Exclusion Periods for Australian Visas

An Exclusion period is when an individual is suspended or barred from re-entering Australia when they have breached the conditions of their visa. When this happens, the individual will receive a Public Interest Criterion (PIC) 4013 or 4014, which are designed to help maintain the integrity of Australian Immigration. If you are re-applying for a visa after an exclusion period, it is essential to seek advice from someone who understands every aspect of the process.

This criterion applies to people who have had a visa cancelled. If an applicant fails PIC4013, in that they have had a visa cancelled and are applying for a new visa within three years of the visa cancellation, the visa cannot be granted unless there are:

1. Compelling circumstances that affect the interests of Australia
2. Compassionate or compelling circumstances that affect the interests of an Australian citizen or an Australian permanent resident or an eligible New Zealand citizen

PIC 4013 applies to those who have breached the conditions of their visa or individuals whose visas have been previously cancelled. A PIC 4013 exclusion period can be up to three years. If you need to appeal a breached visa and want to know more about PIC 4013, contact us today.

This criterion affects visa applicants who are applying for a visa to Australia after having departed Australia as an unlawful non-citizen, or the holder of a Bridging Visa Class C, D or E granted after a specified timeframe.

Applicants who fall within this description and are applying within three years of their departure from Australia for a new visa cannot be granted a visa unless there are:

1. Compelling circumstances that affect the interests of Australia
2. Compassionate or compelling circumstances that affect the interests of an Australian citizen or an Australian permanent resident or an eligible New Zealand citizen

PIC 4014 covers individuals impacted by Section 48 of the Migration Act. A PIC 4014 may be implicated if an individual has left Australia after the specified timeframe of their visa, making their presence in the country illegal. This can result in a three-year re-entry ban.

Despite the operation of both PIC4013 and PIC4014, if an applicant fails either (or both) of those PIC’s, if the new visa being applied for does not have PIC4013 or PIC4014 as a criteria for the grant of that specific visa, then applicants can still have another visa granted.

For example, PIC 4013 and PIC 4014 do not apply as a visa criterion to application for the following visas:

1. Employer Nominated Scheme (Subclass 186)
2. Regional Skilled Migration Scheme (Subclass 187)
3. Partner Visas

This means that even if applicants have had a visa cancelled or departed Australia after being an unlawful non-citizen or the holder of certain classes of Bridging Visas, they may still be eligible to have the above mentioned visas granted if they satisfy all the relevant eligibility criteria for the given visa they apply for.

Thankfully, not every exclusion period is permanent. There are specific cases where individuals can re-apply for an Australian Visa. For example, those with a partner who has permanent Australian residency or citizenship may be able to apply for a partner visa. Additionally, skilled workers can appeal an exclusion period with the help of a sponsor through the employer nomination scheme. If their particular skills are something lacking in Australia, they are more likely to be accepted. Another way to re-apply is through a regional sponsorship migration scheme visa, which can override the exclusion period. When applying, exceptions are assessed on a case-by-case basis, and it is advised to seek the help of a professional to enhance the chances of acceptance.

If you left Australia as a unlawful non-citizen or a holder of a Bridging Visa Class C, D or E, or had your last Australian visa cancelled, you should contact us to see if you may still be eligible for a new Australian visa on the basis that:

1. There are compelling circumstances that affect the interests of Australia, or compassionate or compelling circumstances that affect the interests of an Australian citizen or an Australian permanent resident that apply to you
2. You wish to apply for a visa that is not subject to the relevant Public Interest Criterions

We offer all our prospective clients an initial meeting, during which we will thoroughly explain the law surrounding this area to you and inform you of the process moving forward.

To organise an initial consultation with us, please contact one of our experienced immigration lawyers on (02) 9590 3987.

How many days can I stay in Australia after my visa expires?

Though it is not advised, individuals can overstay their visa by up to 28 days without suffering consequences, such as an exclusion period or additional penalties. This flexibility is there to support special circumstances and should not be abused.

How long can you stay with an expired visa?

If you remain in Australia after a visa has expired, it will likely result in detention followed by an exclusion period.

Can the exclusion period be waived?

Under compelling circumstances, it is possible for an exclusion period to be waived. These may include cases concerning hardship or critical skill shortages in Australia. If you are considering getting your exclusion period waived, it is recommended that you seek professional help.