Occupational Trainee Visa (Subclass 442)

The Occupational Trainee visa allows foreign nationals to complete structured and supervised workplace-based training programs or academic research in Australia on a temporary basis. The training must provide people with additional or enhanced skills in their present occupations, tertiary studies or fields of expertise.

This temporary visa is for people from outside Australia who want to improve their work skills through training with an Australian employer.

An occupational training program needs two parties:

• an occupational trainee
• an Australian based nominating organisation to provide the training

The applicant must pay a non-refundable visa application charge when they lodge a visa application.

This visa may be valid for up to two years to undertake a training program (subject to the length of the approved training program). An additional two months may be added beyond the training end date to allow you and your family members to make arrangements to leave Australia or to apply for another visa.

Note: If the training cannot be completed in the approved visa period, you can apply for a second occupational trainee visa. You and your nominating organisation must meet eligibility requirements again.

This visa needs two parties:

• an occupational trainee
• an Australian based nominating organisation to provide the training.

Occupational training is a supervised training program that is:

• workplace-based (no more than 30 per cent classroom-based)
• designed specifically to increase the trainee’s level of practical skill in their present occupation or area of expertise.

The process for establishing an occupational training program is summarised in the table below:

It is the responsibility of the…	to…
occupational trainee	find a nominating organisation willing to provide them with a suitable occupational training program consult with the nominating organisation to ensure that the proposed training program meets their training needs.
nominator	design and deliver the occupational training program within Australia. nominate an occupational trainee for a training program monitor the participation of an occupational trainee in the training program report to the department if the trainee leaves the program before completion.

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 at least 70% in a supervised workplace
• not adversely impact upon occupational opportunities for Australian citizens and permanent residents.

Note: The visa cannot be granted unless the nomination has been approved by the department. If you are currently in Australia and your visa is about to expire, contact your nearest departmental office.
A nomination is valid for 12 months from the date approved by the department.
This visa may be valid for up to two years to undertake a training program (subject to the length of the approved training program). An additional two months may be added beyond the training end date to allow you and your family members to make arrangements to leave Australia or to apply for another visa.
Note: If the training cannot be completed in the approved visa period, the trainee can apply for a second occupational trainee visa. The trainee and the nominator organisation must meet eligibility requirements again.

Eligibility

Occupational Trainee Eligibility

Trainees must meet one or more of the following requirements. They must:

• • have been employed in their current occupation, studying or engaged in their field of expertise for at least the last 12 months (unless exceptional circumstances justify that a visa should be granted despite a shorter period of experience)
  or
• • have recently graduated from a foreign educational institution and are:
  • o seeking occupational training in a closely related field
    or
  • o undertaking research in their field of study (other than full time research towards a further qualification).

Trainees must:

• be at least 18 years of age (unless exceptional circumstances justify a visa being granted to a person under 18 years of age)
• have sufficient English to undertake the training program and to ensure occupational health and safety standards are met
• have a genuine intention to undertake the occupational training program
• have adequate health insurance
• be of good health and character.

A foreign national is not eligible for an occupational trainee visa if they are undertaking either one of the following:

• an apprenticeship
• research for a full time post-graduate degree for an Australian Institution

If in Australia on a student visa, foreign nationals may be eligible for an occupational trainee visa if they:

• have successfully completed the principal course of study for which their student visa was granted
  and
• want to undertake a period of supervised work experience for professional registration either in Australia or in their home country
  or
• have successfully completed the principal course of study at the diploma or higher level, in Australia, for which their student visa was granted
  and
• want to undertake a supervised occupational training program in a closely related field for up to 12 months.

If outside Australia, foreign nationals may be eligible for an occupational trainee visa if they are:

• undertaking a course of study at an overseas educational institution
  and
• able to provide evidence from their overseas institution that the occupational training will be credited towards the grant of an award at the overseas institution

Occupational Trainee visa holders are eligible to apply for a subsequent Occupational Trainee visas while still in Australia, provided that the original visa has not expired at the time of application.

Such an application will be treated as a new application and the applicant must meet all of the requirements before a visa can be granted.

Occupational Trainee visa holders can apply for selected visas while in Australia. Please check on the requirements for the visa you wish to apply for.

All visa applicants aged 18 years or over, must declare that they will respect Australian values and obey the laws of Australia. For applicants of this visa, the values statement is included in the general declaration section of the application form. By signing the form applicants will also be signing the values statement. Applicants for this visa will not be required to have read the Life in Australia book, but may do so if they wish.

Visa applicants are also encouraged to gain an understanding of Australia, its people and their way of life, before applying for this visa.

Family Member Eligibility

The following people may apply to accompany and stay with the occupational trainee in Australia:

• the trainee’s spouse
• the trainee’s or trainee’s spouse’s dependent child
• other relatives living with the trainee who are dependent on the trainee

Family members must have adequate health insurance.

Evidence of sufficient funds or other means to support family members is required.

If a family member was not included in the original application, the following information will need to be provided:

• completed Form 147 Application for a temporary residence visa (non-business)
  Note: Question 17 on this form is specifically for dependent applicants
• copy of the nomination approval letter
• evidence of the relationship to the primary applicant
  Example: Marriage or birth certificate (Refer Question 24 on Form 147)
• written confirmation from the employer/sponsor that they are aware that the dependents will be joining the trainee in Australia
• health and character checks and evidence of health insurance (if applicable)
• certified copies of their passport bio data page
• application fee

Australian Nominating Organisation Eligibility

An organisation is eligible to nominate an occupational trainee if it is one of the following:

• an Australian business actively and lawfully engaged in business in Australia
• an Australian Commonwealth, State or Local government organisation
• an Australian based international organisation with diplomatic status.

Australian Commonwealth government organisations are not required to lodge a nomination

Nominators will also need to provide documentary evidence to support their eligibility.

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.	a skills audit and training needs analysis of the trainee details of all supervisors including their qualifications or experience a structured training program outlining the additional or enhanced skills to be gained which is consistent with the trainee’s current employment or educational history duration of each training phase where the training will take place including any classroom-based training how learning outcomes will be assessed details of similar training being offered to Australian Citizens and permanent residents.
be registered, financially viable and actively operating in Australia.	date of establishment, principal business activities most recent financial reports (profit and loss statement, balance sheet) or annual report.
demonstrate that the grant of the visa will not adversely affect the occupational opportunities of Australian Citizens or permanent residents	no current employees being displaced by the trainee similar occupational opportunities, including training, being provided to employees who are Australian Citizens or permanent residents.
in the case of trainee doctors, provide specific information.	endorsement from the relevant specialist college that: the position to be occupied by the trainee doctor is a genuine training position the training program is appropriate to the needs of the trainee doctor a training program co-signed by the Director of Medical Services and the designated supervisor. the doctor has qualifications and experience to meet any registration requirements.

An established Australian based organisation must:

• be financial and actively operating
• have the capacity to provide training
• have a structured and supervised training program
• comply with nomination obligations
• have suitably qualified staff to provide training

Australian Commonwealth government organisations are eligible to provide occupational training. Nomination approval is not required for these organisations.

These organisations must provide a letter, which states the trainee is undertaking an occupational trainee program. The letter must indicate the type of training, location and duration of the training. A copy of this letter must be included with the visa application

Australian state territory or local government organisations are eligible to provide occupational training. Nomination approval is required for these organisations.

Obligations

Occupational Trainee Obligations

The occupational trainee must understand their obligations about their entry into Australia and participation in the occupational training program.

While in Australia, an occupational trainee must:

• comply with the conditions attached to their occupational trainee visa
• not undertake any work outside of the occupational training program
• maintain health insurance for the duration of their stay in Australia
• contact the department if they want to change their nominator or leave their training program before it is completed.

The following table outlines the conditions attached to the occupational trainee visa.

If you are…	you must…
the occupational trainee	not engage in work in Australia (other than in relation to your course of study or training). maintain adequate arrangements for health insurance while in Australia.
a family member of the occupational trainee	not engage in work for more than 20 hours a week while in Australia. maintain adequate arrangements for health insurance while in Australia.

Note: Other conditions may apply.
While undertaking the training program occupational trainees must:

• participate fully in the occupational training program
• not undertake any other activities 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
• To be granted a visa, the trainee and any family member included in the occupational trainee application must show that they have adequate health insurance for the first 12 months of the training program, or if less than 12 months, the period of training.
• The minimum acceptable insurance is a health or travel insurance policy that provides cover for all hospital in-patient costs, pre-existing conditions and pharmaceuticals and be suitable for the workplace. Nationals of Finland, Ireland, Italy, Malta, New Zealand, Netherlands, Norway, Sweden and United Kingdom have access to public hospital treatment in Australia under Reciprocal Health Agreements with Australia. This coverage is acceptable for visa grant but additional coverage is recommended for those services not covered under these arrangements.
• Note: Overseas Student Health Cover cannot be used for occupational trainee visa applications.

Australian Nominating Organisation Obligations

Australian nominating organisations must provide a workplace-based structured and supervised occupational training program that suits the needs of the occupational trainee by enhancing the skills the trainee has already gained through one of the following:

• current occupation
• current overseas institution studies
• recently completed studies
• demonstrated and current expertise in a particular field

Note: Occupational trainees must have at least 12 months experience in an occupation, field of study or area of expertise (unless exceptional circumstances justify that a nomination should be approved despite the trainee having a shorter period of experience).

Australian nominating organisations must have suitably trained staff to provide the training.

An Australian nominating organisation must meet several obligations when they lodge a nomination. The obligations include that the organisation will notify the department immediately if:

• the trainee ceases the training program before the agreed completion date
• there is a change to the nominating organisation’s circumstances which may impact on the trainee’s training program

Nominators must sign a declaration stating that the trainee will be paid in accordance with the relevant workplace relations laws.

Nominators and trainees will be asked to sign forms to acknowledge that the proposed program does not breach industrial relations laws, if the training position is unpaid:

• 1283 Occupational trainee visa- acknowledgement by nominee (if unpaid)
• 1284 Occupational trainee visa- acknowledgement by nominator

Nominators and the trainees are required to sign the relevant form if unpaid trainees fit into the following groups:

• Students enrolled in overseas tertiary institutions entering Australia to undertake unpaid workplace-based training, as part of their overseas qualification, in a high skilled occupation for less than 6 months.
• Recent tertiary graduates (within 12 months of graduation) participating in workplace-based training, in their field of study, in a high skilled occupation for less than 3 months.
• People undertaking research or observation that does not involve productive or meaningful work.
• People undertaking a formal religious training program (other than full-time study at a tertiary institution) that will lead to them being qualified to work as a religious worker.

Nominations involving unpaid workplace-based training of people who do not fit into the groups above will not be approved unless evidence can be provided that the program does not breach workplace relations laws.

Occupational Trainee visa (Subclass 442)

Charge Type	Charge Amount
Nomination	Nil
Visa Application Charge	$250