The Occupational Trainee Visa
1 November 2005 - Legislation change
Client summary
From 1 November 2005, the Migration Regulations 1994 ("the Regulations") will be amended to:
- remove the reference to skills obtained through occupational training being used after leaving Australia;
- allow subclass 570 (Independent ELICOS), 572 (Vocational Education and Training), 573 (Higher Education), 574 (Postgraduate Research) or 575 (Non- Award) Student visa holders who are onshore to be considered for the grant of an Occupational Trainee visa (OTV) where the student visa holder has successfully completed their principal course and they require a period of work experience for registration in their profession, either in their home country or in Australia;
- allow student visa holders who are onshore to be considered for the grant of an OTV where the student visa holder has successfully completed their principal course at the diploma level or higher and they wish to undertake occupational training that is closely related to the principal course, for a period not exceeding 12 months;
- allow Occupational Trainee dependents to work 20 hours per week;
- require Occupational Trainee visa applicants to provide evidence of adequate health insurance cover;
- require all Occupational Trainee visa holders to maintain their health insurance cover while in Australia;
- require Australian organisations lodging an occupational training nomination to sign a declaration that the trainee will be employed under Australia's Industrial Relations law and relevant Commonwealth, State or Territory awards and conditions for the industry;
- require that Occupational Trainee visa applicants be at least 18 years of age to be granted an OTV, unless the applicant can demonstrate exceptional circumstances to be granted the visa while under 18 years of age;
- provide that where exceptional circumstances exist, Occupational Trainees under 18 years of age must meet Public Interest Criteria 4012, 4017 and 4018 which provide that:
- if not staying in Australia with parents, guardians or a relative, an undertaking to provide for the applicant's accommodation, support and general welfare must be given by a person of good character (4012);
- under the law of the applicant's home country, or Australia's family law, each person who can lawfully determine where the applicant can live consents to the visa grant (4017); and
- there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant (4018).
Technical details
The following provisions of the Regulations have been amended:
- subregulation 1.40 (4)
- Division 442.1, subregulation 442.111
- subregulation 442.211 (b)(i) (E)
- subregulation 442.221 (b) (ii)
- subregulation 442.222 (2)
- subregulation 442.223 (a) (ii)
- subregulation 442.225
- subregulation 442.229
- subregulation 442.232
- subregulation 442.323 (b)
- subregulation 442.611
- subregulation 442.612
Additional information: Nil
Transitional arrangements:
The amendments will apply to Occupational Trainee visa applications made on or after 1 November 2005. In relation to an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958) before 1 November 2005, the Regulations are taken to apply as if these amendments had not been made.Forms: 147 and 913
Instructions: PAM3 Sch2 Visa 442
Effect on delegations: Nil
Effect on systems: IT systems have been changed to provide for the new mandatory conditions:
- 8501 (the holder must maintain adequate arrangements for health insurance while the holder is in Australia) for both Occupational Trainees and their dependants;
- 8104 (the holder must not engage in work for more than 20 hours a week while the holder is in Australia) for dependants of Occupational Trainees.