PIC 4013 & PIC 4014 Exclusion Periods
PIC 4013 & PIC 4014 are Public Interest Criteria that must be met for grant of most temporary visas for Australia.
When listed as criteria for a visa, PIC 4013 and PIC 4014 can prevent the grant of the visa for up to three years after a cancellation of a visa (PIC 4013) or after leaving Australia while holding a BVC, BVD, or a BVE (Bridging visa C, D or E) or holding no visa at all.
The purpose of PIC 4013 and PIC 4014 is to identify people who are a risk to Australia because of negative Immigration histories and exclude them from re-entering Australia for a period.
Similar and sometimes related criteria are found in parts of the Migration Act and Regulations relating to “behaviour concern non-citizens”, the Schedule 5 Special Return Criteria, the Character Test, & PIC 4020. The last two are discussed in other blog entries on this website.
When a visa is cancelled for a Prescribed Reason, then an application for a new visa that requires meeting PIC 4013 cannot be granted during the exclusion period.
The standard exclusion period is for three years from the date of the cancellation decision.
Not all visa cancellations will lead to problems under PIC 4013, however, the list of Prescribed Reasons is incredibly complex and arcane, so if your most recent visa was cancelled for any reason, you should assume you will have trouble with PIC 4013 until you learn otherwise.
If you are applying for a new temporary visa that requires PIC 4013 to be met, you should have this issue checked by an experienced migration agent like Career Up before you submit the application.
If you leave Australia as an unlawful citizen (with no visa at all) or while holding a BVC, BVD, or BVE, then you may or may not be affected by PIC 4014.
Any application for a new visa that requires meeting PIC 4014 cannot be granted during the exclusion period.
The standard exclusion period is for three years from the date you leave Australia while holding no visa or holding a BVC, BVD, or BVE.
Again, the details of whether you will or will not be affected by PIC 4014 are incredibly complex and arcane, so if you left Australia after the grant of any BVC, BVD, or BVE or while you held no visa at all, you should check with an experienced migration agent like Career Up to find out if you are affected.
If you are applying for a new temporary visa that requires PIC 4014 to be met, you should have this issue checked by an experienced migration agent like Career Up before you submit the application.
How to avoid exclusions under PIC 4013 & PIC 4014
Careful planning of ongoing visa applications can help you avoid being caught by PIC 4013 & PIC 4014.
Contact Career Up immediately if you are sent a Notice of Intention to Consider Cancellation (NOICC) of your visa and well in advance of the end of your current visa if planning to apply for further visas inside Australia.
Career Up will assist you to avoid an exclusion under PIC 4013 & PIC 4014 if possible.
Is a waiver possible?
In some circumstances, YES.
If you apply for a visa that requires PIC 4013 & PIC 4014 to be met and you are affected, then you can still apply for a waiver if there are compelling or compassionate circumstances that affect the interests of Australia or of an Australian citizen or permanent resident.
Contact Career Up to assist you with preparing the visa application and waiver application.
The visa application and the waiver application are best prepared and submitted together.
An experienced and qualified advisor like Career Up can help you achieve the best result in your circumstances.
Contact us here
Please note this blog post is not legal advice or visa advice.
Read our disclaimer for further details; https://careerup.com.au/visa/disclaimer/