What are Migration Act and Migration Regulations?

SCENARIO

Pernilla Bergen, from Switzerland, arrived in Australia in 2019 on a Student Class TUsubclass 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 worked as a primary school teacher in the UK for three years. After she completed her Master of Teaching, she was granted a TemporaryGraduate 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 now6 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 during the school holidays. Her husband was happy with this arrangement, ent 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 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 in any way 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.

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 requires 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.

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