass nomination type.

Training for Capacity Building Overseas

This type is intended for employees of overseas businesses to undertake training with a related Australian business. Students of international institutions who are required to undertake a period of training as part of their overseas degree may utilize this stream, as it allows students to undertake occupational training in Australia over a period of up to 6 months. In summary, the requirements are:

  • The qualification requires practical experience, research or observation of no more than 6 months;
  • Training is structured, workplace-based, and tailored to the needs of the nominee;
  • A letter of support from the foreign education provider; and
  • If the training is not a mandatory requirement for the nominee’s degree, the nomination should be directed to the purpose of enhancing skills.

Otherwise, the applicants may:

  • Have an overseas employer;
  • Hold a managerial or professional position with their overseas employer;
  • Participate in the occupational training that is consistent with the development of the nominee’s managerial or professional skills;
  • Participate in the occupational training that enhance the skills consistent with the business background of the nominee and their employer; and
  • The primary mode of delivery for the training is face-to-face teaching in a classroom or like setting.

Visa Application

For a Subclass 407 visa to be granted, the applicant must satisfy the following criteria:

  • Be over 18 years old;
  • Possess functional English;
  • Have appropriate qualifications or experience for the training;
  • Have an employer who is committed to be a temporary activity sponsor and nominate;
  • Not pose adverse training or employment consequences for Australian citizens, permanent residents or New Zealand citizens.

Application Charges

Employer Costs

  • Approval as a Temporary Activity Sponsor: $420
  • Nomination: $170
In Australia, training visa costs must be paid by the appropriate party. It should be noted that all employer costs must be borne by the sponsoring employer and any attempt to pass the costs on to the applicant may result in a visa refusal and impede the sponsor from nominating foreign workers in the future. No additional costs are incurred by employers should an applicant look to add family members to their visa applications.

Applicant Costs

  • Base application charge: $310
  • Additional applicant charge for family members who are at least 18: $310
  • Additional applicant charge for family members who are less than 18: $80

Visa Conditions

For primary applicants, the following must be imposed:

  • 8102: Must not engage in work in Australia (other than in relation to the holder’s course of study or training).
  • 8303: Must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.
  • 8501: Must maintain adequate arrangements for health insurance while the holder is in Australia.
  • 8516: Must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa.

For primary applicants, the following may be imposed:

  • 8106: Must engage in work in Australia only if the work is relevant to the conduct of the business, or performance of the tasks, specified in the visa application.
  • 8107: No ceasing specified employment or work in a position inconsistent with the nominated position etc.
  • 8301: After entry to Australia, the holder must satisfy relevant public interest criteria before the visa ceases.
  • 8502: Must not enter Australia before the entry to Australia of a person specified in the visa.
  • 8503: The holder 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: Must leave Australia by a specified means of transport on a specified day or within a specified period
  • 8526: 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.

For secondary applicants, the following must be imposed:

  • 8104: Must not engage in work for more than 40 hours a fortnight while the holder is in Australia.
  • 8303: Must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.
  • 8501: Must maintain adequate arrangements for health insurance while the holder is in Australia.

For secondary applicants, the following may be imposed:

  • 8106: Must engage in work in Australia only if the work is relevant to the conduct of the business, or performance of the tasks, specified in the visa application.
  • 8301: After entry to Australia, the holder must satisfy relevant public interest criteria before the visa ceases.
  • 8502: Must not enter Australia before the entry to Australia of a person specified in the visa.
  • 8503: The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.
  • 8516: Must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa.
  • 8522: Must leave Australia not later than the time of departure of the person who has satisfied the primary criteria; and of whose family unit the holder is a member.
  • 8525: Must leave Australia by a specified means of transport on a specified day or within a specified period.
  • 8526: 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.

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