FREQUENTLY ASKED QUESTIONS
WHAT IS A TRAINING (SUBCLASS 407) VISA?
The Training visa allows an Australian organisation to sponsor overseas candidates to undertake occupational training in their workplace, under a structured training plan (see below).
A Training visa is appropriate in circumstances where people do not meet the work experience requirements for a skilled visa, and provides an opportunity for businesses to engage and 'upskill' overseas candidates in a workplace-based context, so they can gain relevant work experience in their nominated occupation.
The Training visa can be granted for a maximum period of two (2) years, after which time the individual may be sponsored on a skilled visa, such as a Temporary Skills Shortage (subclass 482) visa.
WHY PARTICIPATE IN THE SUBCLASS 407 PROGRAM?
Unlike other employer sponsored visa programs, the following requirements do not apply to a nomination under the s/c 407 visa program:
- Labour Market Testing - ordinarily requires sponsors to advertise the nominated position for a specified period;
- Skilling Australian Fund Levy - up-front payment of $1,200 or $1,800 per year (depending on business turnover) for each year of the total proposed visa period; and
- Paying a salary at the market rate, which is no less than the current Temporary Skilled Migration Income Threshold (TSMIT) of AUD70,000. It is an opportunity to engage a trainee to work in your business for up to two (2) years, at the market salary rate afforded to Australian apprentices and trainees.
WHAT DOES THE APPLICATION PROCESS INVOLVE?
Sponsorship Application
Australian business applies to become a 'Temporary Activities' sponsor (once-off process). Sponsorship is valid for five (5) years, during which time any number of s/c 407 visa candidates can be nominated.
Nomination Application
Australian business nominates a position to be filled by the prospective applicant in an eligible occupation, and provides details of the proposed training program.
Visa Application
The visa applicant demonstrates their ability to meet the eligibility criteria for the visa, including health, character, and English criteria. All applicants must demonstrate at least 12 months of full-time (or equivalent part-time) work or study experience in the nominated occupation in the 24- month period immediately before the application is lodged.
WHAT DOES A TRAINING PLAN ENTAIL?
The training plan is specifically tailored to the training needs of a candidate, and must cover essential elements like learning objectives, training delivery methods, a breakdown of tasks, timeframes and assessment methods. It is expected that the program offers a minimum of 30 hours per week in practical training, 70% of which is not a classroom situation.
In essence, the training plan must demonstrate a gradual progression in complexity of practical tasks undertaken under supervision, to assist the candidate to build on skills and experience they already have. RCR lawyers will provide guidance and assistance with his aspect of the application process.
WHAT ARE MY OBLIGATIONS AS A SPONSOR?
You must ensure that the visa holder only works or participates in the nominated occupation and follows the training plan. This obligation begins the day the visa is granted and will cease on the earliest of the following events:
- The visa holder is granted another substantive visa.
- The visa holder has a nomination approved with a different sponsor.
- The visa holder has left Australia and their subclass 407 has ceased.
You will also have obligations that apply to all temporary activities sponsors.
AM I OBLIGED TO EMPLOY THE PROSPECTIVE CANDIDATE FOR THE FULL LENGTH OF THIS VISA?
If the prospective candidate does not meet your expectations within your business, the process of terminating their employment is consistent with any other Australian employee. There is no legally enforceable obligation to maintain an employment relationship that does not work due to factors outside of either party's control.
In circumstances where the training and employment relationship ends, the business must notify the Department of the event within a specified timeframe, to remain compliant with its sponsorship obligations. The onus is on the visa holder to find an alternative sponsor within a specified period, or to make arrangements to depart Australia.
ARE YOU INTERESTED IN THE 407 VISA PROGRAM?
We have access to quality cooks and chefs overseas, who can work in Australia under a 2-year training program. We have formal agreements in place with the government of Vietnam and various training schools where the candidates are currently studying and/or working, and we are looking to connect these candidates with potential employers (with the expectation of securing the visa work).
If you are interested and wish to discuss further, please contact Roxy Topham, Special Counsel and Head of Migration Services at RCR Lawyers who would be happy to assist you with any immigration-related enquiries. Contact her by email at r.topham@rcrlaw.com.au or call her on tel:0730098444.
