Citizenship and visa requirements for VET

A person seeking to undertake an apprenticeship or traineeship in NSW, must meet one of the following citizenship or residency status eligibility requirements.

They must be:

  • an Australian citizen; or
  • a foreign national with permanent residency; or
  • a New Zealand passport holder who has been resident in Australia for at least six months; or
  • hold one of the visa subclasses as listed under visa information for apprentices and trainees section below.

The provider or employer has a legal responsibility to ensure that their apprentice or trainee meets the above requirements.

Visa information for apprentices and trainees

Work, study and live in Australia

  • Visa holders must be able to work and study in Australia to be eligible for an apprenticeship or traineeship.

Eligibility of visa holders

Visas appearing in this document may be considered under the Apprenticeship and Traineeship Act, 2001. As a part of the assessment of a Training Contract, the learner and employer must meet all other apprenticeship and traineeship eligibility and approval requirements, as well as other Training Services policies and guidelines.

Visas that do not appear in this document will not be considered under the Apprenticeship and Traineeship Act, 2001. Visa holders must ensure that they abide by their obligations for work and study, as defined by their specific visa.

  • Temporary Skills Shortage (TSS) Visa (now replaced with the Skills in Demand visa) subclass 482 does not allow the holder to study in Australia (see 482 for further information and clarification).

Permanent visas

Visa subclass

100. Learn more via the Australian Department of Home Affairs.

Description

The visa allows the de facto partner or spouse, of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, to live in Australia permanently.

It is usually granted to people who hold a temporary Partner visa (subclass 309).

The visa holder must continue to be the spouse or de facto partner of the same person who sponsored them for the temporary partner visa.

What this visa allows

  • Stay in Australia as a permanent resident.
  • Work and study in Australia.
  • Enrol in Medicare.
  • Apply for Australian citizenship
  • Travel to and from Australia.

Visa subclass

116. Learn more via the Australian Department of Home Affairs.

Description

This permanent visa lets the visa holder move to Australia to care for someone with long-term medical condition. The person the visa holder cares for, must be their Australian relative who needs care, or the relative's family member who needs care and lives with them. They must have no reasonable access to care options in Australia.

As the visa holder is considered to be a carer, training contracts must be reviewed to ensure the visa holder is able to meet minimum part time or full time hours along with caring for their relative.

What this visa allows

  • Stay in Australia indefinitely
  • Work and study in Australia.
  • Access Australia’s public health care scheme, Medicare.
  • Travel to and from Australia for 5 years.
  • If eligible apply for Australian citizenship.

Visa subclass

151 Learn more via the Australian Department of Home Affairs.

Description

This permanent visa allows former permanent residents and certain people who served in the Australian Defence Force to live in Australia.

What this visa allows

  • Stay in Australia permanently
  • Work and study in Australia.
  • Enrol in Australia’s public health care scheme, Medicare.
  • Travel to and from Australia for 5 years.
  • If eligible, apply for Australian citizenship.

Visa subclass

155 and 157 Learn more via the Australian Department of Home Affairs.

Description

These visas allow a person, if they leave Australia after their travel validity expires or it expires when a person is outside Australia, to return as a permanent resident.

What this visa allows

  • Stay in Australia.
  • Work and study in Australia.
  • Enrol in Australia’s public health care scheme, Medicare.
  • Travel to and from Australia while the visa is valid.
  • If eligible, apply for Australian citizenship.

Visa subclass

191 Learn more via the Australian Department of Home Affairs.

Description

This visa allows workers who hold an eligible visa, and meet an income requirement, to live and work in Australia permanently.

What this visa allows

  • Stay in Australia permanently.
  • Work and study in Australia.
  • Enrol in Australia’s public health care scheme, Medicare.
  • Travel to and from Australia for 5 years.
  • If eligible, apply for Australian citizenship.

Visa subclass

801 Learn more via the Australian Department of Home Affairs.

Description

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia permanently. It is usually only for people who currently hold a temporary Partner visa (subclass 820).

What this visa allows

Visa subclass

835 Learn more via the Australian Department of Home Affairs.

Description

This permanent visa lets people stay in Australia to be with their only close family member.

What this visa allows

  • Stay in Australia permanently.
  • Work and study in Australia.
  • Enrol in Australia’s public health care scheme, Medicare.
  • Travel to and from Australia for 5 years.
  • If eligible, apply for Australian citizenship.

Visa subclass

836 Learn more via the Australian Department of Home Affairs.

Description

This permanent visa lets people stay in Australia to care for someone with a long-term medical condition who has no reasonable access to care options in Australia.

Among other things, the visa holder must be willing and able to provide ongoing substantial care and continuing support or assistance to their Australian relative who needs care, or their family member who lives with them and needs care.

To show this, the visa holder should fully understand their Australian relative, or their family member's, medical condition and what their care needs are.

As the visa holder is considered to be a carer, training contracts must be reviewed to ensure the visa holder is able to meet minimum part time or full time hours along with caring for their relative.

What this visa allows

  • Stay in Australia permanently.
  • Work and study in Australia.
  • Enrol in Australia’s public health care scheme, Medicare
  • Sponsor your relatives to come to Australia
  • Travel to and from Australia for 5 years
  • If eligible, apply for Australian citizenship.

Visa subclass

887 Learn more via the Australian Department of Home Affairs.

Description

This visa is for people who have lived and worked in specified areas of regional Australia on a previous, eligible visa.

What this visa allows

  • Stay in Australia permanently
  • Work and study in Australia
  • Enrol in Australia’s public health care scheme, Medicare
  • Travel to and from Australia for 5 years
  • If eligible, apply for Australian citizenship.

Temporary visas

Visa subclass

309 Learn more via the Australian Department of Home Affairs.

This visa is the first stage towards a permanent visa under Partner (Migrant) visa subclass 100.

Description

Allows the partner or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia.

What this visa allows

  • Enter Australia and stay until a decision is made about permanent Partner Visa subclass 100
  • Work in Australia.
  • Study in Australia (at own expense)
  • Access up to 510 hours of free English language tuition
  • Enrol in Medicare.

Visa subclass

461 Learn more via the Australian Department of Home Affairs.

Description

This visa is for a person who is not a New Zealand citizen but is a member of a family unit of a New Zealand citizen. It lets the visa holder live and work in Australia for up to five years.

Training Contracts must be reviewed on a case-by-case basis for visa holders to ensure they are able to meet their obligations and complete the term of their training contract.

What this visa allows

  • Live, work and study in Australia for up to 5 years from the date the visa is granted.
  • Travel to and from Australia as many times as the visa holder wants during the 5 year period.

Visa subclass

491 Learn more via the Australian Department of Home Affairs.

For the family of the holder of the 491 visa only.

Description

This visa is for a member of the family unit of someone who holds a Skilled Work Regional (Provisional) visa (subclass 491).

The family member must be working in the designated region of Australia as per the definition by the Department of Home Affairs.

What this visa allows

  • Stay in Australia while the visa is valid
  • Live, work and study in a designated region of Australia.
  • Travel to and from Australia as many times as you want the visa while the visa is valid.
  • If eligible, apply for permanent residency through the Permanent Residence (Skilled Regional) visa (subclass 191).

Visa subclass

494 Learn more via the Australian Department of Home Affairs.

Holders of the 494 visa are not eligible to undertake an apprenticeship or traineeship in NSW.

For the family of the 494 visa holder only.

Description

This visa is for members of the family unit of a Skilled Employer Sponsored Regional (SESR) (Provisional) visa (subclass 494) holder who are applying separately for their SESR visa, and wish to join the primary SESR visa holder in Australia.

What this visa allows

  • Stay in Australia while the visa is valid.
  • Live, work and study only in designated regional areas of Australia for up to 5 years.
  • Travel to and from Australia as many times as they want while the visa is valid.

Visa subclass

500 Learn more via the Australian Department of Home Affairs.

For school-based trainees only.

Description

Visit Australia to participate in a course of study.

This is a temporary visa to study up to 5 years. The type of course and it’s length will determine the length of stay that can be granted by the Department of Home Affairs.

Visa holders must be able to be in Australia for the full term of the apprenticeship or traineeship.

Visa holders can not be full time and they must be able to meet the minimum number of hours required as per the Vocational Training Order. They must not exceed more than 48 hours per fortnight of paid employment.

What this visa allows

  • Participate in an eligible course of study in Australia
  • Travel in and out of Australia
  • Work up to 48 hours a fortnight when your course of study or training is in session (students studying a masters degree by research, or doctoral degree, and their families, have no work limits) See Work restrictions for students visa holders.

Visa subclass

820 Learn more via the Australian Department of Home Affairs.

This visa provides a pathway to permanent residence through the Partner visa subclass 801.

Description

This visa allows the de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, to live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 801).

What this visa allows

  • Stay in Australia
  • Work and study in Australia
  • Travel to and from Australia as many times as they want.
  • If eligible, attend free English language classes provided by the Adult Migrant English Program .
  • Enrol in Medicare.

Refugee and Humanitarian visas

Visa subclass

200 Learn more via the Australian Department of Home Affairs.

Description

The visa holder can move to Australia if they are subject to persecution in their home country. These visas allow the holder and their family to live, work and study indefinitely in Australia.

What this visa allows

  • Stay in Australia permanently.
  • Work and study in Australia.
  • Enrol in Australia’s public health care scheme, Medicare.
  • Travel to and from Australia for 5 years.
  • If eligible, attend free English language classes provided by the Adult Migrant English Program
  • Apply for Australian citizenship, if eligible.

Visa subclass

201 Learn more via the Australian Department of Home Affairs.

Description

The visa holder can move to Australia if they are subject to persecution in their home country. These visas allow the holder and their family to live, work and study indefinitely in Australia.

What this visa allows

  • Stay in Australia permanently.
  • Work and study in Australia.
  • Enrol in Australia’s public health care scheme, Medicare.
  • Travel to and from Australia for 5 years.
  • If eligible, attend free English language classes provided by the Adult Migrant English Program
  • Apply for Australian citizenship, if eligible.

Visa subclass

202 Learn more via the Australian Department of Home Affairs.

Description

With this visa the holder can move to Australia if they face substantial discrimination or human rights abuses, have a proposer, and stay in Australia permanently with immediate family.

What this visa allows

  • Stay in Australia permanently.
  • Work and study in Australia.
  • Enrol in Australia’s public health care scheme, Medicare.
  • Travel to and from Australia for 5 years.
  • If eligible, attend free English language classes provided by the Adult Migrant English Program
  • Apply for Australian citizenship, if eligible.

Visa subclass

203 Learn more via the Australian Department of Home Affairs.

Description

The visa holder can move to Australia if they are subject to persecution in their home country. These visas allow the holder and their family to live, work and study indefinitely in Australia.

What this visa allows

  • Stay in Australia permanently.
  • Work and study in Australia.
  • Enrol in Australia’s public health care scheme, Medicare.
  • Travel to and from Australia for 5 years.
  • If eligible, attend free English language classes provided by the Adult Migrant English Program
  • Apply for Australian citizenship, if eligible.

Visa subclass

204 Learn more via the Australian Department of Home Affairs.

Description

The visa holder can move to Australia if they are subject to persecution in their home country. These visas allow the holder and their family to live, work and study indefinitely in Australia.

What this visa allows

  • Stay in Australia permanently.
  • Work and study in Australia.
  • Enrol in Australia’s public health care scheme, Medicare.
  • Travel to and from Australia for 5 years.
  • If eligible, attend free English language classes provided by the Adult Migrant English Program
  • Apply for Australian citizenship, if eligible.

Visa subclass

785 Learn more via the Australian Department of Home Affairs.

Description

This visa is for people who arrive in Australia without an approved visa, and want to seek asylum.

It allows the holder to stay in Australia temporarily, up to 3 years, if they engage Australia's protection obligations and meet all other requirements for the visa to be granted.

What this visa allows

  • Live, work and study in Australia for 3 years
  • Access to:

Visa subclass

790 Learn more via the Australian Department of Home Affairs.

Description

This visa is for people who arrive in Australia without an approved visa, and want to seek asylum.

It allows the holder to stay in Australia temporarily yp to 3 years if they engage Australia's protection obligations and meet all other requirements for the visa to be granted.

What this visa allows

  • Live, work and study in Australia for up to 3 years
  • Access to:
    • Medicare
    • Centrelink
    • Jobactive
    • Short-term counselling for torture and trauma
    • If eligible, attend English language classes for free.

Visa subclass

851 Learn more via the Australian Department of Home Affairs.

Description

This visa allows for the permanent resolution of status for certain visa holders, including Temporary Protection visa and Safe Haven Enterprise visa holders who arrived in Australia before 14 February 2023.

What this visa allows

Visa subclass

866 Learn more via the Australian Department of Home Affairs.

Description

This visa is for people who arrived in Australia on a valid visa and want to seek asylum. It lets you stay in Australia permanently, if you engage Australia’s protection obligations and meet all other requirements for the grant of the visa.

What this visa allows

Bridging visas

  • Work and study conditions are stipulated in the accompanying Department of Home Affairs documentation provided to the visa holder.
  • For a visa holder to be able to undertake an apprenticeship or traineeship in NSW, they and their employer, must be able to meet all obligations under the Apprenticeship and Traineeship Act and related eligibility and approval policies. This includes the ability to work and study in Australia for the whole term of the specified vocation on the training contract.
  • Visa holders that do not meet the mandatory criteria are not appropriate to be considered in NSW.
  • Visas will be investigated and assessed on a case by case basis by Training Services staff. As a part of the assessment process visa holders must provide support evidence and details of the Visa they have applied for from Department of Home Affairs.
  • Visa holders, employers and Apprentice Connect Australia Providers, must contact Training Services prior to considering if an apprenticeship or traineeship pathway is an appropriate pathway for the visa holder.
  • A substantive visa is any visa which is not a bridging visa, criminal justice visa or an enforcement visa.
  • Visa processing times must be reviewed as a part of the assessment of any Training Contract. Processing times indicated on the Department of Home Affairs website are for recently decided applications. It is a guide only, and not specific to the application process.
  • Applications are assessed by the Department of Home Affairs on a case-by-case basis and actual processing times can vary due to individual circumstances, this can include:
    • whether the application has been completed correctly and with all necessary supporting documents,
    • how quickly the applicant responds to requests for more information,
    • how long it takes to perform required checks on the supporting information provided,
    • how long it takes to receive information from external agencies and national security requirements
    • how many places are available in the migration program.

Bridging Visa A (BVA)

This visa allows the holder to stay in Australia until their application for a new substantive visa is decided. It can be granted if the application is lodged in Australia while holding a current substantive visa. It does not allow the holder to return to Australia if they leave.

Category:

  • Skills

Business Unit:

  • Training Services
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