PIC 4014 Exclusion Periods

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PIC 4014 Exclusion Periods

PIC 4014

PIC 4014 – Visa Refusal After Unlawful Departure or Bridging Visa Exit

Public Interest Criterion 4014 (PIC 4014) allows the Department of Home Affairs to refuse a visa if an applicant previously departed Australia:

  • As an unlawful non-citizen; or
  • While holding a Bridging Visa C (BVC), Bridging Visa D (BVD), or Bridging Visa E (BVE);

and is applying for a new visa within 3 years of that departure.

This criterion is designed to discourage individuals from overstaying their visas or remaining in Australia unlawfully, then departing and quickly seeking to return.

If you held a Bridging Visa E and left Australia unlawfully, you may be facing a 3-year ban under PIC 4014, often referred to as the “Bridging Visa E 3-year ban.”

When Does PIC 4014 Apply?

You may be affected by PIC 4014 if:

  • You left Australia as an unlawful non-citizen; or
  • You held a BVC, BVD, or BVE at the time of departure; and
  • You are applying for a visa within 3 years of leaving Australia.

If these apply, your visa can be refused unless you satisfy an exemption or justify an exception based on compelling or compassionate circumstances.

Are There Exceptions to PIC 4014?

Yes. PIC 4014 does not apply if:

  • You departed Australia within 28 days after your substantive visa expired; and
  • Any bridging visa you held was:
    • Granted within 28 days after your substantive visa expired; or
    • Granted while you still held another valid visa (substantive or bridging).

These exceptions are strict. The burden is on the applicant to prove eligibility.

Why You Left Matters – But How You Left Matters Even More

It’s not just the fact that you left Australia. It’s how and under what visa status. If you departed unlawfully or on a bridging visa without resolving your status, the Department may see you as a compliance risk.

However, many applicants wrongly assume they are subject to PIC 4014 when they are not. A thorough legal review of your visa history and departure details can help determine whether the rule applies.

What Evidence Can Overcome the 3-Year Ban?

To seek an exception within the 3-year period, you must demonstrate:

  • Compelling circumstances affecting Australia’s interests; or
  • Compassionate or compelling circumstances affecting an Australian citizen, permanent resident, or eligible New Zealand citizen.

Examples of supporting evidence:

  • Medical reports for family members in Australia
  • Birth certificates of Australian children
  • Statements showing financial dependency or emotional hardship
  • Documentation of genuine relationship with an Australian partner

Every case is unique. Evidence must be strong, consistent, and well-explained.

Don’t Wait and Risk a Refusal – Act Before You Lodge

Many applicants discover PIC 4014 applies only after lodging their visa application, when they receive a s56 or s57 request. By then, time and opportunity may be limited.

To avoid this, it is crucial to:

  • Review your visa history with a migration lawyer
  • Identify if your departure qualifies as a “risk factor”
  • Gather supporting documents early
  • Prepare a legal submission before applying

How Jade Immigration Lawyers Can Help

We help clients:

  • Assess their visa and departure history
  • Determine if PIC 4014 applies
  • Draft compelling submissions with supporting evidence
  • Prepare s56/s57 responses where needed
  • Represent them in visa applications and AAT appeals

We work with care, confidentiality, and clarity.

Speak with Jade Immigration Lawyers today – we’re here to help you.

📞 Call us: 0485 907 989
📧 Email: jade@jadeimmigrationlawyers.com.au
📝 Submit an online enquiry or
📅 Book a consultation now to get personalised immigration advice from our experienced team. We assist clients across Australia and internationally.

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FAQ

Find answers to common questions about our Public Interest Criteria (PIC) services and processes. If you need further assistance, please contact us. 

What is PIC 4014?

It allows the Department to refuse a visa if you left Australia unlawfully or on a bridging visa and reapply within 3 years.

Does PIC 4014 apply if I overstayed and left voluntarily?

Yes, if you were unlawful or held a BVE when departing.

What are the exceptions?

If you left within 28 days of your visa expiring and met bridging visa timing rules.

Can I apply again after 3 years?

Yes. After 3 years, PIC 4014 does not apply.

Can compassionate reasons override the 3-year rule?

Yes, if properly documented and presented.