The Occupational Trainee Subclass 402 Visa is for expatriates who want to improve their occupational skills through training with an Australian organisation or its associated entities.
Expatriates may be eligible for this visa if the proposed occupational training is one of the following:
- training or practical experience in the workplace required for the expatriate to obtain registration for employment in their occupation in Australia or in their home country;
- a structured workplace training program to enhance the expatriate's existing skills in an eligible occupation;
- structured workplace training to enhance the expatriate’s skills and promote capacity building overseas.
Occupational Trainee (Subclass 402) Visa
This visa category is used to provide occupational and workplace training to supplement formal study of overseas qualified or near-qualified people. Often, universities and higher education institutions have a requirement for their students to participate in workplace training at overseas locations.
An Occupational Trainee Subclass 402 Visa needs two participating entities:
- an occupational trainee; and
- an Australian nominating organisation that:
- is approved as an Occupational Trainee or Training and Research Sponsor;
- nominates an Occupational Trainee; and,
- provides the training to the Occupational Trainee.
Occupational Training Program
An occupational training program must:
- be closely related to the trainee's current occupation, field of study or area of expertise;
- enhance the trainee's current skill level;
- be a program conducted in a supervised workplace;
- not impact upon occupational training opportunities for Australian citizens and permanent residents.
Australian Nominating Organisation Eligibility
To be eligible to provide training to an Occupational Trainee, an Australian nominating organisation must be approved by the Department of Immigration and Citizenship (DIAC) as an Occupational Trainee or Training and Research Sponsor.
The requirements for approval as an Occupational Trainee or Training and Research Sponsor include the following:
- act as sponsor for the trainee;
- be financially, actively and lawfully operating;
- have a structured and supervised training program;
- have the capacity to provide the training in Australia;
- have a record of providing similar training and employment to Australian citizens and permanent residents;
- have appropriate suitably qualified staff to provide the training;
- the capacity to satisfy Occupational Trainee or Training and Research Sponsorship Obligations refer to: http://www.immi.gov.au/visas/temporary-visa/402/occupational-trainee/sponsors.htm
- satisfactory compliance with Australian law;
The Occupational Trainee or Training and Research Sponsorship is approved by DIAC for a period of three years. To continue to provide training for trainees the sponsor will need to renew their sponsorship before the sponsorship approval period of three years expires.
Eligibility for an Occupational Trainee Nomination
The Occupational Trainee or Training and Research Sponsor must apply for and obtain Occupational Trainee Nomination approval with DIAC.
The requirements for approval of an Occupational Trainee Nomination application include the following:
To lodge a nomination application the nominating organisation must…
This means providing documentary evidence of…
have a structured and supervised training program for the occupational trainee.
have a record for providing similar training and employment to Australian citizens and permanent residents.
The Australian nominating organisation must comply with Australian Industrial Relations laws and employment awards that apply to the occupation the trainee will work in.
Eligibility for an Occupational Trainee Subclass 402 Visa
Trainees must apply for and obtain an Occupational Trainee Subclass 402 Visa to undertake training in Australia.
The requirements for approval of an Occupational Trainee Subclass 402 Visa include the following:
- be at least 18 years of age (unless exceptional circumstances justify a visa being granted to an expatriate under 18 years of age);
- have a genuine intention to undertake the occupational training program;
- have sufficient English Language Proficiency to undertake the occupational training and meet Occupational Health and Safety standards;
- have adequate health insurance;
- be of good health and character.
A Trainee applicant may include eligible family members as secondary applicants in their Occupational Trainee Subclass 402 Visa application. If an eligible family member is not included in the visa application they may make a separate secondary visa application at a later time.
The trainee and any family member included in the Occupational Trainee Subclass 402 Visa application must show that they have adequate health insurance for the duration of the visa.
Trainees and their family members may be nationals of countries with a Reciprocal Health Care Agreement (RHCA) with Australia including United Kingdom, Sweden, the Netherlands, Finland, Norway, Malta, Italy, Belgium, Slovenia, the Republic of Ireland and New Zealand. Refer to: http://www.humanservices.gov.au/customer/services/medicare/medicare-card?utm_id=9
Visa Validity Period
The visa, if granted, may be valid for undertaking a training program for up to a maximum of two years (subject to the length of the approved training program). An additional period of one to two months may be added beyond the training end date to allow the trainee and family members to make arrangements to leave Australia, or to apply for another visa.
If the training cannot be completed in two years, the trainee can apply for a second occupational trainee Subclass 402 visa. The trainee and the nominator must meet the eligibility requirements again.
Nominating Organization’s Obligations
An Australian nominating organisation as an approved sponsor must satisfy Occupational Trainee or Training and Research Sponsorship Obligations refer to: http://www.immi.gov.au/visas/temporary-visa/402/occupational-trainee/sponsors.htm
A Trainee holding an Occupational Trainee Subclass 402 Visa must comply with Visa Conditions imposed on the visa.
While undertaking the training program occupational trainees must:
- participate fully in the occupational training program;
- not undertake any other activities, such as additional studies, if those activities are likely to impact on the trainee's participation in the occupational training program;
- notify the nominator of any changes to their personal circumstances, such as inability to continue the program;
- notify the nominator if they have any concerns about the training program.
Processing of decision ready Training and Research Sponsorship, Nomination and Subclass 402 Visa applications may take up to one to two months. More definitive time frames can be provided at the time of lodgement.
We recommend a professional consultation to discuss the abovementioned information and to review eligibility.
A professional consultation will enable us to explain the process more fully, appropriate options and strategies, timelines and costs and your prospects of success.
Please contact us.