Overseas Students

ESOS

ACAS has worked on a system for compliance with CRICOS requirements for oversees students on student visas. The act is known ad the ESOS Act. Its actual name is  Education Services for Overseas Students Act 2000. (Cwlth)

Overseas interns and short courses (special arrangements)

Part-time courses

If the course is part-time (e.g. up to 20 hrs per week) and doesn't interfere with attendance at the CRICOS registered course for which the student has a visa, there is no registration requirement.

The arrangement for short courses is similar.

Source: Kevin Ashley,
Dep't of Education Services, 31 Jan 06

Overseas Interns

ACAS is sometimes asked to take on overseas people from training. It seems that you can accept interns from overseas to be Occupational Trainees, but there are tricks and traps.

For first-time entrants to Australia who will not be bringing family members, the fees seem to be: Application fee: $360, Sponsor's nomination fee: $170

The visa is the Training and Research visa (subclass 402), and it has three streams:

• The Occupational Trainee stream allows applicants to take part in structured workplace-based training to enhance their skills in their current occupation, area of tertiary study, or field of expertise
• The Professional Development stream allows professionals, managers or government officials to participate in a professional development training program in Australia after being invited to do so. The program must have been arranged by an employer outside Australia and usually lasts up to 18 months.
• The Research stream allows invited professional academics to observe or participate in an Australian research project at an Australian tertiary or research institution.

This is not a work visa. It is for people who want to come to Australia temporarily for occupational training, to observe or participate in research as a visiting academic, or to participate in a professional development program.

Note: The Training and Research visa (subclass 402) replaced the Occupational Trainee visa (subclass 442) from 24 Nov. 2012.

 

Fees and costs: Applicant outside Australia

Visa subclass	Base application charge	Non-internet application charge	Additional applicant charge 18 and over	Additional applicant charge under 18
Occupational Trainee stream (Subclass 402)	$360	N/A	$180	$90
Research stream (Subclass 402)	$360	N/A	$180	$90
Professional Development stream (Subclass 402)	$360	N/A	N/A (Additional applicants are not eligible for this visa.)	N/A (Additional applicants are not eligible for this visa.)

If the applicant is making their first substantive temporary visa application in Australia, they are not liable for the "Subsequent temporary application charge" of $700. Others applying outside Australia may be liable for a "Subsequent temporary application charge" of $700.

Applicants might have to pay other costs, such credit card fees and the costs of health assessments, police certificates, or any other certificates or tests. Applicants are responsible for making the necessary arrangements.

 

The sponsor also has to pay fees.

Type of application	Fee
Training and Research Sponsorship	$420
Professional Development Sponsorship	$1660
Professional Development Sponsorship made by Commonwealth agency	nil

 

Nomination

Visa subclass	Lodgement of applications	Fee
Nomination for Training and Research visa (Subclass 402) (Occupational Trainee position)	Where 1–20 nominations are lodged (per nominated position)	$170
	Where 21 or more nominations are lodged together	$3400

Questions:
What percentage of the training must be on-job? (In the previous version of this kind of visa, it had to be seventy percent.)
Does the intern have to be employed and paid under Australian industrial relations law and relevant awards and conditions for the industry?

For more information see http://www.immi.gov.au/Visas/Pages/402.aspx