Schedule 3 criteria permits unlawful non-citizens to apply for a visa in Australia on compassionate or compelling grounds, instead of being required to depart Australia and apply offshore.
The purpose of the Schedule 3 criteria is to:
There are situations in which non-citizens remain in Australia without a substantive visa through circumstances over which they have no control and situations where there are compelling reasons for granting them a visa to remain. Unfortunately, there is not a set of “examples” for compassionate and compelling grounds however, the ground must be in relation to an Australian citizen or permanent resident, as an individual or a business.
Partner visa, due to Migration Act s.48 and its assessment criteria, has been the best option to those who had been unlawful in Australia and would not (or unable to) return to their home country to apply for an Australian visa. Yet, applications refused based on the applicant unable to satisfy Schedule 3 criteria has been high, hinting unless you have a strong and touching reason to lodge the visa application onshore, you are likely to get your application refused.
Make sure you lodge the right visa application at the right time in the right place. It not only assists in your application assessment but also lowers the risks of refusals. Partner visa can be very complicated and, if not in good hands, it could become a disaster.
Please be advised that on 01 July 2014, Department of Home Affairs (DHA) has changed its policy in relation to Schedule 3 – Criteria 3004. These changes have affected Partner visa (subclass 820/801) for applicants who made/make your application when your substantive has ceased or you were/are the holder of a bridging visa or you were/are an unlawful citizen or the last substantive visa you held contained the Condition 8503 ‘No Further Stay’, at the time of the application.
The policy states:
Criterion 3004 requires that, if an application was made within 28 days after your substantive visa ceasing, you must meet ALL of the following provisions:
If you are unable to demonstrate that you meet Criteria 3004, the Migration Regulations state that the Schedule 3 criteria may be waived where there are compelling reasons for not applying those criteria. The Migration Regulations do not prescribe the circumstances that need to be considered when assessing whether or not ‘compelling reasons’ exist to not to apply Schedule 3 criteria. Circumstances are therefore considered on a case by case basis pursuant to policy. The law provides firstly that policy must be applied flexibly, and secondly that the Regulations cannot be limited by a too narrow policy.
Both the visa applicant and the sponsor should be invited to put forward any claims for DHA to consider when assessing if compelling grounds exist.
The visa applicant should explain in detail the circumstances that led you to become the person who is not the holder of substantive visa and provide information relating to any compelling reasons you may feel apply to your case.
You will need to provide relevant documents to support your claims.
You will also need to provide documents and information in relation to Regulation 1.09A and 1.15A, which address all matters regarding the relationship between you and your sponsor such as Financial Aspect, Nature of the Household, Social Aspect and the Nature of Commitment to Each Other.
As mentioned at the beginning of this blog, if applicants cannot satisfy Schedule 3 (3001, 3003 and 3004), then they must be able to demonstrate there are compelling reasons to ‘waive’ the application of Schedule 3 against them. Unfortunately, there is no way to apply for this ‘waiver’ before the Partner visa is applied for and it is simply assessed in conjunction with all other visa criteria. So, the case could be that the Partner visa could otherwise be granted, except that Schedule 3 is not satisfied and an applicant is unable to demonstrate compelling circumstances to have it waived.
Unfortunately, there are no clear guidelines that suggest what will constitute compelling circumstances in the eyes of the DHA, however, Government policy does provide some guidance on how strictly they will approach this tricky area of Migration Law.
The Government Policy (what is used by DHA case officers to help interpret the law and guide case officer decision making), states the following:
The Migration Regulations do not prescribe the circumstances that need to be considered when assessing whether or not ‘compelling reasons’ exist to not apply Schedule 3 criteria 3001, 3003 and 3004. As such, officers should consider circumstances on a case by case basis.
In doing so, however, officers should be mindful that the intent of the waiver provisions is to allow persons whose circumstances are genuinely compelling to regularise their status. The provisions are not intended to give, or be perceived to give, an unfair advantage to persons who:
An example of where the circumstances may not be compelling to waive the Schedule 3 requirements may be where an applicant has remained unlawful for a number of years, made little or no effort to regularise their status and claims compelling circumstances on the basis of a long term relationship with their sponsoring partner and/or hardship caused by separation if they were to apply outside Australia for the visa.
With the intent of the waiver provisions in mind, it is generally reasonable to expect that compelling reasons to exercise the waiver provision exist where an applicant’s circumstances happened beyond their control. That is, circumstances beyond the applicant’s control had led them to become unlawful and/or prevented them from regularising their status through means other than the Partner visa application for which they seek the waiver.
For example, in the scenario given earlier, it is reasonable to accept that compelling circumstances exist to waive the Schedule 3 criteria if, for reasons beyond the applicant’s control – such as severe illness or incapacity – the applicant was prevented from regularising their status in the years they had been unlawful.
As a general rule, the existence of a genuine spouse or de facto relationship between the applicant and sponsoring partner, and/or the hardship suffered from the separation if the applicant were to leave, and apply for the visa, outside Australia are not, in themselves, compelling reasons not to apply the Schedule 3 criteria. This is because a genuine relationship forms the basis of all Partner visa applications, and hardship caused by separation, whilst it differs in degree from one case to another, is common in the Partner visa caseload, particularly in the offshore context where partners may be separated for extended periods during visa processing.
Policy intends that the waiver provision should not be applied where it is reasonable to expect the applicant to leave Australia and apply outside Australia for a Partner visa. This not only ensures fairness and equity to other applicants and discourages deliberate non-compliance, but also preserves the integrity of the Partner visa program in general and the waiver provisions in specific.
Matters that officers should take into consideration when assessing whether the applicant’s circumstances may be considered compelling include but are not limited to:
(Source: DHA – PAM3 – MIGRATION REGULATIONS – SCHEDULES > PAM – Sch2 Visa 820 – Partner)
Government policy shows us that the DHA will not make it easy for applicants who have purposely remained unlawful in an attempt to circumvent visa requirements to regularize their status through an Australian Partner visa. However, what readers should understand is that the waiver provisions are discretionary meaning that applicants are welcome to put forward all the facts of their relationship to help demonstrate compelling circumstances exist. Importantly, applicants must be able to show that compelling circumstances existed at the time of visa application and not necessarily what has developed after the visa has been applied for.
Some factors that may help an argument of compelling circumstances may include:
If you have recently been refused an Australian visa, and disagree with the decision, there are some steps you can take. Book a consultation with a lawyer or a registered agent to get expert legal advice.
Not all decisions are reviewable by the AAT. For example, you cannot apply to have a decision reviewed by the AAT if the Minister for Immigration and Border Protection personally decides to refuse or cancel your visa under section 501 of the Migration Act 1958.
Any type of visa (permanent or temporary) may be cancelled by the Department of Home Affairs (DHA) if you do not pass the “character test”. The character test is defined in section 501(6) of the Migration Act 1958 (the Migration Act). Applications for a visa can also be refused if you do not pass the character test.
You will not pass the character test if you:
A person will have a substantial criminal record if they have been:
If you have a substantial criminal record you fail the character test and DHA may cancel your visa.
Tip
When calculating a “period of imprisonment”, DHA will include parole periods, suspended sentences, time spent in periodic detention, or time spent in drug rehabilitation or mental health facilities if they were ordered as a sentence by a court. Sentences received for juvenile offenses can also be included.
The Department of Home Affairs (DHA) is notified that you have a substantial criminal record.
This usually happens while you are in prison. DHA will generally not start the cancellation process until the last six months of your sentence. However, DHA can consider cancelling your visa at any time either while you are in prison or after you have been released.
DHA sends you a Notice of Intention to Consider Cancellation.
This Notice means DHA is considering cancelling your visa. No final decision has been made at this stage. You will be given a chance to tell the DHA why your visa should not be cancelled.
The Minister for Immigration and Citizenship can also cancel your visa. This means the Minister makes the decision personally and not an officer of DHA. The Minister will not follow the same process described here and there is no appeal to the AAT for this type of cancellation. You should get legal advice if the Minister is considering cancelling your visa.
DHA cancels your visa and sends you a Notice of Visa Cancellation.
This means a decision has been made to cancel your visa. You need to act quickly.
Important
The section of the Department of Home Affairs that deals with visa cancellation on character grounds is the National Character Consideration Centre (NCCC).
Applying to the Administrative Appeals Tribunal (AAT) to review the decision.
If your visa has been cancelled by DHA, you can apply for a review of the decision at the AAT. There are very strict time limits. You must apply for review within 9 days. To work out the exact date you must apply to the AAT see Calculating time limits section below.
The steps you will need to take are:
1. Complete an Application for Review of Decision Form. You can ask the AAT to send you this form. You can send it to the AAT by post or fax.
2. Prepare your documents. It is best to send with your application to the AAT a copy of:
It is important that you keep copies of everything you send to the AAT.
4. Seek legal advice or assistance. It is possible to represent yourself at the AAT but you can try to get some helpful tips from a lawyer beforehand. If you are not confident speaking English, you can also ask the AAT for an interpreter.
There is a very short and strict time limit to apply for a review to the AAT (9 days).
The time limit of 9 days is from the date you were deemed to be notified of the decision. It is important to know that this is not always the date that you received your Notice of Visa Cancellation or heard about it.
The amount of time you have to lodge your application depends on how you received the Notice of Visa Cancellation. It will depend on the date you are deemed to have been notified of the decision to cancel your visa. This may be different from the date on the Notice. An example of how to calculate time limits is in “Working out time limits” section of this page.
If the Notice of Visa Cancellation was posted to you:
If you received the Notice of Visa Cancellation by hand, fax, or email:
You cannot ask for extra time to make an application for review, unless there was something wrong with the Notice of Visa Cancellation itself or the way that you received it.
This does not happen very often but if you think it might have happened to you get legal advice immediately.
You will be given a File Number by the AAT when you lodge your Application for review. It will have the year when you lodged your application and another number – for example; 2011/1234. You should give your file number whenever you contact the AAT. This will make it easier for them to find out about your case.
After you have lodged your application, there are very strict time limits for you to provide more evidence or information to support your appeal. It is very difficult to get extensions. This is because the AAT must make a decision within 84 days of the date you are deemed to have been notified of the decision to cancel your visa. If the AAT does not make a decision within the 84 days, the decision to cancel your visa will automatically be “affirmed”. This means that the AAT will not be able to change DHA’s decision and your visa will remain cancelled.
The first thing that will happen is a directions hearing.
At the directions hearing, an officer of the AAT will:
The directions hearing will probably be held by telephone and is usually short. Sometimes there are legal issues that also need to be dealt with at the directions hearing. DHA will be represented by a lawyer at the AAT. You should get the contact details of DHA’s lawyer so that you can send your evidence to them.
At the directions hearing it is important for you to write down:
The final hearing is where the AAT will consider all the evidence. It is advisable to attend the hearing. You might be able to do this by telephone if you cannot go in person, but it is best to attend in person.
The AAT will either:
The AAT must make its decision within 84 days of the date you are deemed to have been notified of the decision.
Important tip
The AAT can provide an interpreter for you at the hearing. If you need an interpreter, contact the AAT (or ask someone else to contact the AAT for you) a few days before your hearing to make sure an interpreter is organised for you. You can also get an interpreter for any of your witnesses.
Evidence can be in the form of documents including statements, affidavits, letters of support, medical and other reports. It can also be the information you provided to DHA when you responded to the Notice to Consider Cancellation of your visa. You might have prepared a statement at the DHA stage, so there is no need to do another statement.
You must give all your evidence to the AAT and copies to DHA. This must be done no later than 2 working days before the hearing. If you do not give your evidence to the AAT and to DHA at least 2 working days before your hearing the AAT cannot look at it and take it into account.
A statement made by you or a witness should include the facts you want to tell the AAT, signed and dated at the end. You or any witness can also give evidence at the hearing.
If you or someone else wants to give evidence at the hearing, a statement or letter must be given to the AAT and DHA within the 2-day time limit. If a witness does not give a statement they cannot give evidence at the hearing.
Important tip
You must give the AAT and DHA all your evidence at least 2 working days before the hearing.
If you do not have a valid visa, you must be “removed” or deported as soon as possible. This means that if your visa is cancelled and you have completed the custodial part of your sentence, DHA can take steps to send you back to your country of citizenship. This means the country that issued you your passport. You can be removed even if you have not finished your parole period. However, if you have applied to the AAT, you cannot be removed until the AAT makes a decision.
If you have not applied to the AAT or the AAT has “affirmed” the decision to cancel your visa, there is usually nothing else you can do to remain in Australia. Sometimes you can go to court to challenge the decision of the AAT but this is very difficult to do.
If you are removed from Australia because your visa is cancelled, you will be taken to your country of citizenship. You may be given “post return support” which means that you might be given some money, some help with accommodation, transport and/or clothing costs. However, you will owe the Australian government money for your immigration detention and for the costs of your removal. Most importantly, you will never be able to return to Australia.
If the Notice of Intention to Cancel was dated 11 January 2011
And it was posted to you
Add 7 working days starting from the next day, 12 January
12, 13, 14, 17, 18, 19, 20 January
Then
Add another 28 days
21 January to 17 February 2011
So
Your response to a Notice dated 11 January 2011 is due 17 February 2011
If the date of the letter from DHA telling you your visa is cancelled is 7 March 2011
And it was posted to you
Add 7 working days starting from the next day, 8 March
8, 9, 10, 11, 14, 15, 16 March
Then
Add another 9 days
17 to 25 March 2011
So
Your application to the AAT is due 25 March 2011
Common Visa refusal reasons
You have a limited time to respond to a “Natural Justice Letter”.
The most popular au pair visa in Australia are Working Holiday Visa (subclass 417) and Work and Holiday Visa (subclass 462) programs. These Australian visa programs are available for passport holders of certain countries.
To be an au pair in Australia under Working Holiday Visa (subclass 417) nanny must be a holder of a passport of one of these countries: Belgium, Canada, Republic of Cyprus, Denmark, Estonia, Finland, France, Germany, Hong Kong, Republic of Ireland, Italy, Japan, Republic of Korea, Malta, Netherlands, Norway, Sweden, Taiwan and United Kingdom. This visa is not capped.
Passport holders of the following countries might be eligible to apply for a Work and Holiday visa: Argentina, Bangladesh, Chile, China, Indonesia, Malaysia, Poland, Portugal, Spain, Thailand, Turkey, USA, Uruguay. Please note Work and Holiday visas for these countries are capped (except USA) and sometimes it is very hard to secure this kind of visa as allocation is exhausted very quickly (new countries are being added all the time – check the current list on the department’s website).
The Working Holiday visa allows nannies to stay in Australia for up to 12 months, but she or he may only stay with one employer (yes – host is considered as an employer) for up to 6 months.
The idea of a Working Holiday visa program is to allow people between 18-30 years of age (at the time of application) to have a holiday in Australia, which is supplemented by employment. There are some requirements and conditions visa applicants must meet in order to be granted a visa.
Some of Working Holiday au pair visa in Australia mandatory criteria for a visa grant:
The other option broadly explored as a nanny visa in Australia is a Student Visa. Overseas students in Australia are entitled to work 20 hours per week during each semester and full time during holidays and breaks. The 20 hours may seem to be not satisfactory for some hosts but keep in mind there are a lot of holidays when students can work full-time. Please also remember student visa holders must go to school otherwise, their visa may be canceled.
Although it’s not an ideal option, pros are:
To be eligible for a student visa au pair, one must be enrolled in a course listed on CRICOS site and have enough funds to live in Australia for a duration of a course. There is no age requirement.
A tourist visa is granted by the Department of Immigration for tourism purposes only. Work is not allowed for tourist visa holders. Keeping in mind that babysitting is work and it is essentially illegal to be an au pair or a nanny as a tourist visa holder.
Global visa and citizenship processing times will be updated monthly, providing you with an indicative timeframe for processing applications. Processing times are available for the majority of visa subclasses and citizenship products but will exclude a few subclasses such as those closed to new entrants, capped and queued, or which have a low volume of applications. Two processing times are displayed, indicating how long it is taking to finalise 75 and 90 percent of applications submitted globally.
Processing times are impacted each month by changes in application volumes, seasonal peaks, complex cases, and incomplete applications. Processing times include applications lodged online and by paper. Where available, you should lodge your application online as it helps streamline processing arrangements.
| VISA TYPE | DESCRIPTION | 75% OF APPLICATIONS PROCESSED IN | 90% OF APPLICATIONS PROCESSED IN |
| 400 | Temporary Work (Short Stay Activity) (Short Stay Specialist) | 9 days | 16 days |
| 403 | Temporary Work (International Relations) (Government Agreement) | 32 days | 43 days |
| 403 | Temporary Work (International Relations) (Foreign Government Agency) | 28 days | 43 days |
| 403 | Temporary Work (International Relations) (Seasonal Worker Programme) | 9 days | 13 days |
| 407 | Training | 65 days | 77 days |
| 408 | Temporary Activity (Entertainment Activities) | 7 days | 16 days |
| 408 | Temporary Activity (Sporting Activities) | 22 days | 32 days |
| 408 | Temporary Activity (Religious Work) | 67 days | 76 days |
| 408 | Temporary Activity (Research Activities) | 47 days | 69 days |
| 408 | Temporary Activity (Special Programmes) | 66 days | 75 days |
| 408 | Temporary Activity (Invited for Other Social and Cultural Activity) | 8 days | 14 days |
| 417 | Working Holiday | 14 days | 34 days |
| 457 | Temporary Work (Skilled) | 86 days | 6 months |
| 461 | New Zealand Citizen Family Relationship (Temporary) | 8 months | 11 months |
| 462 | Work and Holiday | 7 days | 19 days |
| 476 | Skilled – Recognised Graduate | 4 months | 4 months |
| 485 | Temporary Graduate (Graduate Work) | 5 months | 6 months |
| 485 | Temporary Graduate (Post-Study Work) | 71 days | 90 days |
| 500 | Student (Independent ELICOS Sector) | 55 days | 71 days |
| 500 | Student (Schools Sector) | 55 days | 86 days |
| 500 | Student (Vocational Education and Training Sector) | 43 days | 76 days |
| 500 | Student (Higher Education Sector) | 24 days | 52 days |
| 500 | Student (Postgraduate Research Sector) | 48 days | 4 months |
| 500 | Student (Non-Award Sector) | 29 days | 46 days |
| 500 | Student (Foreign Affairs or Defence Sector) | 15 days | 35 days |
| 590 | Student Guardian | 71 days | 4 months |
| 600 | Visitor (Tourist) | 20 days* | 30 days |
| 600 | Visitor (Sponsored Family) | 41 days | 58 days |
| 600 | Visitor (Business Visitor) | 6 days | 15 days |
| 600 | Visitor (Approved Destination Status) | 3 days | 5 days |
| 600 | Visitor (Frequent Traveller) | 5 days | 12 days |
| 602 | Medical Treatment | 25 days | 56 days |
| 651 | eVisitor | 1 day | 3 days |
| 771 | Transit | 6 days | 9 days |
| 988 | Maritime Crew Visa | 4 days | 6 months |
| 100 | Partner | 15 months | 23 months |
| 101 | Child | 9 months | 15 months |
| 117 | Orphan Relative | 22 months | 26 months |
| 143 | Contributory Parent (Migrant) | 32 months | 33 months |
| 155 | Five Year Resident Return | 2 days | 6 days |
| 173 | Contributory Parent (Temporary) | 32 months | 32 months |
| 186 | Employer Nomination Scheme (Direct Entry Pathway) | 9 months | 11 months |
| 186 | Employer Nomination Scheme (Transition Pathway) | 8 months | 9 months |
| 187 | Regional Sponsored Migration Scheme (Direct Entry Pathway) | 11 months | 12 months |
| 187 | Regional Sponsored Migration Scheme (Transition Pathway) | 8 months | 9 months |
| 188 | Business Innovation and Investment (Provisional) (Business Innovation) | 16 months | 18 months |
| 189 | Skilled – Independent | 4 months | 6 months |
| 190 | Skilled – Nominated | 4 months | 7 months |
| 300 | Prospective Marriage | 12 months | 17 months |
| 309 | Partner (Provisional) | 11 months | 15 months |
| 489 | Skilled – Regional (Provisional) (Skilled Regional – GSM) | 5 months | 6 months |
| 489 | Skilled – Regional (Provisional) (State/Territory Nominated visa classes – GSM) | 5 months | 7 months |
| 801 | Partner | 16 months | 20 months |
| 802 | Child | 7 months | 8 months |
| 820 | Partner | 18 months | 20 months |
| 864 | Contributory Aged-Parent (Residence) | 15 months | 15 months |
| 887 | Skilled – Regional | 7 months | 10 months |
| 892 | State/Territory Sponsored Business Owner | 15 months | 17 months |
*Processing times for the Tourist stream range from 48 hours to more than 20 days depending on factors such as peak processing periods in a particular location.
Last updated: 14 March 2017
| AUSTRALIAN CITIZENSHIP APPLICATION TYPE | 75% OF APPLICATIONS PROCESSED IN | 90% OF APPLICATIONS PROCESSED IN |
| Conferral (lodgement to ceremony**) | 10 months | 12 months |
| Descent (lodgement to decision) | 63 days | 4 months |
| Evidence (lodgement to decision) | 5 days | 12 days |
**A small proportion of applicants for Australian citizenship by conferral are not required to attend a ceremony. For Descent and Evidence applications, allow an additional 10 days for printing and postage of your certificate. If you applied from outside Australia, postage will take longer.
We assess applications on a case-by-case basis, and actual processing times can vary due to individual circumstances including:
With many flights out of Australia cancelled and even fewer places you can fly to, those already in Australia on visitor visas are wondering what they can do.
In general, those in Australia on visitor visas are not meant to stay in Australia longer than 12 consecutive months. However, during COVID-19, these circumstances have changed.
Here are a few examples of the typical tourist visa within Australia during COVID-19:
Louis is only asking for another 9 months because, in total, that will take him to a consecutive 12 months in Australia.
Jennifer can apply for another tourist visa for a further 12 months. There are exceptional circumstances she can claim to remain in Australia on a tourist visa for more than 12 consecutive months.
Tom needs to apply for another long term visa as soon as he can and claim exceptional circumstances. He should NOT remain in Australia and breach his Condition 8558. If he breaches his Condition 8558, it may potentially jeopardise the chance of future visa grant and he could have his current visa cancelled.
Sarah needs to apply for a waiver of the Condition 8503 as soon as possible. Without that waiver, she is very limited in what type of visa she could apply for while she remains in Australia. The Department of Home Affairs is likely to consider a waiver request favourably to Sarah’s current circumstance.
Working Holiday Visa holders cannot apply for a tourist visa onshore unless you have exceptional circumstances. If you are unable to return to your home country or are unable to secure a flight out of Australia, you can consider a tourist visa or other visa options.
Temporary Activity 408 Visa holders are allowed to stay in Australia for 12 months to work during critical sectors including healthcare sectors, agricultural sectors, food processing, aged care, disability care, child care and many more.
The Training Visa Subclass 407 is a short stay visa for people to complete occupational training activities to improve skills for your career or area of study, or in a professional development training program in Australia.
For a general overview of the Training visa, please click here.
To be eligible for the visa, your sponsor/employer must have nominated you to join in a program of occupational training. The requirements for the nomination differ depending on the purpose or type of training. There are three different types of nominations:
To be nominated for this type, the training must be necessary for you to obtain registration, membership, or licensing in Australia or your home country. Therefore, this nomination type would not be suitable if you are already working in the occupation. It is also not suitable for people to seek a professional association e.g. an accountant who wants to become a chartered accountant.
Your sponsor must submit a letter from the regulatory body in Australia or your home country to prove that training is necessary to obtain the registration to work in the occupation.
The length of the training would depend on the registration requirement.
This training must be structured workplace-based training tailored specifically to your training needs. Only certain occupations are eligible for this nomination. To check if your occupation is relevant, please see here. The training provided by the sponsor must be related to the occupation.
Other criteria for this nomination is that you have recent and relevant experience. You must have at least 12 months of full-time experience in the occupation and this must have occurred in the 24 months immediately before the time of nomination. The experience may include employment or study experience.
The duration of the training would depend on the training required to ensure that your skill level would match the skill level prescribed by ANZSCO.
The Training Subclass 407 Visa is a short stay visa for people to undergo occupational training or professional development in Australia. The Training visa allows people to undertake occupational training in Australia to meet occupational registration or licensing requirements; to enhance skills in their occupation; or for capacity building overseas.
The visa is generally valid for stay in Australia for 2 years. The visa is subject to condition 8102 which forbids work apart from the training specified in the visa application. You must also maintain your health insurance whilst in Australia.
The application must be lodged online. You can either be in Australia or overseas when lodging the application. Family members (spouses and children) can be included in the application.
There are two eligibility pathways for the visa. However, all applicants must show that they:
Sponsorship by an approved Temporary Activities Sponsor is required.
This stream requires a nomination by the sponsor to do one of the following activities in Australia:
Occupational training would generally require at least 70% of the training to be on-the-job versus classroom training.
This would require you to be working overseas in a management or professional position. Training is primarily classroom training and would need to be in skills relevant to your position.
The 407 visa is granted for a specific period, anywhere from six months to two years. The Immigration Case Officer will decide the length of the visa based on how much training they think you need. At the end of the 407 visa, you may be eligible for another type of visa.
If you are outside Australia at time of grant, this visa allows you to:
If you are in Australia at time of grant, this visa allows you to:
The duration of stay (stay period) you have been granted will be consistent with the requirements of your training position or professional development programme.
When you receive your visa, you are issued with a visa grant notification letter that explains the conditions of your visa, including the stay period and entry requirements.
Your employer must nominate you (and they cannot be a sole trader or an individual).
Condition 8102: Main applicant must not engage in work in Australia other than in relation to the holder’s course of study or training.
Condition 8104: Secondary applicants must not engage in work for more than 40 hours a fortnight while the holder is in Australia.
A Training (Subclass 407) Visa is processed in approximately 71 days to 4 months. If your current visa is due to expire, we may be able to lodge your 407 visa so you can remain in Australia on a bridging visa during the processing time.
This application is made up of three parts:
A subsequent temporary application charge of $700 per applicant may be payable if the applicant has previously lodged certain temporary visas whilst in Australia.
The list below consists of occupations eligible to apply for a 407 visa.
6 occupations moved from STSOL to MLTSSL
| arts administrator or manager | 139911 |
| dancer or choreographer | 211112 |
| music director | 211212 |
| artistic director | 212111 |
| tennis coach | 452316 |
| footballer | 452411 |
16 occupations moved from the STSOL to the ROL
| aquaculture farmer | 121111 |
| cotton grower | 121211 |
| fruit or nut grower | 121213 |
| grain, oilseed or pasture grower (Aus)/field crop grower (NZ) | 121214 |
| mixed crop farmer | 121216 |
| sugar cane grower | 121217 |
| crop farmers (nec) | 121299 |
| beef cattle farmer | 121312 |
| dairy cattle farmer | 121313 |
| mixed livestock farmer | 121317 |
| pig farmer | 121318 |
| sheep farmer | 121322 |
| livestock farmers (nec) | 121399 |
| mixed crop and livestock farmer | 121411 |
| dentist | 252312 |
| anaesthetist | 253211 |
5 occupations removed from the STSOL
| visual arts and crafts professionals (nec) | 211499 |
| textile, clothing and footwear mechanic | 323215 |
| watch and clock maker and repairer | 323316 |
| chemical plant operator | 399211 |
| library technician | 399312 |
2 occupations added to the ROL
| deer farmer | 121314 |
| goat farmer | 121315 |
| Medium and Long‑term Strategic Skills List | ||
| Item | Column 1
Occupation |
Column 2
ANZSCO code |
| 1 | chief executive or managing director | 111111 |
| 2 | corporate general manager | 111211 |
| 3 | construction project manager | 133111 |
| 4 | engineering manager | 133211 |
| 5 | child care centre manager | 134111 |
| 6 | nursing clinical director | 134212 |
| 7 | primary health organisation manager | 134213 |
| 8 | welfare centre manager | 134214 |
| 9 | faculty head | 134411 |
| 10 | chief information officer | 135111 |
| 11 | arts administrator or manager | 139911 |
| 12 | environmental manager | 139912 |
| 13 | dancer or choreographer | 211112 |
| 14 | music director | 211212 |
| 15 | musician (instrumental) | 211213 |
| 16 | artistic director | 212111 |
| 17 | accountant (general) | 221111 |
| 18 | management accountant | 221112 |
| 19 | taxation accountant | 221113 |
| 20 | external auditor | 221213 |
| 21 | internal auditor | 221214 |
| 22 | actuary | 224111 |
| 23 | statistician | 224113 |
| 24 | economist | 224311 |
| 25 | land economist | 224511 |
| 26 | valuer | 224512 |
| 27 | management consultant | 224711 |
| 28 | architect | 232111 |
| 29 | landscape architect | 232112 |
| 30 | surveyor | 232212 |
| 31 | cartographer | 232213 |
| 32 | other spatial scientist | 232214 |
| 33 | chemical engineer | 233111 |
| 34 | materials engineer | 233112 |
| 35 | civil engineer | 233211 |
| 36 | geotechnical engineer | 233212 |
| 37 | quantity surveyor | 233213 |
| 38 | structural engineer | 233214 |
| 39 | transport engineer | 233215 |
| 40 | electrical engineer | 233311 |
| 41 | electronics engineer | 233411 |
| 42 | industrial engineer | 233511 |
| 43 | mechanical engineer | 233512 |
| 44 | production or plant engineer | 233513 |
| 45 | mining engineer (excluding petroleum) | 233611 |
| 46 | petroleum engineer | 233612 |
| 47 | aeronautical engineer | 233911 |
| 48 | agricultural engineer | 233912 |
| 49 | biomedical engineer | 233913 |
| 50 | engineering technologist | 233914 |
| 51 | environmental engineer | 233915 |
| 52 | naval architect | 233916 |
| 53 | engineering professionals (nec) | 233999 |
| 54 | agricultural consultant | 234111 |
| 55 | agricultural scientist | 234112 |
| 56 | forester | 234113 |
| 57 | chemist | 234211 |
| 58 | food technologist | 234212 |
| 59 | environmental consultant | 234312 |
| 60 | environmental research scientist | 234313 |
| 61 | environmental scientists (nec) | 234399 |
| 62 | geophysicist | 234412 |
| 63 | hydrogeologist | 234413 |
| 64 | life scientist (general) | 234511 |
| 65 | biochemist | 234513 |
| 66 | biotechnologist | 234514 |
| 67 | botanist | 234515 |
| 68 | marine biologist | 234516 |
| 69 | microbiologist | 234517 |
| 70 | zoologist | 234518 |
| 71 | life scientists (nec) | 234599 |
| 72 | medical laboratory scientist | 234611 |
| 73 | veterinarian | 234711 |
| 74 | conservator | 234911 |
| 75 | metallurgist | 234912 |
| 76 | meteorologist | 234913 |
| 77 | physicist | 234914 |
| 78 | natural and physical science professionals (nec) | 234999 |
| 79 | early childhood (pre‑primary school) teacher | 241111 |
| 80 | secondary school teacher | 241411 |
| 81 | special needs teacher | 241511 |
| 82 | teacher of the hearing impaired | 241512 |
| 83 | teacher of the sight impaired | 241513 |
| 84 | special education teachers (nec) | 241599 |
| 85 | university lecturer (suitable for the position of research associate or research fellow in a university) | 242111 |
| 86 | medical diagnostic radiographer | 251211 |
| 87 | medical radiation therapist | 251212 |
| 88 | nuclear medicine technologist | 251213 |
| 89 | sonographer | 251214 |
| 90 | optometrist | 251411 |
| 91 | orthotist or prosthetist | 251912 |
| 92 | chiropractor | 252111 |
| 93 | osteopath | 252112 |
| 94 | occupational therapist | 252411 |
| 95 | physiotherapist | 252511 |
| 96 | podiatrist | 252611 |
| 97 | audiologist | 252711 |
| 98 | speech pathologist | 252712 |
| 99 | general practitioner | 253111 |
| 100 | specialist physician (general medicine) | 253311 |
| 101 | cardiologist | 253312 |
| 102 | clinical haematologist | 253313 |
| 103 | medical oncologist | 253314 |
| 104 | endocrinologist | 253315 |
| 105 | gastroenterologist | 253316 |
| 106 | intensive care specialist | 253317 |
| 107 | neurologist | 253318 |
| 108 | paediatrician | 253321 |
| 109 | renal medicine specialist | 253322 |
| 110 | rheumatologist | 253323 |
| 111 | thoracic medicine specialist | 253324 |
| 112 | specialist physicians (nec) | 253399 |
| 113 | psychiatrist | 253411 |
| 114 | surgeon (general) | 253511 |
| 115 | cardiothoracic surgeon | 253512 |
| 116 | neurosurgeon | 253513 |
| 117 | orthopaedic surgeon | 253514 |
| 118 | otorhinolaryngologist | 253515 |
| 119 | paediatric surgeon | 253516 |
| 120 | plastic and reconstructive surgeon | 253517 |
| 121 | urologist | 253518 |
| 122 | vascular surgeon | 253521 |
| 123 | dermatologist | 253911 |
| 124 | emergency medicine specialist | 253912 |
| 125 | obstetrician and gynaecologist | 253913 |
| 126 | ophthalmologist | 253914 |
| 127 | pathologist | 253915 |
| 128 | diagnostic and interventional radiologist | 253917 |
| 129 | radiation oncologist | 253918 |
| 130 | medical practitioners (nec) | 253999 |
| 131 | midwife | 254111 |
| 132 | nurse practitioner | 254411 |
| 133 | registered nurse (aged care) | 254412 |
| 134 | registered nurse (child and family health) | 254413 |
| 135 | registered nurse (community health) | 254414 |
| 136 | registered nurse (critical care and emergency) | 254415 |
| 137 | registered nurse (developmental disability) | 254416 |
| 138 | registered nurse (disability and rehabilitation) | 254417 |
| 139 | registered nurse (medical) | 254418 |
| 140 | registered nurse (medical practice) | 254421 |
| 141 | registered nurse (mental health) | 254422 |
| 142 | registered nurse (perioperative) | 254423 |
| 143 | registered nurse (surgical) | 254424 |
| 144 | registered nurse (paediatrics) | 254425 |
| 145 | registered nurses (nec) | 254499 |
| 146 | ICT business analyst | 261111 |
| 147 | systems analyst | 261112 |
| 148 | multimedia specialist | 261211 |
| 149 | analyst programmer | 261311 |
| 150 | developer programmer | 261312 |
| 151 | software engineer | 261313 |
| 152 | software and applications programmers (nec) | 261399 |
| 153 | ICT security specialist | 262112 |
| 154 | computer network and systems engineer | 263111 |
| 155 | telecommunications engineer | 263311 |
| 156 | telecommunications network engineer | 263312 |
| 157 | barrister | 271111 |
| 158 | solicitor | 271311 |
| 159 | clinical psychologist | 272311 |
| 160 | educational psychologist | 272312 |
| 161 | organisational psychologist | 272313 |
| 162 | psychologists (nec) | 272399 |
| 163 | social worker | 272511 |
| 164 | civil engineering draftsperson | 312211 |
| 165 | civil engineering technician | 312212 |
| 166 | electrical engineering draftsperson | 312311 |
| 167 | electrical engineering technician | 312312 |
| 168 | radio communications technician | 313211 |
| 169 | telecommunications field engineer | 313212 |
| 170 | telecommunications network planner | 313213 |
| 171 | telecommunications technical officer or technologist | 313214 |
| 172 | automotive electrician | 321111 |
| 173 | motor mechanic (general) | 321211 |
| 174 | diesel motor mechanic | 321212 |
| 175 | motorcycle mechanic | 321213 |
| 176 | small engine mechanic | 321214 |
| 177 | sheetmetal trades worker | 322211 |
| 178 | metal fabricator | 322311 |
| 179 | pressure welder | 322312 |
| 180 | welder (first class) | 322313 |
| 181 | fitter (general) | 323211 |
| 182 | fitter and turner | 323212 |
| 183 | fitter‑welder | 323213 |
| 184 | metal machinist (first class) | 323214 |
| 185 | locksmith | 323313 |
| 186 | panelbeater | 324111 |
| 187 | bricklayer | 331111 |
| 188 | stonemason | 331112 |
| 189 | carpenter and joiner | 331211 |
| 190 | carpenter | 331212 |
| 191 | joiner | 331213 |
| 192 | painting trades workers | 332211 |
| 193 | glazier | 333111 |
| 194 | fibrous plasterer | 333211 |
| 195 | solid plasterer | 333212 |
| 196 | wall and floor tiler | 333411 |
| 197 | plumber (general) | 334111 |
| 198 | airconditioning and mechanical services plumber | 334112 |
| 199 | drainer | 334113 |
| 200 | gasfitter | 334114 |
| 201 | roof plumber | 334115 |
| 202 | electrician (general) | 341111 |
| 203 | electrician (special class) | 341112 |
| 204 | lift mechanic | 341113 |
| 205 | airconditioning and refrigeration mechanic | 342111 |
| 206 | technical cable jointer | 342212 |
| 207 | electronic equipment trades worker | 342313 |
| 208 | electronic instrument trades worker (general) | 342314 |
| 209 | electronic instrument trades worker (special class) | 342315 |
| 210 | chef | 351311 |
| 211 | horse trainer | 361112 |
| 212 | cabinetmaker | 394111 |
| 213 | boat builder and repairer | 399111 |
| 214 | shipwright | 399112 |
| 215 | tennis coach | 452316 |
| 216 | footballer | 452411 |
The occupations and corresponding ANZSCO codes set out in the following table are the Regional Occupation List.
| Regional Occupation List | ||
| Item | Column 1
Occupation |
Column 2
ANZSCO code |
| 1 | aquaculture farmer | 121111 |
| 2 | cotton grower | 121211 |
| 3 | fruit or nut grower | 121213 |
| 4 | grain, oilseed or pasture grower (Aus)/field crop grower (NZ) | 121214 |
| 5 | mixed crop farmer | 121216 |
| 6 | sugar cane grower | 121217 |
| 7 | crop farmers (nec) | 121299 |
| 8 | beef cattle farmer | 121312 |
| 9 | dairy cattle farmer | 121313 |
| 10 | deer farmer | 121314 |
| 11 | goat farmer | 121315 |
| 12 | horse breeder | 121316 |
| 13 | mixed livestock farmer | 121317 |
| 14 | pig farmer | 121318 |
| 15 | sheep farmer | 121322 |
| 16 | livestock farmers (nec) | 121399 |
| 17 | mixed crop and livestock farmer | 121411 |
| 18 | public relations manager | 131114 |
| 19 | policy and planning manager | 132411 |
| 20 | project builder | 133112 |
| 21 | procurement manager | 133612 |
| 22 | medical administrator | 134211 |
| 23 | regional education manager | 134412 |
| 24 | sports administrator | 139915 |
| 25 | caravan park and camping ground manager | 141211 |
| 26 | post office manager | 142115 |
| 27 | amusement centre manager | 149111 |
| 28 | fitness centre manager | 149112 |
| 29 | sports centre manager | 149113 |
| 30 | cinema or theatre manager | 149912 |
| 31 | financial institution branch manager | 149914 |
| 32 | human resource adviser | 223111 |
| 33 | workplace relations adviser | 223113 |
| 34 | policy analyst | 224412 |
| 35 | liaison officer | 224912 |
| 36 | market research analyst | 225112 |
| 37 | aeroplane pilot | 231111 |
| 38 | flying instructor | 231113 |
| 39 | helicopter pilot | 231114 |
| 40 | ship’s master | 231213 |
| 41 | multimedia designer | 232413 |
| 42 | wine maker | 234213 |
| 43 | conservation officer | 234311 |
| 44 | exercise physiologist | 234915 |
| 45 | vocational education teacher | 242211 |
| 46 | environmental health officer | 251311 |
| 47 | dentist | 252312 |
| 48 | anaesthetist | 253211 |
| 49 | intellectual property lawyer | 271214 |
| 50 | translator | 272413 |
| 51 | community arts worker | 272611 |
| 52 | agricultural technician | 311111 |
| 53 | operating theatre technician | 311214 |
| 54 | pathology collector | 311216 |
| 55 | construction estimator | 312114 |
| 56 | surveying or spatial science technician | 312116 |
| 57 | mechanical engineering draftsperson | 312511 |
| 58 | safety inspector | 312611 |
| 59 | maintenance planner | 312911 |
| 60 | building and engineering technicians (nec) | 312999 |
| 61 | vehicle painter | 324311 |
| 62 | floor finisher | 332111 |
| 63 | electrical linesworker | 342211 |
| 64 | zookeeper | 361114 |
| 65 | nurseryperson | 362411 |
| 66 | gas or petroleum operator | 399212 |
| 67 | dental hygienist | 411211 |
| 68 | dental therapist | 411214 |
| 69 | emergency service worker | 441211 |
| 70 | driving instructor | 451211 |
| 71 | funeral workers (nec) | 451399 |
| 72 | flight attendant | 451711 |
| 73 | first aid trainer | 451815 |
| 74 | jockey | 452413 |
| 75 | clinical coder | 599915 |
| 76 | property manager | 612112 |
| 77 | real estate representative | 612115 |
The occupations and corresponding ANZSCO codes set out in the following table are the Short‑term Skilled Occupation List.
| Short‑term Skilled Occupation List | ||
| Item | Column 1
Occupation |
Column 2
ANZSCO code |
| 1 | flower grower | 121212 |
| 2 | grape grower | 121215 |
| 3 | vegetable grower (Aus)/market gardener (NZ) | 121221 |
| 4 | apiarist | 121311 |
| 5 | poultry farmer | 121321 |
| 6 | sales and marketing manager | 131112 |
| 7 | advertising manager | 131113 |
| 8 | corporate services manager | 132111 |
| 9 | finance manager | 132211 |
| 10 | human resource manager | 132311 |
| 11 | research and development manager | 132511 |
| 12 | manufacturer | 133411 |
| 13 | production manager (forestry) | 133511 |
| 14 | production manager (manufacturing) | 133512 |
| 15 | production manager (mining) | 133513 |
| 16 | supply and distribution manager | 133611 |
| 17 | health and welfare services managers (nec) | 134299 |
| 18 | school principal | 134311 |
| 19 | education managers (nec) | 134499 |
| 20 | ICT project manager | 135112 |
| 21 | ICT managers (nec) | 135199 |
| 22 | laboratory manager | 139913 |
| 23 | quality assurance manager | 139914 |
| 24 | specialist managers (nec) except:
(a) ambassador; or (b) archbishop; or (c) bishop |
139999 |
| 25 | cafe or restaurant manager | 141111 |
| 26 | hotel or motel manager | 141311 |
| 27 | accommodation and hospitality managers (nec) | 141999 |
| 28 | customer service manager | 149212 |
| 29 | conference and event organiser | 149311 |
| 30 | transport company manager | 149413 |
| 31 | facilities manager | 149913 |
| 32 | music professionals (nec) | 211299 |
| 33 | photographer | 211311 |
| 34 | book or script editor | 212212 |
| 35 | director (film, television, radio or stage) | 212312 |
| 36 | film and video editor | 212314 |
| 37 | program director (television or radio) | 212315 |
| 38 | stage manager | 212316 |
| 39 | technical director | 212317 |
| 40 | video producer | 212318 |
| 41 | copywriter | 212411 |
| 42 | newspaper or periodical editor | 212412 |
| 43 | print journalist | 212413 |
| 44 | technical writer | 212415 |
| 45 | television journalist | 212416 |
| 46 | journalists and other writers (nec) | 212499 |
| 47 | company secretary | 221211 |
| 48 | commodities trader | 222111 |
| 49 | finance broker | 222112 |
| 50 | insurance broker | 222113 |
| 51 | financial brokers (nec) | 222199 |
| 52 | financial market dealer | 222211 |
| 53 | stockbroking dealer | 222213 |
| 54 | financial dealers (nec) | 222299 |
| 55 | financial investment adviser | 222311 |
| 56 | financial investment manager | 222312 |
| 57 | recruitment consultant | 223112 |
| 58 | ICT trainer | 223211 |
| 59 | mathematician | 224112 |
| 60 | gallery or museum curator | 224212 |
| 61 | health information manager | 224213 |
| 62 | records manager | 224214 |
| 63 | librarian | 224611 |
| 64 | organisation and methods analyst | 224712 |
| 65 | patents examiner | 224914 |
| 66 | information and organisation professionals (nec) | 224999 |
| 67 | advertising specialist | 225111 |
| 68 | marketing specialist | 225113 |
| 69 | ICT account manager | 225211 |
| 70 | ICT business development manager | 225212 |
| 71 | ICT sales representative | 225213 |
| 72 | public relations professional | 225311 |
| 73 | technical sales representatives (nec) including education sales representatives | 225499 |
| 74 | fashion designer | 232311 |
| 75 | industrial designer | 232312 |
| 76 | jewellery designer | 232313 |
| 77 | graphic designer | 232411 |
| 78 | illustrator | 232412 |
| 79 | web designer | 232414 |
| 80 | interior designer | 232511 |
| 81 | urban and regional planner | 232611 |
| 82 | geologist | 234411 |
| 83 | primary school teacher | 241213 |
| 84 | middle school teacher (Aus) / intermediate school teacher (NZ) | 241311 |
| 85 | education adviser | 249111 |
| 86 | art teacher (private tuition) | 249211 |
| 87 | dance teacher (private tuition) | 249212 |
| 88 | music teacher (private tuition) | 249214 |
| 89 | private tutors and teachers (nec) | 249299 |
| 90 | teacher of English to speakers of other languages | 249311 |
| 91 | dietitian | 251111 |
| 92 | nutritionist | 251112 |
| 93 | occupational health and safety adviser | 251312 |
| 94 | orthoptist | 251412 |
| 95 | hospital pharmacist | 251511 |
| 96 | industrial pharmacist | 251512 |
| 97 | retail pharmacist | 251513 |
| 98 | health promotion officer | 251911 |
| 99 | health diagnostic and promotion professionals (nec) | 251999 |
| 100 | acupuncturist | 252211 |
| 101 | naturopath | 252213 |
| 102 | traditional Chinese medicine practitioner | 252214 |
| 103 | complementary health therapists (nec) | 252299 |
| 104 | dental specialist | 252311 |
| 105 | resident medical officer | 253112 |
| 106 | nurse educator | 254211 |
| 107 | nurse researcher | 254212 |
| 108 | nurse manager | 254311 |
| 109 | web developer | 261212 |
| 110 | software tester | 261314 |
| 111 | database administrator | 262111 |
| 112 | systems administrator | 262113 |
| 113 | network administrator | 263112 |
| 114 | network analyst | 263113 |
| 115 | ICT quality assurance engineer | 263211 |
| 116 | ICT support engineer | 263212 |
| 117 | ICT systems test engineer | 263213 |
| 118 | ICT support and test engineers (nec) | 263299 |
| 119 | judicial and other legal professionals (nec) | 271299 |
| 120 | careers counsellor | 272111 |
| 121 | drug and alcohol counsellor | 272112 |
| 122 | family and marriage counsellor | 272113 |
| 123 | rehabilitation counsellor | 272114 |
| 124 | student counsellor | 272115 |
| 125 | counsellors (nec) | 272199 |
| 126 | minister of religion | 272211 |
| 127 | psychotherapist | 272314 |
| 128 | interpreter | 272412 |
| 129 | social professionals (nec) | 272499 |
| 130 | recreation officer | 272612 |
| 131 | welfare worker | 272613 |
| 132 | anaesthetic technician | 311211 |
| 133 | cardiac technician | 311212 |
| 134 | medical laboratory technician | 311213 |
| 135 | pharmacy technician | 311215 |
| 136 | medical technicians (nec) | 311299 |
| 137 | meat inspector | 311312 |
| 138 | primary products inspectors (nec) | 311399 |
| 139 | chemistry technician | 311411 |
| 140 | earth science technician | 311412 |
| 141 | life science technician | 311413 |
| 142 | science technicians (nec) | 311499 |
| 143 | architectural draftsperson | 312111 |
| 144 | building inspector | 312113 |
| 145 | architectural, building and surveying technicians (nec) | 312199 |
| 146 | mechanical engineering technician | 312512 |
| 147 | metallurgical or materials technician | 312912 |
| 148 | mine deputy | 312913 |
| 149 | hardware technician | 313111 |
| 150 | ICT customer support officer | 313112 |
| 151 | web administrator | 313113 |
| 152 | ICT support technicians (nec) | 313199 |
| 153 | farrier | 322113 |
| 154 | aircraft maintenance engineer (avionics) | 323111 |
| 155 | aircraft maintenance engineer (mechanical) | 323112 |
| 156 | aircraft maintenance engineer (structures) | 323113 |
| 157 | metal fitters and machinists (nec) | 323299 |
| 158 | precision instrument maker and repairer | 323314 |
| 159 | toolmaker | 323412 |
| 160 | vehicle body builder | 324211 |
| 161 | vehicle trimmer | 324212 |
| 162 | roof tiler | 333311 |
| 163 | business machine mechanic | 342311 |
| 164 | cabler (data and telecommunications) | 342411 |
| 165 | telecommunications linesworker | 342413 |
| 166 | baker | 351111 |
| 167 | pastrycook | 351112 |
| 168 | butcher or smallgoods maker | 351211 |
| 169 | cook | 351411 |
| 170 | dog handler or trainer | 361111 |
| 171 | animal attendants and trainers (nec) | 361199 |
| 172 | veterinary nurse | 361311 |
| 173 | florist | 362111 |
| 174 | gardener (general) | 362211 |
| 175 | arborist | 362212 |
| 176 | landscape gardener | 362213 |
| 177 | greenkeeper | 362311 |
| 178 | hairdresser | 391111 |
| 179 | print finisher | 392111 |
| 180 | printing machinist | 392311 |
| 181 | dressmaker or tailor | 393213 |
| 182 | upholsterer | 393311 |
| 183 | furniture finisher | 394211 |
| 184 | wood machinist | 394213 |
| 185 | wood machinists and other wood trades workers (nec) | 394299 |
| 186 | power generation plant operator | 399213 |
| 187 | jeweller | 399411 |
| 188 | camera operator (film, television or video) | 399512 |
| 189 | make up artist | 399514 |
| 190 | sound technician | 399516 |
| 191 | performing arts technicians (nec) | 399599 |
| 192 | signwriter | 399611 |
| 193 | ambulance officer | 411111 |
| 194 | intensive care ambulance paramedic | 411112 |
| 195 | dental technician | 411213 |
| 196 | diversional therapist | 411311 |
| 197 | enrolled nurse | 411411 |
| 198 | massage therapist | 411611 |
| 199 | community worker | 411711 |
| 200 | disabilities services officer | 411712 |
| 201 | family support worker | 411713 |
| 202 | residential care officer | 411715 |
| 203 | youth worker | 411716 |
| 204 | diving instructor (open water) | 452311 |
| 205 | gymnastics coach or instructor | 452312 |
| 206 | horse riding coach or instructor | 452313 |
| 207 | snowsport instructor | 452314 |
| 208 | swimming coach or instructor | 452315 |
| 209 | other sports coach or instructor | 452317 |
| 210 | sports development officer | 452321 |
| 211 | sportspersons (nec) | 452499 |
| 212 | contract administrator | 511111 |
| 213 | program or project administrator | 511112 |
| 214 | insurance loss adjuster | 599612 |
| 215 | insurance agent | 611211 |
| 216 | retail buyer | 639211 |
You may be able to appeal your visa refusal, visa cancellation, business sponsorship or nomination application refusal to the AAT (Administrative Appeals Tribunal).
The role of the Tribunal is to review the Department’s decision for refusing your application (or cancelling your visa), and re-decide if the Department’s decision was correct. The relevant Tribunal Member will assess and decide if your application satisfies the relevant legal requirements for approval. The AAT can make a decision in your favour and decide that the Department’s decision is incorrect and send the matter back to the Department for reconsideration. If the matter is sent back to the Department for reconsideration, generally speaking, the Department will grant the visa or revoke the visa cancellation.
The AAT can also decide that the Department’s decision was correct and confirm this in its decision. If this occurs, then your appeal is not successful (the consequences of this are explained below).
You may be able to apply for AAT review in the following situations:
The AAT cannot review a decision to cancel a visa if the cancellation occurred when the visa holder was outside of Australia.
If the visa applicant or holder is in Australia, then they are the person who should apply for review. If the visa applicant is overseas, then in most cases the Australian sponsor, nominator or family member makes the application for review.
The business sponsor or employer must apply for review in relation to a refusal of a Standard Business Sponsorship and/or nomination application.
The AAT will complete its own independent assessment of your application to determine if the relevant legal requirements are satisfied. The AAT will review:
The AAT also has independent power to conduct its own investigations. For example it may contact your employer, friends or family if you have provided evidence from, or about, them, or if the Tribunal Member believes that such information and documents are relevant in deciding your application.
If the AAT has any adverse information about you (i.e. information which may cause the review application to fail) then the Tribunal should notify you and ask you to comment on that adverse information held by the AAT. If you receive such a notification it is very important that you do respond to the request for comments within the time limit specified, otherwise your review application may fail.
Generally speaking, the following events will occur when you appeal to the AAT:
After your appeal hearing is finalised, the AAT will generally send you a written statement advising of the Tribunal Member’s decision
If your AAT application is successful, then your application will generally be remitted back to the Department for final determination and decision.
The Department’s processing time for such applications is generally relatively short – say 4 to 8 weeks. However, processing times do vary significantly, and it may be months before you receive a decision from the Department.
Approval of your AAT appeal does not guarantee that your application will be approved. The Department will still check to ensure that all the relevant eligibility requirements are satisfied. I have seen cases where the applicant has been successful with their AAT appeal, but then the visa application is later refused for a different reason, such as not satisfying the relevant health and character requirements.
If your application for review at the AAT is not successful then you will be notified that your current bridging visa will cease in a certain period of time (generally speaking this is 21 days). If you do not want to leave Australia then you have two potential further avenues for review:
Bridging visa & Work rights
If you were granted a Bridging Visa A as a result of the visa application which the Department refused, then if you apply for AAT, this bridging visa will continue to be valid and will allow you to remain in Australia until the AAT has made a decision. If you do not appeal to the AAT then your Bridging Visa will expire and you will need to depart Australia or you will become unlawful.
That depends on the visa that you are currently holding. If you are holding a substantive visa, which are basically all visas except for bridging visas, then you need to comply with the conditions of your substantive visa. For example, if you are holding a student visa, then there may be restrictions on the number of hours that you can work. If you are a primary 457 visa holder, then you can only work for your sponsoring employer.
If you are holding a bridging visa, then you need to check the conditions of your bridging visa. If you are holding a bridging visa and there are restrictions on your work rights, you may be able to apply for unrestricted work rights.
This generally means that you need to demonstrate a ‘compelling need to work’. You need to provide evidence to show that you will suffer ‘financial hardship’ (or your household will suffer such hardship) unless you are allowed to work and earn an income.
The Department’s policy guidelines indicates that ‘financial hardship’ is established if you can show that your living expenses are greater than your ability to pay for these costs.
If you are still holding a substantive visa, then you should be able to lodge another visa application – assuming that you meet the relevant eligibility requirements. A ‘substantive’ visa is basically any visa which is not a bridging visa.
If you do not hold a substantive visa (i.e. your last substantive visa has expired and you now hold a bridging visa that is associated with the AAT appeal), then Section 48 will bar you from making a further ‘substantive visa’ application because you have had a visa refusal, which is any visa except a Bridging visa, a Criminal Justice Visa or an Enforcement Visa.
Despite Section 48, you can still lodge a valid application for the following types of visas: partner visas, bridging visas, Subclass 444 for New Zealand citizens and child visas.
One possible way to lodge another visa application while you a waiting for an AAT hearing is to apply while you are outside of Australia. If you are currently holding a Bridging visa A or B, then you may able to apply for a Bridging visa B which allows you to temporarily leave Australia. This may allow you to lodge another visa application with the Department, and then return to Australia on your Bridging visa B and remain in Australia while you wait for your AAT hearing.
In terms of whether the Department can approve your new offshore visa application while you are in Australia, this will depend on the requirements of the visa that you applied for. For example, with General skilled migration visas (189, 190 and 489 visas) or employer sponsored permanent residency visas (186 and 187 visas), your offshore visa application can be decided when you are in Australia and hence, you won’t need to leave Australia for the Department to decide your new visa application. If you lodged an offshore partner visa (309/100 visa), then you do need to be outside of Australia at the time that the Department decides your visa application.
The AAT application fee is currently $1,731.00, and 50% of this fee will be refunded if you are successful with your AAT appeal.
There is no refund if your application is not successful, or if you later withdraw your AAT application.
It is important to note that there is a strict time limit by which you need to submit your AAT appeal application. The time limit will depend on the decision which is being challenged. However, the time limit within which you need to apply for AAT review is generally short.
It is important that you carefully read the refusal or cancellation notice from the Department – this will tell you whether your refusal or cancellation is AAT reviewable, and the time by which you need to submit your application for review.
The AAT cannot accept an application for review that is submitted outside of the allowed time frame. This is very strictly enforced.
Generally speaking, waiting times are very lengthy and are around 12 to 18 months. Check the AAT website for average processing time.
If you have circumstances that may warrant the AAT treating your case with priority, you should bring this to the attention of the AAT (preferably when you lodge the application for review), together with appropriate evidence of why you require priority processing. Relevant circumstances could include:
*Legal Disclaimer: Please note that this article is for general information only. Always seek professional legal advice in regards to your situation as every situation is different. Immigration legislation changes regularly and thus always, get up-to-date advice on your situation. Lodging a visa application is a judicial process and is based on the quality of legal advice and legal representation you receive. It is illegal for any Migration Agent or Lawyer to guarantee 100% of a positive result as it is a judicial process.