What is PIC 4013? Understand the 3-Year Visa Ban
Having an Australian visa cancelled carries severe consequences. One of the most common and significant penalties following a visa cancellation is the application of Public Interest Criterion (PIC) 4013. PIC 4013 is designed to prevent non-compliant individuals from quickly returning to Australia on a new temporary visa.
What is PIC 4013?
Public Interest Criterion (PIC) 4013 is a legal requirement in Schedule 4 of the Migration Regulations 1994. For most temporary visas (and some permanent visas), an applicant must satisfy PIC 4013 to be granted the visa. If you fail to meet PIC 4013, the Department of Home Affairs (DoHA) will not grant you the visa for a period of three (3) years from the date your previous visa was cancelled.
Related: Which Australian Visas Subclasses Are Affected by PIC 4013 and PIC 4014?
How is PIC 4013 Triggered?
You are generally affected by PIC 4013 if you have had a visa cancelled in Australia under specific sections of the Migration Act 1958. Common cancellation grounds include Section 116 cancellations, Section 109 cancellations, Section 137J cancellations, and others.
Related: Section 116 and 501 Cancellations. What’s the Difference and Why It Matters?
The Impact of the 3-Year Ban
The 3-year ban means that if you apply for a visa that has PIC 4013 as a requirement, the Department will refuse your application unless the three (3) years have passed. The ban applies to the grant of the visa. While the system may allow you to lodge an application, it will be refused unless you successfully apply for a waiver.
Related: PIC 4013 and PIC 4014 - When and How Does the 3-Year Bar Apply?
Can PIC 4013 Be Waived?
Yes, you can waive the PIC4013 ban and 3-year exclusion period. To secure a waiver, you must provide substantial evidence proving that:
There are compelling circumstances that affect the interests of Australia; OR
There are compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident (PR), or an eligible New Zealand citizen.
Examples of successful waiver arguments may include:
You are in a genuine and continuing relationship with an Australian citizen who would suffer extreme hardship if you were forced to remain offshore for three (3) years.
You possess highly specialised skills that are in critical shortage in Australia, and an Australian business would suffer significant detriment without your employment.
There is a serious medical emergency involving an Australian family member who requires your immediate care.
Related: Don't Lie to Your Immigration Lawyer! Why Honesty is Your Best Defence
Overcoming the PIC4013 Ban
Securing a waiver for PIC 4013 is complex. DoHA assesses the waiver requests strictly, and a simple apology or standard statutory declaration will not suffice. You must present a comprehensive legal submission backed by strong documentary evidence. Furthermore, even if the PIC 4013 waiver is granted, you must still satisfy the Genuine Temporary Entrant (GTE) or Genuine Student (GS) criteria for temporary visas, which are heavily impacted by your past cancellation. Seek professional assistance from AHC Lawyers with one of our Accredited Specialists in Immigration Law to assess your specific circumstances and whether you are eligible for a PIC4013 waiver.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
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How Can Agape Henry Crux Help
Timely legal advice, backed by clear evidence and an understanding of review and intervention options, can greatly improve the likelihood of a positive outcome. Consult with one of our Accredited Specialists in Immigration Law – Jason Ling or Angela De Silva to get professional, tailored advice on the best course of action. Our team of immigration lawyers specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers for professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
We speak fluent English and Mandarin. 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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Student Visa Exposed to PIC 4020 and PIC 4013 But Overcame With Partner Visa Strategy
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