FAQ

The Small print – What you need to know before you enter the programme!

How long does the whole process take?

That depends on you, your host employer and the Department of Immigration and Border Protection (“DIBP”)!If you submit all of your documents to a standard which can be submitted straight to DIBP and have a suitable host employer in place then DIBP say that processing times are as follows:

Occupational Trainee stream and Professional Development stream                                                Training and Research (subclass 402) visa

                                                               Lodged in Australia                     Lodged outside Australia 

Risk Level                                               Low Risk             High Risk               Low Risk            High Risk

Occupational Trainee stream                   2Months              3Months                2Months            3Months

Professional Development stream             N/A                     N/A                      2months            3months

The table below details the processing timeframes for sponsorship and nomination applications for the training and research visa.

Application type Time frame
Sponsorship 4-6 weeks
Nomination 4-6 weeks

Further information can be found at:

http://www.immi.gov.au/about/charters/client-services-charter/visas/2.0.htm

If everything is in place, IFS aims to submit all of your documents within 10 working days of receipt – we do need time to check everything!

If you do not have all of your documents ready and a suitable host employer, times will be extended as the timeframes above will not start until the nomination, sponsorship and visa applications are submitted. The more prepared you are the better!


 

What happens if I do not have a host employer when I apply to enter the subclass 402 visa programme?

IFS will use its best endeavours to find you a host employer within a 3 month period from the date of your application. If a suitable host employer cannot be found within the 3 month period, IFS will cease to look for a suitable host employer. All fees paid will be refunded to you within 10 working days to your nominated bank account less $300 + GST application fee. Note: IFS does not bear the cost of any bank charges associated with transferring money overseas.  IFS bears no responsibility for changes in exchange rates from the date of original payment of fees to the date of refund.


 

What happens if I get pregnant before I submit my subclass 402 visa?

Unfortunately, IFS will not be able to proceed with an application at this time. Come back and see us when you have completed your maternity break!


 

What happens if I become pregnant/my spouse becomes pregnant while I am on a subclass 402 visa?

You will need to let IFS know as soon as you become aware that you/your partner are pregnant. You will be entitled to statutory maternity/paternity leave during this period.

However, as you are an occupational trainee you will need to contact Centrelink to see if you are entitled to any paid maternity/paternity leave. You will not be paid by IFS or your host employer during this period. Any maternity/paternity leave that you take will impact on the training program/plan attached to your visa. IFS will be obligated to notify DIBP and IFS will be required to submit a further nomination application to the Department of Immigration and Border Protection (“DIBP”) to extend your subclass 402 training period upon completion of your maternity/paternity leave. This may or may not be approved by DIBP. IFS bears no responsibility if approval is not received from DIBP and fees are not refundable in this circumstance.


 

What happens if I become seriously ill during my subclass 402 visa period and am unable to attend my occupational training for more than the balance of my accrued sick leave with my host employer?

If you become ill, IFS will work with you and your host employer to ensure that your occupational training will continue upon your return to occupational training.

If your host employer is not willing to wait until you are able to return to your occupational training, IFS will use its best endeavours to find a suitable alternative host employer in the 60 days from being informed of the host employer ceasing your host employment. If a suitable alternative host employer cannot be found within 60 days, IFS will cease to look for an alternative host employer. Fees will be refunded on a pro-rata basis for fees paid in excess of the number of weeks you have been on the subclass 402 visa programme, excluding the application fee of $300 + GST. The application fee of $300 + GST is not refundable.

If a suitable alternative host employer is found within 60 days, a new nomination will be submitted by IFS to DIBP. If the nomination is not approved, fees will be refunded on a pro-rata basis for the number of weeks you have been on the subclass 402 visa programme up until the date of decision on the subsequent nomination by DIBP, excluding the application fee of $300 + GST. The application fee of $300 + GST is not refundable.


 

What happens if my host employer cancels my host employment because I have not attended my occupational training regularly or I have been sick frequently?

IFS will look at your case individually. While you are on a subclass 402 visa you must attend your occupational training on each of your scheduled days with your host employer (unless you are unwell). If you are unwell you should supply your host employer with a medical certificate if required by their policies and procedures.

If your host employment is terminated, IFS will look at your attendance and training progress with yourself and your host employer.

(a)    Where IFS considers that you did not attend your occupational training with your host employer regularly and do not have adequate explanation for this:

IFS reserves the right to terminate your subclass 402 visa with immediate effect. IFS will write to you informing you of this decision and explaining the reason for it.

If you are in the first year of your occupational training programme –

No refund is paid. All Fees due for the first year of the programme are due and payable at this date i.e. if you are on a payment plan it is as if the payment plan had not been offered and all fees for year 1 were due at visa decision. All outstanding fees on this basis must be paid to IFS within 10 working days of withdrawal from the subclass 402 visa programme. IFS reserves the right to pass unpaid fees to an external debt collection agency. You are then responsible for the costs of debt collection (including court costs) if applicable.

If you are in the second year of your occupational training programme – No refund is paid. All Fees due for the second year of the programme are due and payable at this date i.e. if you are on a payment plan it is as if the payment plan had not been offered and all fees for year 2 were due at visa decision. All outstanding fees on this basis must be paid to IFS within 10 working days of withdrawal from the subclass 402 visa programme. IFS reserves the right to pass unpaid fees to an external debt collection agency. You are then responsible for the costs of debt collection (including court costs) if applicable.

See also: What happens if my host employer terminates my host employment for any other reason for information on leaving Australia/seeing a migration agent.

(b)   Where IFS considers that you did attend your occupational training with your host employer regularly and do have adequate explanation for your absences, IFS will use its best endeavours to find a suitable alternative host employer in the 60 days from being informed of the host employer ceasing your host employment. If a suitable alternative host employer cannot be found within 60 days, IFS will cease to look for an alternative host employer. Fees will be refunded on a pro-rata basis for fees paid in excess of the number of weeks you have been on the subclass 402 visa programme, excluding the application fee of $300 + GST. The application fee of $300 + GST is not refundable. Your subclass 402 visa will be cancelled.

See also: What happens if my host employer terminates my host employment for any other reason for information on leaving Australia/seeing a migration agent.If a suitable alternative host employer is found within 60 days, a new nomination will be submitted by IFS to DIBP. If the nomination is not approved, fees will be refunded on a pro-rata basis for the number of weeks you have been on the subclass 402 visa programme up until the date of decision on the subsequent nomination by DIBP, excluding the application fee of $300 + GST. The application fee of $300 + GST is not refundable. Your subclass 402 visa will be cancelled.

See also: What happens if my host employer terminates my host employment for any other reason for information on leaving Australia/seeing a migration agent.


 

What happens if my host employer ceases trading during my subclass 402 visa period?

You must notify IFS in writing as soon as you become aware of this. IFS will use its best endeavours to find a suitable alternative host employer in the 60 days from being informed of the host employer ceasing trading. If a suitable alternative host employer cannot be found within 60 days, IFS will cease to look for an alternative host employer. Fees will be refunded on a pro-rata basis for fees paid in excess of the number of weeks you have been on the subclass 402 visa programme, excluding the application fee of $300 + GST. The application fee of $300 + GST is not refundable.

If a suitable alternative host employer is found within 60 days, a new nomination will be submitted by IFS to DIBP. If the nomination is not approved, fees will be refunded on a pro-rata basis for the number of weeks you have been on the subclass 402 visa programme up until the date of decision on the subsequent nomination by DIBP, excluding the application fee of $300 + GST. The application fee of $300 + GST is not refundable.


 

Do I get paid if my host employer ceases trading and I am not working for a host employer for a period of time?

You will not be paid during this period. IFS can apply to DIBP for approval for you to work in an alternative position during this period. This cannot be guaranteed and you should ensure that you have adequate financial resources to live in Australia during this period.


 

What happens if my host employer terminates my host employment for gross misconduct?

If your host employment is terminated for gross misconduct, IFS will not look for an alternative host employer for you and your subclass 402 visa will be cancelled. You (and your dependents, if applicable) will need to leave Australia or speak with a migration agent about lodging another visa to stay in Australia. You (and your dependents, if applicable) cannot become unlawful in Australia and should ensure that you leave Australia before this occurs if you are unable to apply for another visa in Australia within 28 days of your subclass 402 visa being cancelled. There is no refund of any fees from IFS in these circumstances.


 

When are my fees due to be paid?                  

IFS will provide you with information on when your fees are due and payable before you enter the subclass 402 visa programme.

IFS will endeavour to remind you when fees are due 7 days before the due date.

However, if you do not receive a reminder for any reason, your fees are due and payable on or before the dates originally provided to you. You are responsible for ensuring your fees are paid by the due date.


 

What happens if I do not pay my fees on time?

IFS reserves the right to cancel your subclass 402 visa with immediate effect. There is no access to appeals for this reason. IFS recommends that if you have a compelling and compassionate reason for not being able to pay your fees on time, you contact IFS before your fees are due to arrange a meeting to discuss this with IFS. IFS may be able to assist you if IFS considers your reason to be compelling/compassionate. For clarity,  a compelling/compassionate reason will generally be limited to something which was unforeseeable by the subclass 402 visa holder at the time of subclass 402 visa application.


 

What happens if IFS cancels my subclass 402 visa?

If IFS cancels your subclass 402 visa, you (and your dependents, if applicable) will need to leave Australia or speak with a migration agent about lodging another visa to stay in Australia. You (and your dependents, if applicable) cannot become unlawful in Australia and should ensure that you leave Australia before this occurs if you are unable to apply for another visa in Australia within 28 days of your subclass 402 visa being cancelled. There is no refund of any fees from IFS in these circumstances. Subject to the reason for the cancellation, a refund may be payable. See other sections of this document for further information on this.


 

What happens if my host employer terminates my host employment for any other reason?

You must notify IFS in writing as soon as you become aware of this. IFS will use its best endeavours to find a suitable alternative host employer in the 60 days from being informed of the host employer terminating your host employment. If a suitable alternative host employer cannot be found within 60 days, IFS will cease to look for an alternative host employer. Fees will be refunded on a pro-rata basis for fees paid in excess of the number of weeks you have been on the subclass 402 visa programme, excluding the application fee of $300 + GST. The application fee of $300 + GST is not refundable.

If a suitable alternative host employer is found within 60 days, a new nomination will be submitted by IFS to DIBP. If the nomination is not approved, fees will be refunded on a pro-rata basis for the number of weeks you have been on the subclass 402 visa programme up until the date of decision on the subsequent nomination by DIBP, excluding the application fee of $300 + GST. The application fee of $300 + GST is not refundable.

If a new nomination is refused/a suitable alternative host employer cannot be found, you (and your dependents, if applicable) will need to leave Australia or speak with a migration agent about lodging another visa to stay in Australia. You (and your dependents, if applicable) cannot become unlawful in Australia and should ensure that you (and your dependents, if applicable)  leave Australia before this occurs if you are unable to apply for another visa in Australia within 28 days of your subclass 402 visa being cancelled. There is no refund of any fees from IFS in these circumstances.


 

Can I appeal an IFS decision to cancel my sponsorship and subclass 402 visa?

You can appeal a decision within 5 working days of being informed of the decision in writing by IFS. Your appeal request must be made in writing to IFS. An email is sufficient to admin@ifstraining.com.au

IFS will arrange a meeting with you within 5 working days of the appeal request being received. If you are unable to attend the meeting within 5 working days, IFS reserves the right to uphold its decision with no further access to internal appeal.

If an appeal meeting is arranged this will be a once-only meeting to present any information that has not been considered previously/expand on previously discussed matters. IFS recommends that if you request an appeal, you present third party evidence, wherever possible, to support your appeal requests as unsupported claims presented at an appeal will generally not be considered.

IFS’ decision after an appeal meeting is final and no further appeal requests will be allowed. If an appeal is not successful, IFS will inform DIBP within 5 working days of the subclass 402 visa cancellation.

See also: What happens if my host employer terminates my host employment for any other reason for information on leaving Australia/seeing a migration agent.


 

What happens if the nominated occupation for my subclass 402 training visa is taken off the Consolidated Sponsored Occupation List (“CSOL””) during the period of my subclass 402 visa?

Nothing. Your training visa has been approved based on the CSOL at the date of your visa application decision. You will be able to continue your training on your subclass 402 visa until its expiry. Should your position cease to exist with your host employer, you will then need to either leave Australia or speak with a migration agent about lodging another visa to stay in Australia. You (and your dependents, if applicable) cannot become unlawful in Australia and you must ensure that you (and your dependents, if applicable)  leave Australia before this occurs if you are unable to apply for another visa in Australia within 28 days of your subclass 402 visa being cancelled. Fees will be refunded on a pro-rata basis for fees paid in excess of the number of weeks you have been on the subclass 402 visa programme up until the date of your employment ceasing to exist – if the employer ceases trading or your occupational training position with the host employer ceases to exist (other than for gross misconduct) -  excluding the application fee of $300 + GST. The application fee of $300 + GST is not refundable.


 

What happens if IFS loses the ability to sponsor occupational trainees with DIBP during my subclass 402 visa period?

Fees will be refunded on a pro-rata basis for fees paid in excess of the number of weeks you have been on the subclass 402 visa programme up until the date of IFS ceasing to be able to sponsor occupational trainees on a subclass 402 visa. The application fee of $300 + GST is not refundable.

You may be able to apply for a further visa onshore in Australia. You should see a migration agent for advice on this matter.

If you are unable to lodge a further visa application onshore, you (and your dependents, if applicable) will need to leave Australia and not become unlawful in Australia.


 

What happens if I obtain an alternative visa (temporary or permanent) to stay in Australia while I am on the first year of my subclass 402 visa?

No refund is paid. All Fees due for the first year of the programme are due and payable at this date i.e. if you are on a payment plan it is as if the payment plan had not been offered and all fees for year 1 were due at visa decision. All outstanding fees on this basis must be paid to IFS within 10 working days of withdrawal from the subclass 402 visa programme. IFS reserves the right to pass unpaid fees to an external debt collection agency. You are then responsible for the costs of debt collection (including court costs) if applicable.


 

What happens if I obtain an alternative visa (temporary or permanent) to stay in Australia while I am on the second year (if applicable) of my subclass 402 visa?

No refund is paid. All Fees due for the second year of the programme are due and payable at this date i.e. if you are on a payment plan it is as if the payment plan had not been offered and all fees for year 2 were due at visa decision. All outstanding fees on this basis must be paid to IFS within 10 working days of withdrawal from the subclass 402 visa programme. IFS reserves the right to pass unpaid fees to an external debt collection agency. You are then responsible for the costs of debt collection (including court costs) if applicable.


 

What happens if I obtain an alternative visa (temporary or permanent) to stay in Australia while I am waiting for a decision on my subclass 402 visa application?

No refund of fees paid. If all fees due to be paid have not been paid, all overdue fees become payable at the date of withdrawal. IFS reserves the right to pass unpaid fees to an external debt collection agency. You are then responsible for the costs of debt collection (including court costs) if applicable.


 

What happens if I obtain an alternative visa (temporary or permanent) to stay in Australia while I am waiting for a decision on my subclass 402 nomination?

All fees paid are refundable apart from the $300 + GST application fee.


 

Can I change position with my host employer?

You may be able to change position with your host employer on your subclass 402 visa. You must NOT change position before this has been agreed with IFS, your host employer and yourself. You CANNOT change position before a new nomination is lodged with DIBP for the new position AND HAS BEEN APPROVED. If a new nomination is approved you will be able to continue your training position with your host employer in your new nominated position. If a new nomination is not approved by DIBP and you do not want to continue in the approved position on your subclass 402 visa, your subclass 402 visa may be cancelled by IFS.

(a)    If you are in the first year of your occupational training programme –

No refund is paid. All Fees due for the first year of the programme are due and payable at this date i.e. if you are on a payment plan it is as if the payment plan had not been offered and all fees for year 1 were due at visa decision. All outstanding fees on this basis must be paid to IFS within 10 working days of withdrawal from the subclass 402 visa programme. IFS reserves the right to pass unpaid fees to an external debt collection agency. You are then responsible for the costs of debt collection (including court costs) if applicable.

See also: What happens if IFS cancels my subclass 402 visa?

(b)   If you are in the second year of your occupational training programme – No refund is paid. All Fees due for the second year of the programme are due and payable at this date i.e. if you are on a payment plan it is as if the payment plan had not been offered and all fees for year 2 were due at visa decision. All outstanding fees on this basis must be paid to IFS within 10 working days of withdrawal from the subclass 402 visa programme. IFS reserves the right to pass unpaid fees to an external debt collection agency. You are then responsible for the costs of debt collection (including court costs) if applicable.

See also: What happens if IFS cancels my subclass 402 visa?


 

Can I study while I am on my subclass 402 visa?

Generally the answer is no. However, if you believe that your studies will not impact on your occupational training programme at all, you should contact IFS directly to ask whether you can study the proposed course before doing so. IFS will discuss this with DIBP and give you a definite answer. You must not study while on your subclass 402 visa without permission in writing from IFS.


 

Can I be employed elsewhere while I am on my subclass 402 visa?

No you cannot. If you do hold a position of employment with a company you must leave that position when you commence your subclass 402 visa.

IFS reserves the right to cancel your sponsorship on your subclass 402 visa if you are found to be/have been working for another employer (paid or unpaid) during the period of your subclass 402 visa.


 

Can I change host employer if I do not like where I am doing my occupational training?

You can subject to the conditions outlined above. However, a new nomination will need to be lodged with DIBP. If DIBP refuses the new nomination, no refund will be payable as you already had an approved host employment position with your initial subclass 402 visa approval. You should think seriously before accepting a position with a host employer and before considering changing your host employer.

(a)    If you are in the first year of your occupational training programme –

No refund is paid. All Fees due for the first year of the programme are due and payable at this date i.e. if you are on a payment plan it is as if the payment plan had not been offered and all fees for year 1 were due at visa decision. All outstanding fees on this basis must be paid to IFS within 10 working days of withdrawal from the subclass 402 visa programme. IFS reserves the right to pass unpaid fees to an external debt collection agency. You are then responsible for the costs of debt collection (including court costs) if applicable.

See also: What happens if IFS cancels my subclass 402 visa?

(b)   If you are in the second year of your occupational training programme – No refund is paid. All Fees due for the second year of the programme are due and payable at this date i.e. if you are on a payment plan it is as if the payment plan had not been offered and all fees for year 2 were due at visa decision. All outstanding fees on this basis must be paid to IFS within 10 working days of withdrawal from the subclass 402 visa programme. IFS reserves the right to pass unpaid fees to an external debt collection agency. You are then responsible for the costs of debt collection (including court costs) if applicable.

See also: What happens if IFS cancels my subclass 402 visa?


 

Can I change host employer if my current host employer breaches minimum employment conditions for my occupational training contract?

You cannot receive less than minimum employment conditions in Australia while you are on your subclass 402 visa. If you believe that your host employer is not acting in accordance with minimum conditions of employment, you should contact IFS immediately with your concerns in writing. IFS will work with you and your host employer to try and resolve the matter. If the matter is unable to be resolved, IFS will use its best endeavours to find a suitable alternative host employer in the 60 days from the host employment ending. If a suitable alternative host employer cannot be found within 60 days, IFS will cease to look for an alternative host employer. Fees will be refunded on a pro-rata basis for fees paid in excess of the number of weeks you have been on the subclass 402 visa programme, excluding the application fee of $300 + GST. The application fee of $300 + GST is not refundable.

If a suitable alternative host employer is found within 60 days, a new nomination will be submitted by IFS to DIBP. If the nomination is not approved, fees will be refunded on a pro-rata basis for the number of weeks you have been on the subclass 402 visa programme up until the date of decision on the subsequent nomination by DIBP, excluding the application fee of $300 + GST. The application fee of $300 + GST is not refundable.

You may be able to apply for a further visa onshore in Australia and should contact a migration agent to discuss this matter.


 

Can I stop studying on my student visa as soon as my subclass 402 nomination/visa is lodged?

No you cannot. Your subclass 402 visa does not commence until you receive formal notification from DIBP that your subclass 402 visa has been approved. Up until this date, you must continue to meet all of the requirements of your student visa.


 

Once I lodge a subclass 402 visa application/nomination can I work full time with my host employer and start my training?

No. Your subclass 402 visa does not commence until you receive formal notification from DIBP that your subclass 402 visa has been approved. Up until this date, you must continue to meet all of the requirements of your current visa in Australia.


 

Do I get a refund if my visa application is refused?

If your visa application is refused for any of the following reasons, no refund of fees paid is made by IFS under any circumstances:

(i)                  Fraudulent documentation supplied to DIBP

(ii)                Criminal history/character reasons

(iii)               Medicals/X-Rays/any other medical checks undertaken at the request of DIBP are not approved for you or your dependents (if applicable)

(iv)              Supporting documentation not lodged to DIBP at the time of visa application and which is mandatory for this visa at date of application

(v)                Visa application lodged by an unregistered agent i.e. not an Australian Registered Migration Agent

(vi)              Visa Application deemed invalid

(vii)             Visa application lodged after the expiry date of your last substantive visa in Australia

If the visa application is refused for any other reason, a refund will payable as outlined in your occupational training contract with IFS. Full details are available on request.


 

Do I need to have health insurance on a subclass 402 visa or am I covered by Medibank?

The Australian Government has Reciprocal Health Care Agreements (“RHCAs”)  with the governments of New Zealand, the United Kingdom, Republic of Ireland, Sweden, Slovenia, the Netherlands, Finland, Norway, Malta, Italy and Belgium. New RHCAs may be negotiated at any time. For the latest list of countries, you should refer to information on the Medicare Australia website at www.medicare.gov.au to see if you are eligible for a medicare card under an RHCA. Where a subclass 402 visa applicant has enrolled with Medicare and holds a valid Medicare card issued under an RHCA, they are considered to meet the minimum requirements for adequate arrangements for health insurance without further enquiry by DIBP.

For all other applicants, you MUST have adequate health insurance in place for the duration of your subclass 402 visa which meets the requirements outlined by DIBP.

Information on the health cover requirements for your subclass 402 visa can be found at:

http://www.immi.gov.au/skilled/_pdf/hi-template.rtf

Subclass 402 visa applicants and visa holders are covered by consumer protection legislation in Australia.