Temporary Activity Sponsorship

​​​The Training visa subclass 407 is for people who want to come to Australia on a temporary basis to participate in occupational training or professional development.  

There are three types of occupational training available.

  • workplace-based training required for registration or
  • structured workplace-based training to enhance skills in an eligible occupation or
  • training that promotes capacity building overseas.

A temporary activity sponsorship is necessary for all types of occupational training. A temporary activity sponsor can be (some entities are more appropriate for 408 Temporary Activity Visa):

  • Australian organisation lawfully operating in Australia (excludes an individual or a sole trader)
  • Government agency (=an agency of the Commonwealth or of a State/Territory government.)
  • Foreign government agency
  • Sporting organisation lawfully operating in Australia
  • Religious institution lawfully operating in Australia
  • A person who is the captain or owner of a superyacht, or an organisation that operates a superyacht
  • Foreign organisation lawfully operating in Australia

An entity (or a person associated with this entity) wishing to become a sponsor must not be subject of adverse information.

The person applying for a temporary activity sponsorship must  have the capacity to comply with the applicable sponsorship obligations.

The sponsorship application fee: $420

(New temporary activity visa framework chart can be downloaded here .)

 

Nomination for Training Visa - 407

Training 407 visa aims to promote international goodwill by allowing Australian organisations to sponsor persons to travel to Australia to participate in occupational training activities, including classroom-based professional development activities.

This visa is not designed to fill labour shortages and is, therefore, not an appropriate visa for persons whose sole intention is to undertake work. However, it does allow the visa holder to undertake occupational training with a sponsoring organisation that is consistent with the purpose of the visa granted.

Where the sponsoring organisation is not a Commonwealth agency, the application process comprises three stages - temporary activity sponsorhip (see above), nomination application and 407 visa application.

Where the sponsoring organisation is a Commonwealth agency, the application process comprises two stages - temporary activity sponsorhip (see above)  and 407 visa application. A list of Commonwealth departments and agencies is available at: http://www.australia.gov.au/about-government/departments-and-agencies/list-of-departments-and-agencies

 

TRAINING TO BE PROVIDED BY THE SPONSOR

The occupational training must be provided directly by the sponsor unless:

  • the sponsor is supported by a Commonwealth agency, and the Commonwealth agency has provided a letter endorsing the arrangement for the provision of the occupational training or
  • the sponsor is 

    a) an agency of:

    i) a State; or
    ii) a Territory;

    b) a higher education provider listed from time to time under Subdivision 16-B of the Higher Education Support Act 2003 as a:

    i) Table A provider; and
    ii) Table B provider; 
    unless the body ceases to be a higher education provider because of section 16-5 of the Higher Education Support Act 2003 ; and

    c) an entity engaged in the field of:

    i) health care;
    ii) scientific research; scientific research;
    iii) social assistance;
    iv) religious services. religious services or

 

  • the occupational training will be provided in circumstances

    a) where:

    i) the occupational training is necessary for the nominee to obtain registration, membership or licensing in Australia, or in the home country of the nominee, in relation to the occupation of the nominee;

    ii) the registration, membership or licensing is required in order for the nominee to be employed in the occupation of the nominee in Australia or in the home country of the nominee;

    iii) the duration of the occupational training is necessary for the nominee to obtain registration, membership or licensing in Australia, or in the home country of the nominee, in relation to the occupation of the nominee, taking into account the prior experience of the nominee;

    iv) the occupational training is workplace based; and

    v) the nominee has appropriate qualifications and experience to undertake the occupational training; or


    b) in circumstances where the provider is an associated entity of the sponsor as defined in section 50AAA of the Corporations Act 2001.

The sponsor must not intend to engage in activities that will adversely affect the occupational opportunities (i.e. employment or training) of Australian citizens or permanent residents.

The nominee must have at least functional English.

Unpaid occupational training

If the nomination relates to unpaid occupational training, including a workplace-based training programme in the form of an internship, it is referred to as a volunteer position. This means that the trainee is receiving no remuneration for doing the training other than reimbursement of reasonable expenses incurred or prize money.

‘Volunteer role’ is defined as:

A person will perform a volunteer role if:

  • the person will not receive remuneration for performing the duties of the position, other than the following:
    • reimbursement for reasonable expenses incurred by the person in performing the duties;
    • prize money; and
  • the duties would not otherwise be carried out by an Australian citizen or an Australian permanent resident in return for wages.

Some unpaid work arrangements are lawful and others are not. Depending on the nature of the arrangement, the person undertaking the work placement may be an employee and be entitled to be paid the legal minimum rate of pay for the type of work they are doing, along with other minimum employment entitlements.

Whether an unpaid work placement is lawful depends on whether:

  • an employment relationship exists, or
  • the arrangement involves a vocational placement.

Further information on unpaid work placements is available on the Fair Work Ombudsman Unpaid work webpage.

A vocational placement is a formal work experience arrangement that must be completed as a component of a course as a whole, or of an individual subject or module of the course. Further, the institution delivering the placement must be authorised to do so. Vocational placements that meet the definition under the Fair Work Act 2009 are lawfully unpaid, regardless of whether an employment relationship exists or not.

If the nomination relates to unpaid occupational training, approved sponsors must provide evidence to demonstrate that the position is not eligible for payment. Acceptable evidence may be documentation showing they have authorisation under the Fair Work Act 2009 to provide nil payment to the nominee.

 

Workplace-based training

The occupational training must be workplace-based for:

  • Occupational training required for registration 
  • Occupational training to enhance skills
  • Occupational training for capacity building overseas - overseas qualification
  • Occupational training for capacity building overseas - government support

The occupational training programme is considered workplace-based if:

  • it comprises at least 30 hours a week of training and
  • at least 70 percent of that training is conducted in the workplace (i.e. not in a classroom or similar teaching environment).

Therefore, a copy of the training programme must be provided to DIBP. The objectives and components of the training programme should be outlined. The training programme should include an assessment of the nominated trainee’s current level of skill in the identified occupation, training needs analysis, and details of all supervisors, trainers and assessors, including their qualifications and experience, planned learning outcomes and how they will be monitored and assessed.

 

Individually structured training

The occupational training must be individually structured for:

  • Occupational training to enhance skills
  • Occupational training for capacity building overseas - overseas qualification
  • Occupational training for capacity building overseas - government support

To be structured and individually tailored to the training needs of the nominee, the programme should:

  • clearly differentiate between periods of practical work experience and periods of instruction and/or observation
  • outline the objectives, tasks and timeframes
  • include an assessment of the nominated trainee’s current level of skill in the identified occupation and
  • outline the additional or enhanced skills the applicant is aiming to gain.

The tasks to be completed and outcomes to be achieved should be consistent with the objectives of the programme, include timeframes for completion, and show an increase in difficulty and complexity over the course of the training programme to allow the nominated trainee to progress to a higher level skills capability.

It is expected that a structured training programme will include supervision by appropriately qualified and experienced supervisors. An example of an appropriate qualification for a supervisor would be a Certificate IV in training and assessment. Appropriate experience would be someone with specialised knowledge and experience in the subject area, for example an architect with 10 years’ experience, including specific experience in the area of the proposed training programme, would be qualified to supervise, train and assess the learning outcomes of a junior architect. The training programme should include mechanisms for the learning outcomes of the applicant to be monitored and assessed. 

Nomination type 1 - Occupational training for registration

The nomination must be for occupational training that:

  • is necessary for the nominated trainee to obtain registration, membership or licensing in their identified occupation
  • involves a mandatory registration, membership or licensing requirement to be employed in the identified occupation of the nominated trainee in Australia or in the home country
  • is of a duration necessary for the identified trainee to meet the registration, membership or licensing requirement in the identified occupation, taking into account their prior experience
  • is workplace based and
  • the nominated trainee has appropriate qualifications and experience to undertake the occupational training

This nomination type does not provide for applicants who are already working in an occupation and are seeking to gain a qualification, such as membership to a professional association (for example, an accountant who, while working, undertakes study to obtain qualification as a chartered accountant).

This visa is also is not appropriate for the purposes of an applicant seeking to gain a trade certificate/qualification.

As part of the nomination, the sponsor is required to submit a letter from the regulatory body in Australia or the home country advising that the training is necessary for the nominated trainee to obtain mandatory registration to work in the occupation. 

Duration of the training programme - registration requirements usually specify the length of training or practical experience that is necessary to obtain the registration. 

The nominated trainee must already have qualifications and/or experience relevant to the training which they are intending to undertake. The letter from the regulatory body provides evidence that the nominated trainee has completed the prerequisite training.

Conditional registration - health practitioners who are treating patients as part of their occupational training are required to have conditional registration from the relevant national, state/territory regulatory body. Nominations for health practitioners must include a letter from the relevant registration authority advising that the nominated person has the required conditional registration. 

 

Nomination type 2 - Occupational training to enhance skills

The nomination must be for occupational training that:

  • is a structured workplace-based training programme, specifically tailored and timed to the training needs of the nominated person, and is of a duration that meets the specific needs of the nominees; 
  • is in relation to an occupation specified - on CSOL - consolidated skilled occupation list and
  • involves an occupational trainee who has recent (the equivalent of at least 12 months full-time in the last 24 months) and suitable prior experience to undertake the training

The nominated trainee must have recent experience in the identified occupation that the training relates. The nominated trainee must be building upon skills which they already have gained. This experience may include employment experience or study experience however:

  • it must be the equivalent of at least 12 months full-time experience in the occupation and
  • it must have occurred in the 24 months immediately preceding the time of nomination. For example, 8 months full-time experience and 8 months part-time experience or 24 months part-time experience

 

Nomination type 3 - Occupational training for capacity building overseas - SUBCATEGORY overseas qualification

  • the nominee must be required to complete a period of no more than 6 months of practical experience, research or observation to obtain a qualification from a foreign educational institution; and
  • and the occupational training is a structured workplace‑based training programme specifically tailored to the training needs of the nominee.

This nomination type subcategory enables students who are currently enrolled in a foreign educational institution and who are required to complete a period of practical training, research or observation (or any combination thereof) to obtain their qualification, the opportunity to undertake up to 6 months in Australia for this purpose.

The nomination form requires the sponsor to submit with the nomination a letter from the educational provider in the home country advising that the practical experience, research or observation is a requirement of the nominated person’s course. 

Masters or PhD students undertaking research projects with a foreign tertiary institution or research institute as part of:

  • their overseas postgraduate qualification; or
  • postgraduate research in their field of expertise

are considered researchers and may be eligible for a Temporary Activity visa (subclass 408) – Research activity.

 

Nomination type 3 - Occupational training for capacity building overseas - subcategory government support

  • the occupational training must be supported by a government agency in Australia or the government in the home country of the nominated trainee;
  • is a structured workplace-based training programme specifically tailored to the nominated trainee; and
  • of a duration that meets the specific training needs of the nominee

Support by a government agency in Australia must be provided at the Commonwealth/State/Territory government levels. Support by the government in the nominated person’s home country, must be provided at a national, provincial, state/territory level.

A letter of support from the government agency or the government in the home country must be provided and should indicate that the training promotes international capacity building and the reasons why. 

 

Nomination type 3 - Occupational training for capacity building overseas - subcategorY professional development

  • the nominee must have an overseas employer and be in a managerial or professional position in relation to the overseas employer; and
  • the occupational training is relevant to, and consistent with, the development of the managerial or professional skills of the nominee; and
  • the occupational training will provide skills and expertise relevant to, and consistent with, the business background of the overseas employer of the nominee; and
  • the primary form of the occupational training is the provision of face‑to‑face teaching in a classroom or similar environment.

The provision to allow professional development training is intended to cater for Australian organisations that develop tailored professional development programmes and market these to overseas employers who wish their managerial or professional employees to gain additional skills consistent with the business of the overseas employer.

The primary form of the training must be face to face teaching in a classroom or similar environment (which is considered to be at least 55 percent).

Generally, occupations listed in ANZSCO Major Groups 1 and 2 are considered to be ‘professional’ or ‘managerial’ occupations. Other managerial or professional occupations may be eligible, even if not listed in ANZSCO Major Groups 1 and 2, provided they are management or professional occupations.

Summary of occupational training nomination types

Nomination type Workplace-based Individually Structured ANZSCO requirement
Training for Registration  YES  N/A N/A
Training to Enhance Skills  YES  YES CSOL occupations, 12 months recent work experience required
Capacity Building Overseas - Overseas Qualification  YES  YES N/A
Capacity Building Overseas - Government Support  YES  YES N/A
Capacity Building Overseas - Professional Development  Classroom primarily  N/A ANZSCO major group 1 and 2

The nomination application fee: $170

Visa Application for 407 Training Visa

The primary applicant:

  • has turned 18 or
  • the applicant has not turned 18 and exceptional circumstances exist for the grant of the visa

The applicant must not be a holder of:

  • a permanent visa or
  • subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular stream) or
  • a Subclass 771 (Transit) visa; or 
  • a special purpose visa

The applicant must have functional English.

The sponsor has agreed to be the sponsor of the applicant.

The visa applicant must be subject to an approved nomination unless the training is to be provided by the Commonwealth (see above Nomination for Training Visa - 407).

There must be no adverse information about the person who made the nomination (or a person associated with them).

The grant of the visa must not adversely affect the occupational opportunities (i.e. employment or training) of Australian citizens or permanent residents.

The applicant must have adequate health insurance.

The applicant genuinely intends to stay in Australia for the period granted to undertake the occupational training specified in the application.

The applicant must have sufficient funds for their stay in Australia.

The period of stay allowed must be consistent with the training requirements of the visa applicant, but no more than 2 years.

The visa is granted with condition 8102 - ‘the holder must not engage in work in Australia (other than in relation to the holder’s course of study or training)’

The visa application fee: $285

 

PLEASE NOTE: All information valid as at 27/11/2016. The above information is prepared based on legislation and procedural instructions valid as at 27/11/2016. Last reviewed on 06/07/2018 to reflect new visa application charges. OZ HOME MIGRATION does not guarantee all information is correct and professional advice should be sought in relation to the above information.

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