Occupational Trainees

Occupational Trainee Visa (Subclass 442)

The occupational trainee visa is for people from outside Australia who want to improve their work skills through training with an Australian employer. The training must provide trainees with additional skills in their occupation, field of study or area of expertise. An occupational training program needs two participating entities:

• an occupational trainee (nominee)
• an Australian nominating organisation to nominate a trainee and provide the training (nominator).

The purpose of this guideline is to provide guidance to Departments/Schools/Faculty in completing in preparing an occupational trainee visa. To understand the steps involved in an occupational trainee visa, please visit: www.immi.gov.au/students/sponsored/otv/how-to-apply.htm

It is the responsibility of the Occupational trainee (nominee) to:

• find an Australian 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.

It is the responsibility of the Department/School/Faculty (nominator) to:

• design and deliver the occupational training program with Australia
• nominate an occupational trainee for a training program before the program starts, and before the nominated trainee can lodge an occupational trainee visa application
• monitor the participation of an occupational trainee in its training program
• report to the department if the trainee leaves the program before completion.

What does this visa allow?

Nominating a trainee for occupational training

Payment of Occupational Trainees

Timeframes

Health insurance

Checklist of documentation required by Department/School/Faculty

Occupational Trainee Requirements

Checklist of documentation required by the Occupational Trainee

Visa charges

Visa proof

Further queries

What does this visa allow?

The visa, if granted, may be valid for undertaking a training program for up to a maximum of two years (subject to the length of the approved training program). An additional period of one to two months may be added beyond the training end date to allow the occupational trainee and family members to make arrangements to leave Australia or to apply for another visa.

Note: If the training cannot be completed in two years, the occupational trainee can apply for a second occupational trainee visa. The occupational trainee and the University of Sydney must meet eligibility requirements again.

Nominating a trainee for occupational training

When the Department/School/Faculty has agreed to nominate a trainee for occupational training, it must lodge a nomination application (form 913) to the Department of Immigration and Citizenship (DIAC) for an occupational trainee visa. The nomination application must provide details of the intended occupational trainee and training program. Nomination approval does not guarantee that an occupational trainee visa will be granted.

Payment of Occupational Trainees

The University of Sydney must comply with Australian Industrial Relations laws and employment awards that apply to the occupation the trainee will work in.

From 1 July 2007, the Department/School/Faculty that do not pay their occupational trainees will also be asked to sign the Nominator Declaration Form to acknowledge that they have taken appropriate steps to satisfy themselves that the proposed programme does not breach workplace relations laws (such as seeking their own legal advice).

Occupational trainees will also be required to sign the Nominee Declaration Form to indicate an understanding of the basis of the appointment and an understanding of the relevant industrial relations laws.

The Department/School/Faculty nominating the following groups are required to sign this form if their occupational trainee is unpaid:

• 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 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 programme does not breach workplace relations laws. People undertaking occupational training programmes are required to be paid if they are employees of an organisation.

Timeframes

Once the completed application and accompanying documents has been sent to the Department of Immigration, it can take 6-8 weeks from this date to approve the nomination. Once the nomination is approved and sent to the occupational trainee, he/she lodges the application for an occupational trainee visa in their home country. Applications should be lodged after DIAC advises that their nomination has been approved.

Health insurance

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. 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 deemed acceptable for visa grant but additional coverage is recommended for those services not covered under these arrangements.

Checklist of documentation required by Department/School/Faculty

1. Complete Form 913.
   - Please ensure details of nominee and details of proposed training are included, in particular the timeframes involved.
   - The Immigration and Relocation team can complete question 19, 43 and 44.
2. Complete the nominator form if the occupational trainee is not being paid.
3. Provide details of a comprehensive workplace-based training programme including:
   - duration
   - a skills audit (including English language skills) and training needs analysis of the nominee
   - details of supervision by a suitably qualified staff member
   - learning outcomes and how these are assessed
   - objectives, tasks and timeframes.
4. Provide details of any classroom-based studies (if applicable).
5. Attach documentation required by the occupational trainee including:
   - The occupational trainee may need to complete the nominee form if applicable
   - Evidence from the education provider in the home country that the nominee is required to undertake the practical experience or research program as part of their overseas course of study
   - Copy of CV
   - Full contact details of occupational trainee including name, address and e-mail
6. Provide contact details of contact in Department/School/Faculty including name, address and e-mail.
7. Send all documentation to:
   The Immigration and Relocation team,
   SydneyPeople HR Service Centre,
   G12, Services Building
8. All documentation is sent to the Department of Immigration and Citizenship with a letter from the Immigration and Relocation team. The Department of Immigration and Citizenship approves the nomination on behalf of the University of Sydney. This can take 6-8 weeks to complete. Once the nomination is approved, the occupational trainee can lodge their documentation in the nearest Department of Immigration in their home country.

Occupational Trainee Requirements

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:
  - seeking occupational training in a closely related field; or
  - 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 a genuine intention to undertake the occupational training program
• have adequate health insurance
• be of good health and character.

Checklist of documentation required by the Occupational Trainee

1. Complete Form 147.
2. Complete nominee form (if applicable).
3. Provide evidence from the education provider in the home country that the nominee is required to undertake the practical experience or research program as part of their overseas course of study.
4. Provide a copy of current CV.
5. Full contact details of nominee – name, address and e-mail address.

Visa charges

For visa charges, please visit: www.immi.gov.au/allforms/990i/sponsored-training-visa-charges.htm

Visa proof

The onus is on the Department/School/Faculty to ensure the occupational trainee has been approved for his/her visa. A copy of the visa label should be obtained prior to commencement and kept on file to ensure the occupational trainee has the appropriate rights to complete the trainee programme.

Further queries

For further queries, please contact:

Louise Bowman]]
International Services and Relocation Officer
SydneyPeople HR Service Centre
University of Sydney
Services Building – G12
Level 3, Room 343
Abercrombie Street
Sydney NSW 2006

Ph (02) 9036 6519
Fax (02) 9351 7393
E-mail:

or

Sharon Lee
International Services and Relocation Officer
SydneyPeople HR Service Centre
University of Sydney
Services Building – G12
Level 3, Room 343
Abercrombie Street
Sydney NSW 2006

Ph (02) 9036 6021
Fax (02) 9351 7393
E-mail: