Exclusion periods for Public Interest Criteria 4013 and 4014
Exclusion periods may apply to you if you fail to meet PIC 4013 and PIC 4014 on your Australian visa application. Our immigration experts explain what these criteria are and how they apply to you.
What are Public Interest Criteria (PIC) 4013 and 4014?
Public Interest Criteria (PIC) 4013 and 4014 are visa grant criteria that apply to temporary visas, including working holiday, visitor and student visas. These criteria are designed to identify visa applicants who have previously breached Australian immigration laws and apply exclusion periods for re-entry to Australia from overseas.
PIC 4013
PIC 4013 conditions applies if a visa applicant has had a previous visa cancelled under certain circumstances, such as providing incorrect information or false documents to the Department of Home Affairs (DOHA) or working in Australia with a visa subject to a ‘no work’ condition.
Under PIC 4013, you cannot be granted certain temporary visas unless three years have passed since your previous visa was cancelled.
PIC 4014
Under criterion PIC 4014, if you did not hold a valid visa (and were therefore considered an unlawful non-citizen) or you held a Bridging C, D or E visa at the time of your previous departure from Australia, you cannot be granted certain temporary Australian visas until three years have passed since you left Australia.
An exception to the three-year re-entry exclusion period under PIC 4014 applies if you departed Australia within 28 days of a substantive visa ceasing to be in effect or if you held a Bridging Visa that was granted within 28 days of your substantive visa ceasing to be in effect.
Getting a PIC 4013 or PIC 4014 waiver
If you’re subjected to a re-entry ban under PIC 4013 or PIC 4014, you can seek a waiver from the Department of Home Affairs (DOHA) for compelling or compassionate circumstances. You’ll need to submit your request in writing and provide an explanation of why it should be granted, addressing one or both of the following:
- compelling circumstances affecting the interests of Australia
- compassionate or compelling circumstances affecting the interests of an Australian citizen or permanent resident, or an eligible New Zealand citizen.
If the DOHA waives PIC 4013 or 4014, that doesn’t mean that the exclusion period is removed completely. If you apply for a subsequent temporary visa within the three-year exclusion period, you will need to seek another waiver.
What are ‘compelling circumstances’?
The DOHA may find compelling circumstances affecting the interests of Australia may exist if:
- Trade or business opportunities would be adversely affected
- Australia’s relationship with a foreign government would be damaged
- Australia would miss out on a significant benefit that the applicant could contribute to Australia’s business, economic, cultural or other development
The DOHA may also consider it compelling circumstances if you can demonstrate that you made every effort to leave Australia while you held a valid visa, but could not do so due to factors beyond your control, such as:
- Health issues
- Unavoidable delays by airlines
- Delays associated with the issue of travel documents
- You were a minor at the time when your visa expired, and it can be demonstrated that you were not responsible for your own departure arrangements
It would not be considered compelling circumstances where the applicant simply claims they would:
- work and pay taxes in Australia
- pay fees to an education provider
- spend money in Australia
What are ‘compassionate circumstances’?
The DOHA may grant a waiver on compassionate circumstances affecting the interests of an Australian citizen or permanent resident, or an eligible New Zealand citizen, for certain situations, such as:
- Family members in Australia would be left without financial or emotional support
- A parent in Australia would be separated from their child (if, for example, the child was removed from Australia with their non-resident parent and is subject to the exclusion period)
The PAX Law team can help if you’re facing an exclusion period
If you find yourself subject to an exclusion period, the PAX Law team is here to help. Our experienced immigration lawyers will assess your circumstances, including your immigration history and the reasons for the three-year exclusion period being imposed, and consider whether there are any compelling or compassionate circumstances that may justify a waiver in your case, and if applying for a waiver is likely to be successful.
We will manage your visa application for you and guide you on the types of evidence to provide as part of a detailed waiver submission, including documents that demonstrate your circumstances, your compliance history and any compelling or compassionate factors, to give you the best chance of a successful outcome on your application.
FAQs
“You can still apply for a permanent visa if you have been banned from re-entering Australia under PIC 4013 or PIC 4014,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “It’s important to remember that your immigration history will be considered when the DOHA considers your application, and an exclusion period may affect their view of your overall conduct and compliance with Australian law as part of the character assessment.”
To avoid a re-entry ban, make sure that you:
- comply with your visa conditions
- depart Australia before your visa expires
- maintain a valid visa while you are in Australia
- comply with Australian laws
- provide accurate and complete information when applying for a visa
The PIC 4013 exclusion period begins on the date your previous visa was cancelled and ends three years later.The PIC 4014 exclusion period begins on the date you leave Australia and ends three years later.