Understanding the Training Visa Subclass 407
The Training Visa Subclass 407 allows individuals to stay in Australia temporarily to participate in workplace-based training or a professional development training program, sponsored by an organisation. This visa benefits both the sponsoring employer and the visa holder, as it grants employers access to semi-skilled or skilled workers and provides the visa holders with valuable training opportunities.
Advantages of the Training Visa Subclass 407
- No age threshold.
- This may be a good replacement for those who are age-restricted to apply the graduate 485 visas after 1 July 2024. We wrote an article about this – check it out here: Changes to Temporary Graduate Visa Program – Effective 1 July 2024
- Allows employers to access skilled and semi-skilled workers or volunteers temporarily.
- Provides training opportunities for individuals seeking professional development or licensure.
- No mandatory minimum salary requirement – the training can be unpaid.
- Allows pathways for individuals who have overstayed.
- Occupation list not applied to some training programs.
- Flexibility for sponsors to place visa holders at different workplaces.
- Lower English requirements.
- Sponsorship, Nomination, and Visa applications can be lodged simultaneously.
- Lower fees compared to Subclass 482, with no expensive levies or labour market testing required.
Disadvantages of the Training Visa Subclass 407
- Secondary visa holders are restricted to work up to 40 hours per fortnight.
- If the training is unpaid, that period may not be accepted as work experience for other visas.
- If the training program offers lower than market salary levels, your experience may not be accepted as at an appropriate skill level.
- If you are already too experienced, the Department may ‘reduce’ the number of requested training period.
- For the ‘enhancing skills’ pathway, a detailed and structured training program and plan is required – we would normally recommend to have it professionally prepared by an independent professional organisations, which may cost additional fees.
Key Points About the Training Visa Subclass 407
- Purpose: The visa is intended for training and development purposes, not for regular employment. If your primary goal is to work in Australia, a different visa type may be more suitable.
- Duration: The visa is generally granted for the duration of the training, up to two years. Family members can be included in the application but may have limited work rights.
- Application Process: The application involves three stages: Sponsorship, Nomination, and Visa Application.
Application Process
Stage 1: Sponsorship Application
To sponsor a visa applicant, an organisation must be approved as a ‘Temporary Activities Sponsor’ by the Department of Home Affairs. This involves submitting a sponsorship application along with supporting documents. Once approved, the sponsorship is valid for up to five years, allowing the organisation to sponsor multiple individuals under this visa category.
Eligibility for Sponsorship:
- Must be an organisation lawfully operating in Australia, a government agency, or a foreign government agency.
- Must have no adverse information known or deemed suitable despite any adverse information.
- Must comply with sponsorship obligations and, if applicable, directly provide occupational training.
Exemptions:
- Supported by a Commonwealth agency.
- Specified in a legislative instrument.
- Provided under circumstances specified in a legislative instrument.
Sponsorship Obligations:
Sponsors must inform the Department of Home Affairs of certain events, keep records, provide information when required, and ensure the visa holder participates in the nominated activity. Non-compliance can result in penalties, including fines and suspension of sponsorship approval.
For additional details on becoming a sponsor for the Training Visa, please visit the Department’s official website:
Temporary Activities Sponsor – Department of Home Affairs
Stage 2: Nomination Application
Once sponsorship is approved, the organisation must lodge a Nomination application. The criteria for this stage vary depending on the type of occupational training:
Workplace-based training required for registration:
For those needing training for professional registration or licensing in Australia or their home country.
Structured workplace-based training to enhance skills:
For those needing training in an eligible occupation. Applicants must have at least 12 months of experience (or study equivalent) in the nominated occupation within the last 24 months.
Training that promotes capacity building overseas:
For students enrolled overseas, those supported by a government agency, or professionals invited to a development program.
For more information about the occupational training types, please visit the following link: Occupational training types for Training visa (subclass 407)
Stage 3: Visa Application
The final stage is the Visa Application, where the applicant must demonstrate they meet the required criteria, including age, skills, English proficiency, health, and character. Dependents can be included, and visa holders must maintain adequate health insurance.
For more information about nominating a candidate for the Training Visa, please visit the following link and customise it for “Applicants”: Training Visa 407 – Department of Home Affairs.
Who do we recommend this training visa programs
Generally, we recommend this subclass 407 training visa for clients who does not have enough work experience or even the minimum English skills level to apply for other work sponsored visas.
It has also been favoured by sponsors as this visa is not subject to the Temporary Skilled Migration Income Threshold (TSMIT), which is currently set to $70,000 PA.
As the Australian government has announced that from 1 July 2024, only those under 35 are eligible for the Graduate (subclass 485) visa, we expect this Training Visa to become more popular amongst who are unable to proceed with the graduate visas. We wrote an article about this – For a detailed comparison between the 485 and 407 visas, please refer to our article:
Navigating Age Limitations & English Requirements: Alternatives to the 485 Visa
For more detailed information on the Training Visa Subclass 407, including becoming a sponsor and nominating candidates, please visit the Department of Home Affairs website.
Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.
