Exclusion Periods – PIC 4013 and 4014

Public Interest Criteria (PIC) 4013 and 4014 are the exclusion periods.

What are these exclusion periods for? They are to identify visa applicants who may present a risk to Australia because of their previous breaches of immigration law and to prevent certain applicants from being granted a visa.

  • PIC 4013: a visa cannot be granted to the affected person unless three years have passed since the cancellation of their previous visa.
  • PIC 4014 relates to the applicant’s immigration status at time of a previous departure from Australia. If the person is affected by a risk factor, a visa cannot be granted unless three years have passed since the person left Australia.

Not all visas have exclusion criteria – for example, PIC 4013 and 4014 are criteria for a Subclass 417 (Working Holiday) visa but not for a Subclass 309 (Partner (Provisional) visa. More than one exclusion criterion may apply at the same time, i.e., both PIC 4013 and 4014 can affect the same person. 

A waiver is possible for both PIC 4013 and PIC 4014 if the Minister is satisfied that there are:

  • compelling circumstances affecting the interests of Australia, or
  • compassionate or compelling circumstances affecting the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen – that justify the grant of the visa within three years period.

Requesting a waiver to the exclusion periods requires thorough preparation and a solid submission. In Shire Migration, we can help with the request.

If you are affected by PIC 4013, 4014 – contact us today to discuss how we can help.