TRAINING AND RESEARCH VISA (SUBCLASS 402)
The Subclass 402 Visa is a Training, Professional Development and Research Visa and Not a substitute work or skilled working visa. Its primary purpose is to allow people access to sponsored work based training, development or research to come to Australia to undertaken a short to medium term placement. The 402 has three streams:
- Occupational Trainee stream: for a person who requires structured workplace-based training for registration or to enhance their skills in their current occupation or area of tertiary study.
- Professional Development stream: for a professional, manager or government official who wishes to enhance their managerial or professional skills by participating in a professional development program.
- Research stream: for an academic who wishes to observe or participate in an Australian research project at an Australian tertiary or research institution, in collaboration with academics employed by the institution.
What can a Subclass 402 visa holder lawfully do?
- enter Australia and undertake the training, development or a research position as specified in their application once approved
- Subject to their sponsor’s approval, travel in and out of Australia as many times as required whilst the visa is in effect.
- Bring eligible family members with them if they are approved under the Occupational Trainee or Research stream and these family members may also subject to visa conditions work whilst in Australia.
How Long Does a Subclass 402 Visa last?
- For the Occupational Trainee stream the maximum duration is two years.
- For the Professional Development stream the maximum duration is 18 months.
- For the Research stream the maximum duration is 12 months.
How does the Subclass 402 Visa Work?
Like all sponsored visas, there are multiple stages to the visa process. For the subclass 402 visa, there are three stages: Sponsorship, Nomination and the Visa application.
STAGE 1 – Sponsorshiop
STAGE 2 – Nomination (Occupational Trainee Stream Only)
STAGE 3 – Visa Application
Who can sponsor and what are the basic requirements?
To sponsor someone on this visa, your organisation must first apply and be approved as a Training and Research sponsor (for the Occupational Trainee and Research streams) or a Professional Development sponsor (for the Professional Development stream).
Your organisation may be eligible to become a:
Training and Research Sponsor (for the Occupational Trainee and Research streams): Similar to other types of Business Sponsorship arrangements, any Australian organisation that is lawfully operating in Australia, a foreign government agency, or an Australian government agency. If the lawfully operating organisation wishes to sponsor a person in the Research stream, it must be a tertiary or research institution in addition to one of these types of organisations.
Professional Development Sponsor (for the Professional Development stream): Again, any Australian organisation that has lawfully operated in Australia for at last one continuous year or has been specifically approved by the Minister for Immigration, or an Australian government agency. The organisation must have a professional development agreement with an eligible overseas employer and the specified program must meet numerous requirements including that no less than 55% of the training is nominally undertaken in a classroom environment.
Term of Sponsorship agreement
Once your organisation’s application to become a Training and Research Sponsor has been approved, the Sponsorship agreement with the Department of Immigration is generally valid for three years or an approved period.
A Professional Development Sponsorship ends within the 3 year timeframe or when professional development agreement approval ends
As an approved Training and Research Sponsor or a Professional Development Sponsor there are a range of obligations. These include:
- Under the Occupational Trainee Stream applicants who are sponsored as a volunteer or in the Professional Development stream, must have a functional offer of accommodation
- Under the Professional Development stream, you have to pay travel costs to enable the sponsored person to leave Australia under certain circumstances.
Other obligation exist for each stream. For more information call us to discuss your needs in detail.
How does the Nomination process work?
A 402 nomination application is required for an application in the Occupational Trainee stream only. (If the sponsoring organisation is a Commonwealth agency, there is a different process for the nomination.)
The nomination application must meet the specified criteria which varies depending on the occupational training that will be undertaken be it:
Workplace-based occupational training required for trade or professional registration in Australia or the visa applicant’s country of origin;
Structured workplace-based training to enhance skills in an occupation from the Consolidated Sponsored Occupation List;
Structured workplace-based training for capacity building outside Australia. It must be shown that this training is not available in the visa applicant’s home country as well as other requirements.
The training duration must be for 30 hours/week in the workplace. Occupational trainees must be paid in accordance with Australia’s industrial relation laws unless they are undertaking a volunteer position. Other conditions apply – Call Us Now to talk about the Subclass 402 Visa Criterions Applicable to You.
How can I apply for a Subclass 402 Visa and where should I be when I apply?
To apply for a Subclass 402 visa in the Occupational Trainee or Research stream, you can apply from either inside or outside of Australia. However, if applying from inside Australia you must hold a qualifying visa and have no restrictions on your visa which prevent you from applying onshore.
To apply in the Professional Development stream, you must be outside Australia when you apply.
A visa applicant in all three streams must demonstrate that they satisfy all Schedule 1 and Schedule 2 criteria, including that they:
- are over 18 years of age (limited exemption)
- demonstrate they have the means to support themselves during their stay
- have health adequate and suitable insurance for the duration of their stay in Australia
- Be able to demonstrate they genuine temporary
- Meet health and character requirements
Eligible family members must also meet all of the criterions that apply to them as Subclass 402 visa applicants under the Occupational Trainee or Research stream.
As with all visa classes, other criteria apply. For the Subclass 402 visa, applicants under each of the three streams will need to meet these and other requirements:
Occupational Trainee stream: English language proficiency to undertake the training; no adverse effect on occupational opportunities available to Australians; for the training is to enhance your skills, you have at least 12 months full-time experience in the occupation (this can be employment or study) within the two years before you apply
Research stream: you are or have been employed as an academic at a tertiary education or research institution, have a significant record of achievement in your field, and you will not be paid for your participation other than a contribution towards living and travel expenses.
Professional Development stream: you are employed in a managerial or professional position overseas and have the English language proficiency to undertake the development program.
More about the Why and How of a Subclass 402 Visa
The subclass 402 visa offers the right applicant and organisation many benefits. Determining if it is the right visa for you and your needs is something we at Modern Migration Australia are here to help you with.
As with all visa and sponsorship processes, complex issues arise and processing can be time consuming and stressful. As a sponsor, you need to understand your full obligations. Using the experienced team of migration specialists at Modern Migration Australia is the best option for ensuing an effective and cost efficient visa process because we know what a successful application needs and what a sponsor specific obligations and requirements are. Our advice will begin with helping you determine if the Subclass 402 visa is the right visa for your needs. If it isn’t we’ll find one that is your best fit.