Changes to the Training (Subclass 407) visa

We previously blogged about growing integrity concerns with the Training (Subclass 407) visa program, which has experienced a surge in lodgements by onshore applicants for reasons including:

• Student visa changes which have tightened post-study pathways and introduced the Genuine Student (GS) requirement in place of the previous Genuine Temporary Entrant (GTE) requirement.

• Certain temporary visa holders no longer being able to apply onshore for the Student visa.

• The closure of the COVID-19 stream of the Temporary Activity (Subclass 408) visa on 1 February 2024.

• The reduction in the age limit for the Temporary Graduate (Subclass 485) visa which has precluded many applicants over the age of thirty-five (35) from applying for a Subclass 485 visa after completing their studies in Australia.

• The Subclass 407 visa presents a more affordable alternative to employer-sponsored visa options such as the Skills in Demand (Subclass 482) visa, Employer Nomination Scheme (Subclass 186) visa and the Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa.

• The Subclass 407 visa has lower skills and qualifications requirements compared to employer-sponsored visa options such as the Skills in Demand (Subclass 482) visa, Employer Nomination Scheme (Subclass 186) visa and the Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa.

To deter sponsorship, nomination and visa applications made under the Training (Subclass 407) visa program that are not for the purposes of genuine training, including where the intention is to extend an onshore visa holder’s stay in Australia or to bypass skilled migration pathways, the Australian Government is now limiting the ability to lodge an onshore Subclass 407 visa application to persons with an approved Temporary Activities Sponsorship and nomination.

March 2026 changes to the Training (Subclass 407) visa

On 5 March 2026, the Australian Government passed a new legislative instrument, relevantly the Migration Amendment (Training Visas—Sponsorship Requirements) Regulations 2026, which came into effect on 11 March 2026, updating the requirements for lodging a valid Training (Subclass 407) visa application in Australia.

Prior to 11 March 2026, persons in Australia could generally lodge a Subclass 407 visa application concurrently with their sponsor’s associated sponsorship and nomination applications, as long as the sponsorship, nomination and visa applications were lodged in the appropriate consecutive order:

1. Application for approval as a Temporary Activities Sponsor

2. Application for approval of a nominated position

3. Application for a Training (Subclass 407) visa

However, from 11 March 2026 onwards, applicants will now only be able to apply for a Subclass 407 visa in Australia if they have an approved Temporary Activities Sponsor. This means that unless their sponsor is a Commonwealth agency, applicants will need to wait until both of their sponsor’s associated sponsorship and nomination applications have been approved by the Department, before they are able to lodge a valid Subclass 407 visa application in Australia.

According to the Explanatory Statement for the Migration Amendment (Training Visas—Sponsorship Requirements) Regulations 2026 instrument, these changes have been made in response to recent developments including:

1. A sharp increase in applications, particularly onshore since mid-2024 which have resulted in lengthier processing times;

2. Concerns that some applications were not for genuine occupational training; and

3. Situations where the Subclass 407 visa was potentially being used as a pathway to remain and work in Australia rather than for genuine training purposes.

The Explanatory Statement acknowledges that a genuine applicant’s right to apply for a Subclass 407 visa in Australia may be limited by these changes while awaiting their sponsor’s approval as a Temporary Activities Sponsor, but nonetheless finds this impact reasonable, proportionate, and necessary to the legitimate objective of protecting the integrity of the Subclass 407 visa program.

My visa may expire before I can lodge a Subclass 407 visa - What are my options?

If your visa may expire before your sponsor’s associated sponsorship and nomination applications are approved for the lodgement of your Subclass 407 visa application, it is essential that you now seek legal advice about any options you may have in the intervening time.

In particular, in order to lodge a valid Subclass 407 visa application in Australia, you must generally either hold a substantive visa, or the last substantive visa you held must not have ceased more than 28 days ago.

Additionally, it would be against your interests to overstay your current visa, as remaining in Australia beyond the validity of your current visa may put you at risk of being subject to an exclusion period which could bar you from being granted a visa for 3 years.

My Subclass 407 visa application was refused - What are my options?

If you lodged a Subclass 407 visa application in Australia which was subsequently refused, you may have the right to apply for review to the Administrative Review Tribunal, effectively “appealing” the refusal of your Subclass 407 visa application. In circumstances where your sponsor/nominator’s sponsorship application was also refused, they would generally also have to lodge an application for review of the sponsorship matter with the Administrative Review Tribunal.

Whilst awaiting the hearing and finalisation of your application for review, it is imperative that you continue gathering evidence of your ongoing eligibility for a Subclass 407 visa where possible, so as to substantiate your genuine intent to undertake occupational training with your sponsor, as well as accrue ongoing work experience which may provide you with access to more skilled visa options in the future.

Additionally, you may explore alternative visa options while awaiting the finalisation of your application for review, which may include another employer-sponsored visa such as the Skills in Demand (Subclass 482) visa, Employer Nomination Scheme (Subclass 186) visa and the Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa.

You may explore your eligibility for General Skilled Migration to Australia, including through the Skilled Independent (Subclass 189) visa, the Skilled Nominated (Subclass 190) visa and the Skilled Work Regional (Provisional) (Subclass 491) visa.

As a corollary to any application for review that you lodge with the Administrative Review Tribunal in relation to your Subclass 407 visa matter, it is important that you seek advice about any alternative visa options that may be available to you, as you may be barred by section 48 of the Migration Act 1958 (Cth) from applying for another visa in Australia where you did not hold a substantive visa at the time of refusal.

Need help with working out your immigration options in Australia?

Our immigration lawyers at Inclusive Migration have extensive experience in advising prospective migrants to Australia about their employer-sponsored, skilled migration and family migration options in Australia.

Should you wish to discuss your eligibility for a Skilled Visa in Australia, please do not hesitate to email info@inclusivemigration.com.au, submit an enquiry using the contact form on our website or send us a message on WhatsApp.