Graduate Diploma

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Graduate Diploma in Migration Law
LML6004 – AUSTRALIA’S VISA SYSTEM 2 (ECONOMIC)
Assessment Task 2 – Semester 2, 2022
Instructions:
1. Students must answer all questions as indicated. Make certain all answers
are clearly labelled.
2. Make certain that you enter your
NAME and STUDENT NUMBER on each
page. Insert them into the header or footer for ease.
3. This assignment comprises 35% of the assessment in this unit.
4. Students should note that English expression, grammar and spelling are
taken into account in assessment of their answers.
5. SUBMISSION OF ASSESSMENT: Please check the online centre for the due
date for your class group. It is the responsibility of the student to ensure that
the date for receipt is complied with. It is intended that all assessments be
lodged electronically. This will then automatically generate a receipt.
6. WORD LIMIT: Word limits are indicated for questions and should be adhered
to with each answer, these limits are indicative of the amount of information
required to address the question.
7. All answers should be supported by reference to the legislative
provisions.
8. A student whose answer to any question depends upon facts which are
not stated, must discuss all relevant alternatives.
9. REFERENCING: Students are required to use the Australian Guide to Legal
Citation as the preferred method of referencing. You are also required to
submit a bibliography for each assessment task and not merely a reference
list.
Assessment Criteria:
1. Accurate answers to the questions demonstrating knowledge of statutory
interpretation, legislative and regulatory provisions and applying problem
solving skills.
2. Answers are justified by clear reference to the relevant facts, identify logical
assumptions you have made about the facts in answering questions.
3. Arguments and information are clearly and logically presented.
4. Demonstrated understanding of principles and values of a registered
migration agent.

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SCENARIO
Pernilla Bergen, from Switzerland, arrived in Australia in 2019 on a Student Class TU
subclass 500 visa to complete a Master of Teaching (by coursework), having already
completed a Bachelor of Education in Switzerland. Pernilla was 32 when she arrived
in Australia. The course was for 24 months and she completed this in 2021. Prior to
coming to Australia, she has worked as a primary school teacher in the UK for three
years. After she completed her Master of Teaching, she was granted a Temporary
Graduate Class VC subclass 485 visa in January 2022. However, she is unsure how
long this visa was granted for but thinks it will cease soon.
Pernilla arrived in Australia with her husband who is a citizen of Switzerland and her
two children, who were 3 years old and 7 years old at the time of arrival and are now
6 years old and 10 years old respectively. Her husband works for an online gaming
corporation and can work remotely from anywhere in the world. Her two children now
attend primary school and as a primary school teacher, Pernilla understands that
consistency in schooling is important in the early years. Pernilla spoke to her
husband and given the flexibility of his work and their love of Australia, she would like
to bring up their children in Australia. However, she wants to make sure they all travel
back to Switzerland in the school holidays. Her husband was happy with this
arrangement and told her that as long as she sorted it all out, he was also happy to
remain in Australia.
Pernilla is currently working at a local primary school in Mount Waverly in Victoria,
and she has seen that post COVID-19, there is a significant shortage of primary
school teachers in Victoria. Pernilla told the principal of the school her intention to
find a way to permanently remain in Australia, to which the Principal responded with
great excitement and enthusiasm, given the nationwide teacher shortage, and
indicated that the school would support her in any way they could.
One of the teachers at the school she works closely with, Sarah, is moving to a
school in Lara (postcode 3212) which is close to the beach and Point Wilson, a
beautiful area to bring up a family. Pernilla asks her about her new job and Sarah
tells her that during COVID-19, many families moved regionally and this primary
school has nearly double the number of children attending and is the school is
looking for more primary school teachers. Pernilla contacts the school and given her
experience, they indicate that they are very interested in hiring her. Pernilla advised
them of her visa status, and they also said they would assist anyway they could.
Pernilla is unsure what she should do as there are a number of factors to consider.
However, she comes to the conclusion that the option that would allow her and her
family a pathway to remain in Australia permanently would be the correct decision in
the long run.

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Pernilla has also noticed that government advertising is trying to attract more
teachers and thinks this is an opportune time for her family to permanently reside in
Australia.
Pernilla contacts you, a registered migration agent and would like your advice.
QUESTION
Which skilled visa, if any, would you recommend Pernilla apply for and why, if
she wants to permanently migrate to Australia? Explain what the requirements
are for the visa option/s you have identified. If the visa option/s require
sponsorship or nomination requirements to be met, you must also explain
these requirements as well.
You must support your answers with reference to the specific legislative or
regulatory provisions.
(35 marks)
(Maximum Word Limit: 2200 words)

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