# Employer Nomination Scheme (Sub-Class 186) - Labour Agreement Scheme - QUERIES



## Mark J. (11 mo ago)

Hi everyone,

This is my first post here.
I have a few queries about Sub-Class 186 (Labour Agreement Scheme).

I am a Civil Draughtsperson by Profession/Experience and an Engineer by Qualification. I am confident that I can get a successful VETASSESS as a Civil Draughtsperson.
I am at least COMPETENT in English.
Age is 33.
Currently in New Zealand (not a resident/citizen of NZ)

Now my questions are:

How likely it is to get nominated by an on-hire agency under the Labour Agreement Scheme, as an off-shore applicant? Has any one got any experience?
And what would be my profession? Can I do any job, with any client of that labour-hire company? Or am I limited to Civil Draughtsperson only?
How much do I have do work? Is there a minimum or maximum number of hours I have to do every week?
What's the coverage of that visa, state-wise? Like can I work for that on-hire company anywhere in Australia or is it a specific state or is it a specific region of that state?
I have a feeling that I would not be able to apply for this one on my own. I will need services of an immigration lawyer. But before I find one, I need to clarify these queries at least, I think.

All help much appreciated.

Thanks
Mark J., MEngNZ


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## omegaman (Dec 5, 2015)

So a Employer Nomination Scheme (subclass 186) Labour Agreement stream visa is a NOMINATE VISA, your employer nominates you. The visa is valid as long as you work for the NOMINATED employer. 

To your questions;

This depends on you skills, qualifications, and the industry need. From what I see, there is not a huge shortage of Civil Draughtspersons in Australia. Moreover, a Civil Draughtsperson would probably need to be familiar with Australian Architectural, Building and Engineering drafting standards. A local applicant would have preference. But you will never know until you apply.
NO, you apply for a Visa as a Civil Draughtsperson then you are expected to work in that role, or a role closely aligned. i.e a Civil Draughtsperson may be able to work as a general draftsperson, a CAD operator, a Surveyors assistant etc. But they could not work legally as a Real Estate Agent of a Solar Energy Salesman.
Most 186 visa's define a permanent employment situation. That is 38 hours a week minimum. Its rare to see 'part time' arrangements. However, you are not prevented from working a second job. As long as you meet your NOMINATED (SPONSORING) employers requirements. Your expected to work full time, and submit a Tax Return. Your expected to be a contributing member to Australian Society. If your not working, and paying taxes, trust me the ATO will be asking how you are making ends meet. Under the counter, cash jobs are getting harder and harder to secure. Companies/Traders found engaging staff with such 'illegal' methods are prosecuted harshly. Your employer can ask that you perform additional hours (overtime), but within strict conditions. Generally overtime in Australia is paid very well. But it ultimately comes down to the employment contract you agree and sign with your nominated employer.
As I said, you must work for the employer that is nominated in your visa grant. Another employer can apply and secure your work rights, if you so agree.
To secure a 186, you will generally need a sponsoring employer to support you. Simply put, no job, no visa. No amount of solicitors or lawyers will help. If there is not a registered employer nominating you then there is no chance.

















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## Mark J. (11 mo ago)

omegaman said:


> So a Employer Nomination Scheme (subclass 186) Labour Agreement stream visa is a NOMINATE VISA, your employer nominates you. The visa is valid as long as you work for the NOMINATED employer.
> 
> To your questions;
> 
> ...


@omegaman

Thank you for the detailed response. 

Based on your response, and some reaching out I did to labour hire companies, I have decided to stay wary of sub-class 186 sort of work visas with a lot of caveats. In fact, the other visa I was interested in was sub-class 491, but I am thinking of avoiding that too. Because, apparently, if you fall in love or get married after getting that visa, your spouse's visa application will be heavily scrutinized.

My conclusion is sub-class 189 or sub-class 190 as the only way forward, no matter how long it takes.

Thanks


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