Overstayed or had a Visa Refusal? Trigger PIC 4013 and PIC 4014

Overstaying your visa in Australia is a serious matter and may have significant legal consequences. Beyond becoming an unlawful non-citizen, you may trigger Public Interest Criteria (PIC) 4013 and possibly Public Interest Criteria (PIC) 4014, which can affect your future visa options and ability to remain in Australia.

What are PIC4013 and PIC 4014?

PIC4013 applies to visa applicants who have previously had a visa refused or cancelled. It restricts these affected applicants from reapplying for certain visas unless they seek a waiver.

PIC4014 applies to individuals who have previously left or been removed from Australia unlawfully, i.e., not holding a valid visa, such as a BVC, BVD, or BVE, after a specified timeframe. It restricts their ability to re-enter Australia within a specific period, typically 3 years after their date of departure, unless they can demonstrate exceptional circumstances through a waiver.

How a Visa Refusal Can Trigger PIC4013?

When a visa is refused or cancelled, the applicant will be subject to a 3-year exclusion period starting from the date of refusal or cancellation.
This ban will prevent specific visa subclasses from being granted; however, it may be waived on compassionate and compelling grounds.

How Overstaying a Visa Can Trigger PIC 4014?

When a visa applicant stays in Australia beyond the validity of their visa, they become an unlawful non-citizen.
As an unlawful non-citizen, it also means that the individual is no longer holding a substantive visa and may have a history of visa non-compliance, which also indicates the visa applicant does not follow the visa conditions.
If the individual has overstayed their visa and voluntarily departs or is subsequently removed from Australia, PIC4014 may be activated. Applicants can seek a waiver for PIC4014 if they can demonstrate compassionate and compelling grounds.

What is the Impact of PIC4013 and PIC4014?

The implications of triggering PIC4013 and PIC4014 are considerable:

Restricts the individual’s visa options, particularly for those seeking to remain in Australia.
May delay or prevent the individual from obtaining a new visa in the future.
It will also add complexity to the visa application process due to stricter requirements.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Help

The PIC4013 and PIC4014 can influence your visa decision and impact your future immigration prospects; however, there may be ways to overcome them. Consult with one of our Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva, who can assess your specific circumstances and advise on the best course of action. The team of immigration lawyers specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin, and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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