Training and Research Visa (Subclass 402)

The Training and Research visa (subclass 402) is no longer accepting new applications as of November 19, 2016. However, there are alternative visa options available such as the Training visa (subclass 407) or Temporary Activity visa (subclass 408). Depending on your specific circumstances, you may want to consider applying for the Training visa (subclass 407) if you plan to undertake occupational training or participate in a classroom-based professional development program. Alternatively, the Temporary Activity visa (subclass 408) may be more suitable if you are an academic collaborating in a research project, a student or recent graduate undertaking research at an Australian institution, or an elite sportsperson in high-level training.

Visa Holders

If you have already been granted a Training and Research visa (subclass 402), it is important to understand your rights and obligations. You can use the Visa Entitlement Verification Online (VEVO) service to check your visa details and entitlements free of charge.

Duration of the Visa

The validity of the Training and Research visa (subclass 402) depends on the specific stream you are in:

• OCCUPATIONAL TRAINEE stream: two years
• PROFESSIONAL DEVELOPMENT stream: 18 months
• RESEARCH stream: 12 months

Renewing Your Visa

If you wish to extend your stay in Australia, you will need to lodge a new application for the Training and Research visa (subclass 402) and provide all relevant documents. Additionally, you will be required to pay the visa application charge. If your visa was granted under the Occupational Trainee stream, you may need to provide an explanation if you were unable to complete the training within the initial training period. However, if you hold the visa under the Professional Development stream, you cannot apply or reapply for this visa while you are in Australia.

Visa Entitlements

The Training and Research visa (subclass 402) allows you to:

• Enter Australia at any time after your visa is granted, if you are outside of Australia at the time of visa grant.
• Stay in Australia for the duration of the nominated training, research position, or program.
• Engage in the specific training or activity specified in your visa application.
• Travel to and from Australia as many times as you want until you have finished participating in the program or your visa expires, whichever occurs first.

If you hold this visa under the Occupational Trainee or Research streams, you may also be eligible to bring your family with you. However, your family members may not be able to be in Australia without you and must intend to remain members of your family unit. Family members in the Occupational Trainee stream are limited to working up to 40 hours per fortnight, while family members in the Research stream may have unrestricted work rights.

Visa Holder Obligations

As a visa holder, it is important to comply with all visa conditions and Australian laws. During your stay in Australia, you must:

• Maintain adequate health insurance for the duration of your stay.
• Continue to meet the requirements of the visa stream in which you were granted the visa.
• Leave Australia before your visa ends.

Occupational Trainee Stream Obligations

If you are sponsored under the Occupational Trainee stream, you must:

• Participate fully in the occupational training and not engage in any other work outside of the approved training program.
• Not become unemployed, leave your workplace-based training to work for someone else, or work for someone else in a second job.
• Not participate in any activities that could affect your participation in the occupational training.
• Inform your sponsor if there are any changes in your personal circumstances or if you have concerns about the training program.
• If you decide to train with another organization while in Australia, you will need to be sponsored by that organization and have a new nomination approved.
• Family members in the Occupational Trainee stream are limited to working up to 40 hours per fortnight.

Research Stream Obligations

If you are sponsored under the Research stream, you must:

• Continue in the position for which your visa was granted and only engage in research related to that position.
• Not become unemployed, leave your job to work for someone else, or work for someone else in a second job.
• Not receive a salary.
• Inform the department if your sponsor ceases your employment or training and find another employer who is willing to sponsor you.

Professional Development Stream Obligations

If you are sponsored under the Professional Development stream, you must:

• Participate fully in the professional development program and not pay any of the participant costs that your sponsor is liable for.

Reporting Changes in Circumstances

It is important to inform the department if there are any changes in your circumstances. This includes changes in residential address, passport details, or significant life events such as pregnancy, birth, divorce, separation, marriage, de facto relationship, or death in your family. You can report these changes through ImmiAccount or by using the appropriate forms if ImmiAccount is not accessible to you.

Sponsor Obligations

If you are an approved sponsor of a Training and Research visa (subclass 402) holder, there are certain obligations you must comply with:

• Cooperate with inspectors appointed under the Migration Act 1958 who are investigating sponsorship obligations or the hiring of illegal workers.
• Tell the department when certain events occur, such as changes to your address and contact details or if the sponsored person fails to participate in the nominated occupation, program, or activity.
• Keep records to show compliance with your sponsorship obligations and provide records and information to the Minister if requested.
• Not recover, transfer, or charge certain costs to another person, including migration agent costs.
• Pay costs to locate and remove an unlawful non-citizen if the sponsored person becomes an unlawful non-citizen.
• Ensure the sponsored person participates in the nominated occupation, program, or activity.

Additional obligations may apply depending on the specific stream in which you made the nomination, such as securing accommodation or paying travel costs for sponsored individuals.

It is important to note that sponsorship obligations begin on the day the sponsorship is approved and end after a specified period of time or when the sponsorship ceases.

For more information on your specific obligations as a sponsor, please refer to the official guidelines provided by the Department of Home Affairs.