Organisations can sponsor foreign nationals to undertake workplace-based training.
The Training (Subclass 407) visa facilitates training to obtain registration, improve skills, or for capacity building overseas, for up to 2 years.
Training (Subclass 407) visa
The Training (Subclass 407) visa allows visa holders to take part in workplace-based occupational training activities to improve their skills for their job, area of tertiary study, field of expertise, or in a professional development training program in Australia.
In short, the main requirements for a 407 visa includes:
- Providing a structured workplace-based training program specifically tailored to the training needs of the nominee for an appropriate duration (up to 2 years); and
- the nominee having an equivalent of at least 12 months full-time experience (including study) in the occupation to which the training relates, in the 24 months immediately preceding the time of nomination.
The 407 visa can be applied onshore or offshore, and can be granted to allow the applicants to live in Australia for up to 2 years. This visa does not have a direct pathway to permanent residence, but it can enable the visa holder to apply for a SID visa and potentially the ENS visa.
Target Market
- Established businesses in Australia who work in industries requiring registration (engineering, doctors, nurses, architects, lawyers etc.)
- Established businesses in Australia seeking to bring staff from their foreign entities to undertake training
- Individuals who require training/work experience for registration or upskilling.
Visa applicant requirements
- Qualifications that match the role
- At least 12 months of experience in a related position (which can include relevant study) in the last 24 months
- Genuine intention to work in the nominated position
- Adequate means to support themselves during the stay in Australia
- Adequate arrangements for health insurance
- “Functional” level of English
- Health and character requirements
Company (sponsorship) requirements
- Must be actively and lawfully operating in Australia.
Position (nomination) requirements
- A genuine position for workplace-based training
- Sponsor must not engage in activities that will have adverse consequences for employment/training opportunities (or conditions of employment) for Australians
Streams
Training (Subclass 407) Visa
Training visa applications must be made in one of the following three streams. All streams requiring a detailed workplace-based structured training program which is specifically tailored to the training needs of the nominated person. More detailed information about the requirements for the workplace-based training program can be found in our document checklist here.
Occupational training to improve skills in an eligible occupation
This is the most common type of occupational training, as it encompasses a broader range of on-the-job training to improve skills. This stream can only be utilised for occupations specified on the list of eligible skilled occupations for the 407 visa.
Occupational training required for registration
This stream allows for workplace-based training to facilitate the applicant obtaining occupational registration, membership or licensing. This registration, membership or licensing must be mandatory to work in that occupation either in Australia or the applicant’s home country.
Generally, the occupational training should require at least 70% of the training to be on-the-job, as opposed to classroom-based training.
If the registration, membership or licensing is not mandatory, one of the other streams may be better suited.
Occupational training for capacity building overseas
Occupational training for capacity building overseas includes the following sub-streams:
Overseas qualification: which allows for specifically tailored structured workplace-based training in Australia for up to 6 months for students who:
- are currently enrolled in a foreign educational institution; and
- must complete a period of practical training, research or observation to get their qualification.
Government support: which allows for specifically tailored structured workplace-based occupational training, which has the support of national, state/provincial or territory government agency:
- in Australia; or
- in the applicant’s home country.
Professional development: which allows for overseas employers to send their managerial or professional employees to Australia, to attend training in the form of face-to-face professional development programs consistent with the development of the skills/expertise of the person. These programs must be based in a classroom or similar environment in Australia.
Process
Training (Subclass 407) Visa
A 407 application involves the following three application stages, which can be applied for and processed concurrently (but in this order):
- Temporary Activity Sponsorship (TAS) where the employer applies for permission to sponsor employees for certain visas (subclass 403, 408, and 407);
- Nomination where the employer nominates the position with their organisation and sets out the training plan; and
- Visa where the applicant demonstrates they meet the requirements for a 407 visa.
You may wish to seek assistance for your application from a qualified Immigration Lawyer (view our team here), who can assist employer sponsors and visa applicants with every stage of this process, from eligibility assessments all the way to visa lodgement and decision.
Eligibility
- Assess eligibility for the TAS, nomination and visa applications (see eligibility tab).
- When considering your visa options, if you have a spouse/de facto partner you want to include on your application, it is important to note that as a dependent on a 407 application they will have a work limitation of 20 hours per week.
- Consider the ‘functional English’, health and character requirements, and the process of obtaining police clearance certificates and proving English (either through sitting an approved test or providing additional evidence, such as proof of study delivered in English),
- For visa applicants, understand your rights, and for employer sponsors, understand your sponsorship obligations (see here).
Applying for the TAS (if the business does not already hold a valid one)
A TAS generally lasts for 5 years from the date of approval, and some employers may already have a valid TAS. If the employer sponsor does not already hold a valid TAS, this will need to be approved before the Training (Subclass 407) nomination and visa applications can be lodged.
Gathering documents
Collate all the documentation which you require for your application to ensure the Department has all the information available to correctly assess your eligibility for the Training (Subclass 407) visa (see “documents” tab).
All documents relevant to your visa will have to be digitised (scanned or photographed and uploaded to a computer). You will need to ensure that all non-English documentation is translated into English by a NAATI certified translator, you can search for accredited translators here.
Applying for the nomination
Once the TAS has been approved, the nomination can then be finalised, as the details of the TAS will need to be inputted into the nomination application.
Applying for the visa
Once the nomination application has been lodged, the visa can be instantly lodged afterwards.
After the application
The Department will send a confirmation letter (via email) once your application has been lodged.
The standard processing times from the Department for the Training (Subclass 407) visa as at October 2024 is as follows:
- 50% of applications: 3 months
- 90% of applications: 7 months
Processing times can vary, and you can check the current published processing times here.
No updates on the application will be provided during the standard processing time. If more information is required, this will be requested via email and the ImmiAccount portal.
If you applied offshore, you will not be able to travel to Australia until the outcome of your visa application is received (or you obtain another Australian visa).
If you applied onshore ensure you hold a valid substantive visa or Bridging Visa until the application is finalised.
Be sure to advise the Department if there are any mistakes on your application but submitting a Notice of Incorrect Answers, or if your personal circumstances change after you have applied.
Visa outcome
The Department will advise you of the outcome of your Training (Subclass 407) visa application in writing. If your visa application is successful, you will be advised of:
- your visa grant number
- the date your visa starts (and ends) and
- your visa conditions.
Be sure to retain a copy of the decision for when you arrive and whilst you live in Australia.
If you are refused a visa, you will be advised in writing:
- the reason(s) for the unsuccessful application and
- whether you have a right to review the decision
It is vital that you read and understand the refusal notification clearly to understand the timeframe and means of appeal. Declined visa applications are generally provided with 21 days to lodge a review application with the Administrative Review Tribunal (ART).
In most cases, your application fee will not be refunded even if the application is unsuccessful.
Eligibility
Training (Subclass 407) Visa
Please note that that there are certain differences in eligibility requirements for the different Training (Subclass 407) visa streams. In all cases, this is general information, and you should contact us or an immigration lawyer prior to making any decisions.
Sponsorship requirements
The first step is applying for and obtaining approval to be a Temporary Activity Sponsor (TAS), which requires the business to:
- have a legally established and currently operating business in Australia;
- not have any adverse information regarded against it.
The business undertakes a number of sponsorship obligations, including to assume certain costs, and ensuring that the visa holder only works or participates in the nominated occupation, program or activity.
Once approved, the TAS is valid for 5 years.
Nomination requirements
The second component is the nomination application, where the business provides details about the applicant, the purpose and type of training, and how and where the training will be provided.
A key component of the nomination application is the preparation of a detailed training programme to support the application, which you can read more about here.
The nomination will require indication of the relevant stream, which includes either:
- Occupational training required for registration;
- Occupational training to improve skills in an eligible occupation; or
- Occupational training for capacity building overseas.
Visa eligibility
The third and final component is the visa application itself, where the applicant (and any secondary applicants) demonstrates they meet the requirements for a 407 visa.
The main applicant must:
- be at least 18 years of age;
- demonstrate financial capacity to support themselves (and their dependents, if any) for the duration of stay in Australia;
- be a genuine temporary entrant;
- hold the required registration or licenses (where relevant);
- have adequate arrangements for health insurance; and
satisfy health, character, and English requirements.
The secondary applicant must:
- be a dependant of the main application (e.g. partner or child);
- have adequate arrangements for health insurance; and
- satisfy health, and character requirements.
Documents
Training (Subclass 407) Visa
The actual documents you require are dependent on an applicant’s particular circumstances including (but not limited to) their family members, health and character, identity and occupation. Your Hannan Tew advisor will provide you with a link to the Hannan Tew portal which will set out the specific documents required.
We have published a 407 documents checklist which outlines the typical documents that are required for all three stages of a 407 application (sponsorship, nomination and visa), including a detailed outline for what should be included in a workplace-based training program. Please note that these are general checklist, and further documents and information may be required in the specific circumstances of each application.
Client Dashboard
Training (Subclass 407) Visa
Preparing visa applications necessarily requires the collation of an abundance of data from both visa applicants and sponsoring organisations. We provide secure access to beautiful visualisations of this data to allow you to easily track your visa populations. You can customise fields, visualisation types, branding, colour schemes, placements and widgets to ensure you can easily sift through the data in a way that suits your business needs.
Training Visas
Frequently Asked Questions
Can I commence work before my 407 visa application is applied for/approved?
You are able to commence work in the relevant training position prior to lodgement and approval, provided that you have an existing visa with work rights. Check your current visa approval letter or undertake a VEVO check here to confirm this.
What happens if my current visa expires before my 407 visa is approved?
If you are in Australia and hold a substantive visa at the time you lodge your 407 visa application, in most cases you will be granted a Bridging Visa A (BVA), which will allow you to remain in Australia during processing of your 407 visa. A useful article about Bridging Visas can be found here, and a separate article regarding conditions on a BVA can be found here.
Please note that the BVA will not allow you to re-enter Australia if you depart during processing of your 407 visa. If you need to travel during the period you are on a BVA, you will need to apply for a Bridging Visa B (BVB) to be able to re-enter Australia.
What health, character and/or English assessments will be required for me?
Health – Depending on your country of nationality and your travel history, you may be required to undertake health examinations for your visa. Health examinations must be completed by approved panel doctors authorised to conduct health examinations for Australian visa purposes. A list of panel doctors in your country can be found here by selecting your country and clicking ‘details’ for the panel physician heading.
If we are engaged to assist with your application, Hannan Tew will advise you of the relevant assessments once you have completed our information questionnaire.
English – Primary applicants will need to demonstrate ‘functional English’ which is explained here, including what approved English tests are available, the scores required, and alternative evidence which can be provided in certain circumstances.
Character – You will need to provide police clearances for all countries in which you have in resided for 12 months or more (cumulatively) in the last 10 years (or since turning 16 years of age). The Department are particular about the form of these clearances, so it is important that you ensure you apply for the correct one (which you can verify here, by selecting your country, clicking ‘police check’, and then ‘view more’).
How long is my 407 visa valid for?
A 407 visa can be granted for up to 2 years. The duration sought should be indicated in the nomination application.
Can I include my family on my 407 visa?
Yes, you generally can include your spouse/de facto partner and children in your visa application – you can read an article about this here. They will also receive a 407 Visa for the same duration as the main applicant.
There are specific requirements for children over the age of 18 to demonstrate dependency. Children 23 years or above cannot be included except in very limited circumstances.
I have a dependent partner, can they work?
It is important to note that your partner would have work rights limited to 40 hours per fortnight. If they are wanting to work more than this, you should consider if different visa options are available, or they will need to seek an alternative visa for themselves.
Can my children study?
Yes. However, different States / Territories in Australia have different requirements and fees may be applicable. We strongly recommend that you explore this with the State Department of Education and/or your education provider directly.
What health insurance do I need?
Holding ‘adequate health insurance’ for your duration of stay in Australia is a requirement for primary and secondary 407 visa applicants. You can read more about this here.
Most Australian health insurers have Overseas Visitor Health Cover (OVHC) plans that specifically address these requirements and contain the minimum level to be considered “adequate” arrangements.
If you take health insurance from a non-Australian insurer, it’s important to ensure that the policy you receive provides the level of benefit at least equivalent to that set out in the link. As a general guideline of the cover required, an adequate level of health insurance cover is set out on the Department’s website here.
Citizens of certain countries have access to Medicare under reciprocal arrangements with Australia (see here), which will satisfy the requirement to hold health insurance. However, if you have not yet received Medicare coverage (for example if you’re outside Australia) you will need a health insurance policy to cover the gap between this time and when you are able to formally enrol into Medicare in order to remain compliant with the adequate health insurance condition. This can often be achieved by obtaining travel insurance to cover this period.
Who can pay the costs of a 407 visa?
Under sponsorship obligations, work sponsors must not transfer costs associated with becoming an approved work sponsor or obtaining an approved nomination. This includes not only the government fees related to the TAS and nomination but can also include a portion of immigration lawyer fees. Hannan Tew can advise on the specific costs that can/cannot be paid by a visa applicant.
Can I renew my 407 visa?
If you still require workplace-based training as you near the end of your 407 visa, you can apply for a second 407 visa to continue your training. This would require a new 407 visa and nomination application to be lodged, and a new workplace-based training program to be created, which is updated and tailored to your continued training needs.
If you no longer require workplace-based training in your occupation, you should consider alternative visa options, such as an employer sponsored Skills in Demand visa (subclass 482).
Do I have any conditions once I've obtained my 407 visa?
Your 407 visa will be subject to the various conditions, including that you:
- must only undertake work that is related to your training;
- must maintain eligibility as a person who would satisfy the criteria for the grant of your visa;
- must not become involved in activities disruptive to, or violence threatening harm to the Australian community; and
- maintain an “adequate” level of health insurance while in Australia (as a British citizen, having Medicare covers this).
Your dependents 407 visa will also be subject to the various conditions, including that they:
- must not work more than 40 hours a fortnight;
- must not become involved in activities disruptive to, or violence threatening harm to the Australian community; and
- maintain an “adequate” level of health insurance while in Australia (as a British citizen, having Medicare covers this).
Additionally, you and your dependents 407 visa may also be subject to a number of further conditions relating to the work you can undertake, and your arrival/stay in Australia (e.g. a ‘no further stay’ condition may be added, meaning you would not be able to apply for a further visa (besides a Protection visa) whilst in Australia).
You can confirm the conditions of your visa on your visa approval letter or by undertaking a VEVO check here.
Disclaimer
The information contained here is offered for informational purposes only and does not constitute legal advice or give rise to an attorney-client relationship between you and our firm. The information: (i) must be regarded as a practical guide for general information and not a process guide for determining the specific immigration requirements of the countries covered, (ii) should not be a substitute for a more indepth analysis of applicable facts and circumstances conducted by competent professionals, and (iii) does not represent an opinion from Hannan Tew or any of its agents with regard to the laws of any of the jurisdictions concerned. The information does not guarantee the outcome or approval of any particular immigration application.
What can we do for you?
With extensive experience representing the world’s largest corporations, SMEs, and start ups, our staff are well placed to assist with all issues in relation to the employer sponsored visa process, including: Temporary Activity Sponsorship (TAS) applications, 407 nomination applications, 407 visa applications, compliance and sponsorship bars.