Changing from a working holiday visa to a Training and Research (Subclass 402) Visa

sbond88 · #1 (**permalink**) 8th January 2013, 02:45 PM

Hi guys,
I am hoping that you can help me!

My boyfriend is looking to move to Australia shortly. He has a law degree and would like to eventually migrate to Australia permanently. He has 4 months of study to do when he arrives into Australia to 'bridge' his UK degree with the Australian Law degree.

After these 4 months of study are over he needs to do some training with a solicitor in order to be able to practice in Australia. My questions is, providing he meets all the requirements of the visa can he change from a WHV visa to a Training and Research (Subclass 402) Visa?

This particular visa is for training or practical experience in the workplace required for you to obtain registration for employment in your occupation in Australia, so it sounds perfect! But we want to ensure that he can swap from a WHV to a Training and Research (Subclass 402) Visa? I know that it can sometimes be quite hard to extend your stay after obtaining a WHV.

The reason he is applying for a WHV is because it allows 4 months study which is all he needs - the student visa seems quite messy and expensive in his circumstance because he only needs to study for 4 months.
Any help or input would be GREATLY appreciated.

Steph

_shel · #2 (**permalink**) 8th January 2013, 03:41 PM

Actually he can if he could find an eligible sponsor. How would he do that? He couldn't use the contacts from the uni he will be studying at because that would be against the rules of the visa. ie taking places for citizens & PR holders. or has he found one willing to employ and train him?

sbond88 · #3 (**permalink**) 8th January 2013, 06:29 PM

Hi Shel,

Thanks for your reply. I've just re-read my question and realised I left out a rather important bit of information! After he studies for 4 months, he goes to law school and then completes 6 months of following a soliciter around.

So, based on the information I find on the IMMI website he can apply for this visa whilst he is inside Australia, and that the law school can be counted as a sponsor as its work based training by a recognised organisation.

I was just concerned that the WHV would not allow him to change his visa status when he finished his 4 month study.

Cheers, Steph

_shel · #4 (**permalink**) 8th January 2013, 06:53 PM

I don't know to be honest, it sounds like he should be applying for a student visa instead. I know it's vocational training but student visas are for that tok.

I can only advise to speak to a registered migration agent. He doesn't want to go making any costly mistakes that land him back in the UK without a visa.

But you say he's your boyfriend. Will you be going?

sbond88 · #5 (**permalink**) 8th January 2013, 07:12 PM

The only reasons we were trying to stay away from a student visa were because:

1. You need to be able to find yourself without work for your study period. On the IMMI website it states you need to have AUD18,800 (approx) just to fund yourself, that's without cours fees etc
2. I am guessing we will need 2 student visas because he is going from one qualification to another technically (single unit study to bridge his law degree to attending law school)

I can't find anywhere on IMMI that says they will decrease the amount of funds you need if you arnt studying for 12months!

Have received very brieif advise from a migrant agent - yet to get a complete answer.

I'm Australian myself so I'll be going back with him hopefully (if we can get him all sorted)

_shel · #6 (**permalink**) 8th January 2013, 08:35 PM

So, how long have you been in a relationship? Are you living together? Would he not qualify for a spouse visa? So much easier and much less faff!

As for the money needed. They will be much less strict on a UK applicant and even less so if he has an Australian spouse. They are strict on some people who use the student visa as a way of getting into the country with no intention of studying and work full time.