Exclusion Periods: Understanding the 4013 and 4014 Public Interest Criteria in Australian Visa Applications
In the realm of Australian immigration law, two terms often come up - Public Interest Criteria (PIC) 4013 and PIC 4014. These criteria are attached to most visa applications and play a crucial role in determining an applicant's eligibility for a visa.
PIC 4013 and PIC 4014 are essentially exclusion periods that identify visa applicants who may pose a risk to Australia due to their previous breaches of immigration law. If an applicant fails to meet these criteria, they may face a 'ban period' or 'exclusion period' of three years during which they cannot be granted another visa.
PIC 4013 applies to individuals who have had a visa cancelled. If an applicant has had a visa cancelled and is applying for a new visa within three years of the cancellation, the visa cannot be granted unless there are compelling circumstances that affect the interests of Australia or compassionate circumstances that affect the interests of an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
On the other hand, PIC 4014 relates to a person's immigration status at the time of a previous departure from Australia. If you are affected by a risk factor and apply for a visa within three years of leaving Australia, you cannot be granted a visa unless the same conditions as PIC 4013 are met.
These exclusion periods are commonly referred to as a 're-entry ban' or a '3-year ban'. However, it's important to note that this ban does not prevent you from lodging a valid visa application. It merely means that you cannot be granted another visa if the 3-year ban applies to you.
In some cases, the Minister may lift or waive PIC 4013 or PIC 4014 if he is satisfied that there are compelling circumstances that affect the interests of Australia or compassionate circumstances that affect the interests of an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
Despite the operation of both PIC 4013 and PIC 4014, if the new visa being applied for does not have PIC 4013 or PIC 4014 as a criterion for the grant of that specific visa, then applicants can still have another visa granted. For instance, PIC 4013 and PIC 4014 do not apply as a visa criterion to applications for the Employer Nominated Scheme (Subclass 186), Regional Skilled Migration Scheme (Subclass 187), or Partner Visas.
It's also worth noting that if you comply with the conditions of your visa and maintain a valid visa while in Australia, you are not at risk of a re-entry ban. However, if you hold or have held a Bridging visa C, D, or E that was granted more than 28 days after your substantive visa expired, a three-year re-entry ban may apply.
Navigating the complexities of Australian immigration law can be challenging. If you're affected by PIC 4013 or PIC 4014, it's advisable to seek professional advice to understand your options and the best course of action.