Public Interest Criteria 4014
If you overstay in Australia for more than 28 days and then depart, a 3-year exclusion period will be triggered, restricting you from applying for most temporary visas.
About PIC 4014
Public Interest Criterion (PIC) 4014, under the Migration Regulations, is an important public interest requirement that primarily targets applicants who overstay in Australia without a valid visa. If an applicant remains unlawfully in Australia for more than 28 days after their visa has expired and then departs, they will trigger a three-year exclusion period, during which they are generally barred from applying for most temporary visas. Although this provision does not apply to all visa subclasses, its consequences can have a significant impact on future visa planning. Therefore, it is crucial for applicants to take lawful action before their visa expires to avoid triggering this restriction.
When PIC 4014 Is Triggered
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If the visa holder fails to depart within 28 days after visa expiry and continues to remain in Australia unlawfully.
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When staying unlawfully for a period of time before departing.
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When a new visa application or appeal fails and the person does not depart within the required timeframe.
PIC 4014
VS
PIC 4013
PIC 4013: Applies in situations of visa cancellation.
PIC 4014: Applies in situations of overstaying after visa expiry.
Both can lead to a 3-year exclusion period, but apply to different scenarios.
Who Is Restricted by PIC 4014
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Applicants who have overstayed unlawfully (blacklisted/overstayers) in Australia; or
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Applicants who depart while holding Bridging Visa C/D/E.
Exclusion Period
The exclusion period is 3 years starting from the date the applicant departs Australia.
Visas Not Affected by PIC 4014
PIC 4014 does not apply to applicants directly applying for Australian permanent residence visas (such as Subclass 186 Employer Nomination Scheme, Subclass 189 Skilled Independent, or Subclass 309 Partner visa). These types of permanent residence pathways are not impacted by PIC 4014.
Applicants Not Affected
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Those who depart Australia within 28 days after their substantive visa or other entry permit has expired.
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Applicants holding Bridging Visa C/D/E at the time of departure are not affected by PIC 4014 if:
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The Bridging Visa C/D/E was granted within 28 days of their substantive visa expiry; or
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They were holding another bridging visa at the time, and the original bridging visa was granted within 28 days of the substantive visa expiry.
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Definition of Unlawful Stay
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When a visa holder remains in Australia after their visa expires without actively applying for a new valid visa, this is considered unlawful stay.
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If a visa application is refused or an ART appeal is unsuccessful, the Department of Home Affairs (DoHA) will issue a notice, usually granting 28 days to take action (such as lodging a new visa, filing an appeal, or arranging departure). During this period, the stay is still lawful.
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The same applies if a visa is cancelled—taking positive steps within the 28-day period means the stay is considered lawful.
Exemption
An applicant may be granted exemption from PIC 4014 if there are compelling or compassionate reasons, or circumstances beyond their control:
Impact on Australia’s Overall Interests
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Failure to grant the visa would adversely affect Australia’s trade or commercial opportunities;
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Failure to grant the visa would damage Australia’s international relations;
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Failure to grant the visa would cause Australia to lose the applicant’s significant contributions in business, economy, culture, or other areas.
(Excludes situations where applicants only claim they would work, pay taxes, study, or spend money in Australia.)
Circumstances Beyond the Applicant’s Control
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Health issues;
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Unavoidable airline delays;
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Delays in issuing travel documents;
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Applicant was a minor when the visa expired and could not take responsibility for departure.
(Excludes cases where the applicant overstayed due to not knowing ETA conditions, not noticing visa expiry, or misunderstanding cruise travel rules.)
Last Substantive Visa as a Student Visa
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Clear evidence shows the applicant was a genuine student in Australia;
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No deliberate misuse or attempt to evade migration laws;
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Applicant intends to continue studying and can provide clear evidence and plans to support further study.
Impact on Australian Citizens or Permanent Residents
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An Australian citizen’s business would be forced to close due to the applicant’s unique skills being unavailable;
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A permanent resident’s civil litigation would be jeopardized without the applicant’s testimony;
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An eligible New Zealand citizen could not complete divorce proceedings without the applicant’s presence in Australia.
Compassionate Circumstances
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Australian family members would lose financial or emotional support;
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Australian families would be unable to arrange or attend a relative’s funeral;
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Australian parents would be separated from their children (e.g., a child forced to leave with the applicant parent).
Case Examples
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Student Visa Case: A student overstayed for 2 months, triggering PIC 4014. However, medical surgery prevented departure, and complete medical evidence was provided → exemption granted.
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Work Visa Case: A 457 visa holder overstayed due to misunderstanding, without sufficient justification → exemption refused, barred from applying for temporary visas for 3 years.
Frequently Asked Questions
Does PIC 4014 affect my ability to apply for a Partner visa in the future?
No, it does not affect visas that directly lead to permanent residency, such as the offshore Partner visa (subclass 309).
What happens if I leave on the 29th day after my visa expires?
Exceeding 28 days will trigger PIC 4014, even if you are just one day late.
Can I visit Australia on a tourist visa during the three-year exclusion period?
Generally no, as most temporary visas are restricted unless you prove compelling exemption grounds.
If I triggered PIC 4014 in the past, can I still apply for a Student visa now?
Yes, after the three-year ban ends, but case officers will closely assess the risk of you overstaying again.
What is the difference between PIC 4014 and PIC 4020?
PIC 4014 deals with unlawful overstaying, while PIC 4020 concerns false or misleading information. They are entirely different issues.
Does PIC 4014 apply to minors as well?
Minors are usually exempt if parents/guardians are responsible for their departure arrangements.
If I overstayed for several years, will I be banned for longer than 3 years?
The standard penalty is 3 years, but your record will seriously affect the credibility of future visa applications.
Can Ministerial Intervention help me avoid PIC 4014?
In theory yes, but it is extremely rare and usually only applies where there are strong compassionate or public interest grounds.
Note: This FAQ is general information only and not legal advice. Settings (e.g., eligibility tests, exemptions, and evidentiary rules) can change; always check the latest legislative instruments before applying.
