Looking to Upskill? The Subclass 407 – Training Visa Might be For You
The Subclass 407 Training Visa is designed for individuals looking to improve their skills and competencies through targeted workplace-based occupational training.
An example could be training that you need to obtain professional registration in your field, or that helps you improve your competencies. Although not intended to fill or address labour shortages, this visa does allow for holders to work for the sponsoring organisation in the nominated application whilst undertaking the training; that is to say, even whilst upskilling and training, you can still work for the organisation!
If you are an individual looking to come to Australia to train and upskill, this is likely the visa for you.
To apply for and receive the Training Visa, as well as meeting the general character and health requirements, you must have an approved business sponsor that is willing to nominate you to take part in the training in question. In other words, before receiving this visa, you must have a business that is willing to facilitate and support your training. This might be as simple as finding and applying to a business in your field that you like the look of. Assuming the business is happy to have you, you can then get the ball rolling on getting the sponsorship approved.
Once the business is approved as a sponsor for the Training Visa – a fairly simple process that involves sending an application and associated documents off to the Department of Home Affairs – the next step is nomination. Assuming the business successfully nominates you, the question is then which ‘stream’ is the best pathway for you to obtain the visa. There are three such streams: (1) Workplace Based Occupational Training, (2) Training that Promotes Capacity Building Overseas, and (3) Work-Based Training for Registration.
1. Workplace-based Occupational Training
This stream is best suited for individuals with recent qualifications and/or experience in their field who wish to take part in workplace-based training. Under this visa, such training must help applicants enhance their skills, whether in their current occupation, area of tertiary study, or field of broader expertise. There are strict requirements regarding this training; the business must design and provide to the Department of Home Affairs an Individually Structured Training Programme. This means that this stream provides highly targeted, highly specialised training to applicants.
2. Training that Promotes Capacity Building Overseas
This stream is designed for applicants who wish to come to Australia to participate in a professional development training programme. An example could be an applicant that, as part of the training/education they are undergoing in their native country, is required to complete an internship as part of their qualification. This stream represents the Australian Government’s desire to assist other nations by offering its businesses and workforce as a means of educating and training those of others.
3. Work-based Training for Registration
The third and final stream is best suited to applicants that, as part of their occupational requirements, need to gain registration/licencing. It should be noted that this stream is only applicable for professions that require licencing in either Australia or in the applicant’s country of passport, however.
What Could Go Wrong?
Although it may sound and seem relatively straightforward, the reality is that things do go wrong, and any of the stages of this visa can be refused by the Department if you are not careful. An interesting example is the 2018 Administrative Appeals Tribunal case of Toni & Guy Parramatta (No 2) Pty Ltd (Migration). In this instance, the applicant – the hairdressing salon company Toni & Guy – was appealing a refused 407 nomination application. Simply, the Department of Home Affairs said that it did not believe the training programme proposed by Toni & Guy was specific enough for the applicant they were trying to nominate and refused the nomination on this basis.
In the course of the appeal, the applicant’s Migration Agent argued on their behalf that the programme was, in fact, specific enough, and that it benefitted the applicant’s skills sufficiently, and so that the nomination ought to be approved. Although an extensive and complex argument, the Migration Agent was ultimately successful, and the Tribunal approved the nomination.
In complex matters, it is essential that you engage top-quality Migration Agents to assist you. The case above is an example of a situation where, but for the Agent’s skilful arguments, the visa would have been refused. Results Migration are the best in the field, with a team of experienced migration lawyers and registered migration agents that are available to guide you through this complex area of law. Call Results Migration on 1800 808 717 or email us on [email protected] and book your free consultation today!
