A Close Call: Visa Overstayed, Facing a Three-Year Ban
An international student realized their student visa had been overstayed by one and a half months, resulting in a period of unlawful residence.
Had they departed Australia at that point, they would have directly triggered Public Interest Criterion 4014, facing the severe consequence of being unable to be granted a temporary visa to return to Australia for three years.

Emergency Rescue: Immediate Response, Rapid Deployment
We acted immediately on the same day the client sought help, submitting a Bridging Visa E application on an urgent basis.
Concurrently, we provided the client with comprehensive and in-depth mock telephone interview training to prepare them for the strict scrutiny from the Department of Home Affairs.

Key Turning Point: Buying Time, Gaining Ground
Following a telephone interview by the Department, the client answered fluently and successfully persuaded the Case Officer.
The client was successfully granted a BVE with study rights, valid until the end of Semester 1. This not only restored their legal status but also won crucial preparation time for the subsequent visa application.

Turning the Tide: Restructuring the Pathway, Successful Waiver
We promptly assisted the client in planning a new, suitable study pathway and secured a new Confirmation of Enrolment.
Building on this, we meticulously prepared a compelling submission letter, successfully applying for a new student visa and obtaining a waiver of the PIC 4014 three-year re-entry ban.

Successful Conclusion: New Student Visa Rapidly Approved
Through the efficient collaboration of our entire team, the 4014 waiver and the grant of the new student visa were achieved in just three weeks, with no further information requested.
This ultimately helped the client completely resolve the crisis, allowing them to safely return to the correct path of studying in Australia.

Let's understand PIC 4014, its restrictions, and impacts:

What is PIC 4014?

Public Interest Criterion 4014 is a restrictive condition applied to certain individuals who depart Australia. If affected, the applicant is generally unable to be granted a temporary visa to return to Australia for a period of three years from the date they left Australia.

Who does PIC 4014 apply to?

PIC 4014 applies to persons who departed Australia:

As an unlawful non-citizen; or

While holding one of the following Bridging Visas:

Bridging Visa C

Bridging Visa D

Bridging Visa E

What are the core impacts of PIC 4014?

Does Not Prevent Application: Affected individuals can still lodge visa applications.

But Restricts Grant: Their temporary visa applications generally cannot be granted within the three-year period after departure.

Possibility of Waiver: If applying during the three-year ban period, compelling circumstances must be demonstrated, such as:
(a) Compelling circumstances affecting Australia's interests; or
(b) Compassionate or compelling circumstances affecting the interests of an Australian citizen, permanent resident, or eligible New Zealand citizen.

Does Not Apply to Most Permanent Visas: The criterion generally does not apply to permanent visa applications, or temporary visas intended to lead to permanent residence.

How to avoid triggering PIC 4014?

Departing Australia in the following circumstances is not subject to PIC 4014:

Departing within 28 days after your substantive visa or entry permit expired.

Departing while holding a Bridging Visa C, D, or E that was granted within 28 days after your substantive visa expired.

Departing while holding a Bridging Visa C, D, or E that was granted based on holding another Bridging Visa C, D, or E which was itself granted within that initial 28-day period.

Important Exception
Holding a Bridging Visa A or B associated with a substantive visa application or judicial review application, and departing before that bridging visa expires, allows you to avoid the effects of PIC 4014.

NEWPOINT
Summary

The core of PIC 4014 is the imposition of a "three-year ban period," primarily targeting individuals who have previously been unlawful non-citizens or held specific bridging visas upon departure.

The key is to ensure correct action is taken within the 28-day "grace period" following the expiry of a substantive visa – such as applying for an eligible visa or departing Australia – to effectively avoid this criterion.

Your lawful immigration status is paramount. If you unfortunately overstay your visa, it is essential to seek professional assistance immediately.

Resolving the issue promptly and correctly is crucial for protecting your future visa applications and long-term plans.