How Can I Avoid Re-Entry Ban (PIC 4014)?

Overstayed your visa and now you are planning to leave Australia temporarily? If you are found this article, you must be researching about re-entry visa ban, also known as Public Interest Criteria (PIC) 4014 or the exclusion period. You are probably wondering if you are subjected to PIC 4014 and how it may affect your future visa applications, and also thinking if there is a possibility to avoid the PIC 4014 or the exclusion period. Let go through what is PIC4014 and in what kind of circumstances you may be able to avoid it.

What is PIC 4014?

PIC 4014 is a specific visa criterion designed to prevent individuals from being granted a visa to Australia if they have a history of non-compliance with immigration laws. It primarily applies to those who:

Left Australia as an unlawful non-citizen; or
Left Australia as a Bridging Visa C, D or E holder

If you are subject to PIC 4014, you generally cannot be granted most Australian visas for 3 years unless a waiver is granted with a strong, compelling and compassionate reason.

How to Avoid Triggering PIC 4014, the Re-Entry Ban?

The key to avoiding PIC 4014 lies in maintaining a lawful status and understanding critical deadlines. You can prevent being affected by PIC 4014 if:

You leave Australia within 28 days after your substantive visa ceases.
You obtain a Bridging Visa A or B is ideal, but you obtain a Bridging Visa C (Subclass 030), Bridging Visa D (Subclass 040), or Bridging Visa E (Subclass 050) within 28 days after your substantive visa ceases, and:
- You leave Australia on that Bridging Visa.
- You leave Australia on a second Bridging Visa (granted while holding your first Bridging Visa), which itself was granted:
  - While you held a substantive visa, OR
  - Within 28 days after your substantive visa ceased.

For example: If your substantive visa ceased on 1 January 2025, you would have overstayed your visa and become an unlawful non-citizen on 2 January 2025. To avoid PIC 4014 and being subjected to a re-entry ban for 3 years, you would need to either:

Leave Australia before 29 January 2025.
Obtain a Bridging Visa (ideally A or B) before 29 January 2025 and leave Australia on that visa.
If you needed a BVE (Subclass 050), ensure it was granted within 28 days of your substantive visa expiring, and you leave Australia on that BVE.

What if You are Already Affected by PIC 4014?

If you are already subject to PIC 4014, your options are limited:

You can apply for a new visa if 3 years have passed since you departed from Australia.
You can seek a waiver for exemption PIC 4014 if there are:
- Compelling circumstances affecting the interests of Australia; OR
- Compassionate or compelling circumstances affecting the interests of an Australian citizen, Permanent Resident (PR) or eligible New Zealand citizen.

If you were to apply for a new visa without seeking a waiver, your visa application may be invalid or result in a visa refusal.

Common Scenarios Where PIC 4014 Applies

Overstaying your substantive visa expiry date by more than 28 days.
Obtaining a Bridging Visa E (BVE) (SC050) more than 28 days after your last substantive visa ceased.
People who obtain multiple BVEs to extend their stay and then leave.

How Can Agape Henry Crux Assist

If you think you may be facing a re-entry ban, our team can assist you. Speak with an immigration lawyer at Agape Henry Crux for tailored advice to meet your visa objective. Our Accredited Specialists in Immigration Law and Immigration Lawyers specialise in handling highly complex matters. You can schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

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

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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Overcoming PIC 4014 Re-Entry Ban