Training and Research visa (subclass 402)

The 402 visa is not a work visa, but it allows a person to be sponsored to come to Australia for training, development or research purposes on a temporary basis. The 402 has three streams:

A 402 visa allows the overseas person to:

The 402 visa is valid for the period of the training or activity, usually up to a maximum of:

The 402 visa category generally involves three stages: Sponsorship, Nomination and the Visa application.

1.   Sponsorship

To sponsor someone on this visa, your organisation must first apply and be approved as a Training and Research sponsor (for the Occupational Trainee and Research streams) or a Professional Development sponsor (for the Professional Development stream).

Your organisation may be eligible to become a:

Please note that the above lists are not exhaustive and other criteria apply. Please consult us for more details.

Term of Sponsorship agreement

Once your organisation’s application to become a Training and Research Sponsor has been approved, the Sponsorship agreement with the Department of Immigration is generally valid for three years.

A Professional Development Sponsorship ends at the earliest of three years or when the professional development agreement approval ends.

Sponsorship obligations

As an approved Training and Research Sponsor or a Professional Development Sponsor, your organisation will have numerous sponsorship obligations. For example:

For more information on the sponsorship obligations, see ‘Sponsor obligations’, ‘Research stream’ and ‘Professional Development stream’ under the ‘Sponsors’ tab Here.

2.   Nomination

A 402 nomination application is required for an application in the Occupational Trainee stream only. (If the sponsoring organisation is a Commonwealth agency, there is a different process for the nomination.)

The nomination application must satisfy prescribed criteria which depend on the type of occupational training that will be undertaken:

The training should be for at least 30 hours/week in the workplace. Occupational trainees must be paid in accordance with Australia’s industrial relation laws unless they are undertaking a volunteer position. Please consult us for more details regarding the requirements for an application in the Occupational Trainee stream.

3.   Visa Application

To apply for a 402 visa in the Occupational Trainee or Research stream, you can apply from outside Australia, and from inside Australia so long as you do not have a ‘No Further Stay’ condition on your Australian visa and you meet any other requirements for your onshore application.

To apply in the Professional Development stream, you must be outside Australia when you apply.

A visa applicant in all three streams must demonstrate that they satisfy prescribed criteria, including that they:

Please note that the above list is not exhaustive and other criteria may apply. Please consult us for more details.

The above list also applies to any eligible family members you include in your 402 application if you are applying in the Occupational Trainee or Research stream. Other criteria may also apply – please consult us for more details.

Additional criteria

Depending on the stream in which you apply for a 402 visa, you will need to show that you satisfy additional criteria. For example:

Please note that the above list is not exhaustive and other criteria may apply. Please consult us for more details.  

Benefits and common issues with a 402 visa application, and how we can help you

The 402 may be the right type of visa for you if your organisation is looking to bring someone to Australia in a training or research position. However the process to become an approved sponsor and obtain a 402 visa can be complex, and there are various ongoing obligations for an organisation that has become a 402 sponsor. Our experienced Immigration Lawyers can speak with you about whether the 402 is suitable for your needs, and advise you on the requirements for a successful application. Our expertise means that you will avoid some of the common issues that arise with applying for a 402 visa including:

Craddock Murray Neumann has significant experience with assisting organisations to obtain approval as a Training and Research or Professional Development Sponsor, and to obtain 402 visas for an overseas person. For further information and advice, please contact one of our experienced solicitors and Registered Migration Agents today.

This page provides a summary of the 402 visa as at August 2016. Australian immigration law is complex and it changes frequently. We therefore recommend that you contact us to confirm the requirements for a 402 visa and schedule a consultation with one of our Lawyers and Registered Migration Agents.

Let us help you. Phone: +61 2 8268 4000 or Book a conference