Subclass 407 — Training

407.1—Interpretation

Note: There are no interpretation provisions specific to this Part.

407.2—Primary criteria

Note 1: The primary criteria must be satisfied by at least one member of a family unit. Any other member of the family unit who is an applicant for a visa of this subclass need satisfy only the secondary criteria. Note 2: All criteria must be satisfied at the time a decision is made on the application.

407.211

Either:

(a) the applicant has turned 18; or

(b) the applicant has not turned 18 and exceptional circumstances exist for the grant of the visa.

407.212

The applicant has functional English. Note: For functional English, see subsection 5(2) of the Act.

407.213

Each of the following applies:

(a) an approved sponsor has agreed, in writing, to be the sponsor of the applicant;

(b) the sponsor is:

(i) a temporary activities sponsor; or

(ii) if the application was made on or before 18 May 2017—a professional development sponsor or a training and research sponsor;

(c) the sponsor has not withdrawn its agreement to be the sponsor of the applicant;

(d) the sponsor has not ceased to be the sponsor of the applicant.

407.214

If the approved sponsor is not a Commonwealth agency:

(a) the sponsor has nominated a program of occupational training in relation to the applicant under paragraph 140GB(1)(b) of the Act; and

(b) the nomination has been approved under section 140GB of the Act on the basis of the criteria in regulation 2.72A; and

(c) the approval of the nomination has not ceased under regulation 2.75A; and

(d) either:

(i) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or

(ii) it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor.

407.215

The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.

407.216

The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.

407.217

The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:

(a) if the applicant has held a substantive visa—whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and

(b) whether the applicant intends to comply with the conditions to which the Subclass 407 visa would be subject; and

(c) any other relevant matter.

407.218

The applicant does not hold:

(a) a permanent visa; or

(b) a temporary visa specified by the Minister in a legislative instrument made for the purposes of this paragraph.

407.219

The applicant has:

(a) adequate means to support himself or herself; or

(b) access to adequate means to support himself or herself;

during the period of the applicant’s intended stay in Australia.

407.219A

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4013, 4014, 4020 and 4021.

(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.

407.219B

The applicant satisfies special return criteria 5001, 5002 and 5010.

407.219C

Either:

(a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or

(b) both of the following apply:

(i) the Minister is satisfied that the applicant has engaged in such conduct in that period;

(ii) the Minister considers that it is reasonable to disregard the conduct.

407.3—Secondary criteria

Note 1: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria. Note 2: All criteria must be satisfied at the time a decision is made on the application.

407.311

The applicant is a member of the family unit of a person who holds any of the following visas granted on the basis of satisfying the primary criteria for the grant of the visa:

(a) a Subclass 402 (Training and Research) visa;

(b) a Subclass 407 (Training) visa.

407.312

The approved sponsor of the primary applicant:

(a) has agreed, in writing, to be the sponsor of the applicant; and

(b) has not withdrawn its agreement to be the sponsor of the applicant; and

(c) has not ceased to be the sponsor of the primary applicant; and

(d) either:

(i) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or

(ii) it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor.

407.313

Either:

(a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or

(b) both of the following apply:

(i) the Minister is satisfied that the applicant has engaged in such conduct in that period;

(ii) the Minister considers that it is reasonable to disregard the conduct.

407.314

The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.

407.315

The applicant genuinely intends to stay temporarily in Australia as a member of the family unit of the primary applicant, having regard to:

(a) if the applicant has held a substantive visa—whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and

(b) any other relevant matter.

407.316

The applicant has:

(a) adequate means to support himself or herself; or

(b) access to adequate means to support himself or herself;

during the period of the applicant’s intended stay in Australia.

407.317

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4013, 4014, 4020 and 4021.

(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.

407.318

The applicant satisfies special return criteria 5001, 5002 and 5010.

407.4—Circumstances applicable to grant

407.411

The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.

407.5—When visa is in effect

407.511

(1) If the applicant is outside Australia at the time of grant—temporary visa permitting the holder:

(a) to travel to and enter Australia until a date specified by the Minister; and

(b) to remain in Australia during a period (the period of stay) beginning on the day the applicant first enters Australia as the holder of the visa and ending at the end of a period specified by the Minister, which must not exceed 2 years; and

(c) to travel to and re-enter Australia during the period of stay.

(2) If the applicant is in Australia at the time of grant—temporary visa permitting the holder:

(a) to remain in Australia during a period (the period of stay) beginning on the date of grant of the visa and ending at the end of a period specified by the Minister, which must not exceed 2 years; and

(b) to travel to and re-enter Australia during the period of stay.

407.6—Conditions

407.611

If the applicant is a primary applicant:

(a) the visa is subject to conditions 8102, 8303, 8501 and 8516; and

(b) conditions 8106, 8107, 8301, 8502, 8503, 8525 and 8526 may be imposed.

407.612

If the applicant is a secondary applicant:

(a) the visa is subject to conditions 8104, 8303 and 8501; and

(b) conditions 8106, 8301, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.