PIC 4020 10 year change – It’s been revoked
The parliamentary term is “disallowed”. This was a change to the Migration Regulations done by the DIBP themselves, and it didn’t need to go through parliament. But Senators are allowed to move motions to change actions like this, and in this case they did. It was moved by Greens Senator Nick McKim, and obviously enough good Senators followed their consciences and voted to support the motion.
What it means is that PIC 4020 will still exist, but will go back to how it was before the November 2017 changes.
What is PIC 4020?
PIC 4020 is Public Interest Criteria, or Regulation 4020 of the Migration Regulations (Cth) 1994.
It means that visa applications containing:
- False statements (which includes omissions of important information)
- Bogus documents (which includes documents with false information or significant errors)
May lead to a 3 year ban from making further visa applications if these are deemed to be material particular to the case, which means likely to affect the outcome whether intended or not.
The Department will also look at applications made and granted over the last 12 months, and if they find false statements and/or bogus documents exist in these visa applications, the Regulation and ban will also apply.
What happened in November 2017 to PIC 4020?
- The 3 year ban was increased to 10 years
- The retrospective examination went back 10 years
- It didn’t matter whether the application was not granted or if it was withdrawn. All were caught in the net.
What happened to 4020 in the Senate today?
The changes are gone. It’s back to what it was. Firm but fair!
So still watch out. You are still just as obliged to be scrupulously honest in your visa applications. Don’t try to lie, cheat or scam. You will get caught, and you will pay a harsh penalty!
Australian Partner Visas and New Families (ie babies arriving soon)
Down Under Visa – 2024 Christmas Vacation Dates
Registered Relationship Certificate. Is it enough for a Partner Visa?
Ladies from Thailand, Vietnam or Cambodia. Who makes the best wives?
Offshore Partner Visas and Prospective Marriage Visas
My Philippino girlfriend has a 9 year old son dose here come with her if I get her to come out to Australia on a partner Visa
If you apply for him to be included in a partner visa application, then yes he can. Need to make sure no one else with legal custody doesn’t want him to go though.
Commonsense has prevailed..!!!!
Yep! A bit of compassion too. Can you imagine? Marry a lady, and possibly start making babies, then next thing you know because of some stupid mistake by a well-meaning relative and you’re apart for 10 years! Get less for armed robbery!
This about the 7th website I have come to on this PIC 4020 issue. I have realised contradictory information throughout. I am still unclear please can anyone help me understand this:
if the application is withdrawn before the 28 days, what happens to the PIC 4020 notice? Is the ban still implemented?
Can the applicant reapply after withdrawal if no ban will be imposed? Or does the PIC 4020 still linger waiting for the next application to be lodged?
Also if it is possible to reapply will the applicant have to comment on the withdrawn application and why it was withdrawn?
Please, advice my student visa has been affected.
Q. This about the 7th website I have come to on this PIC 4020 issue. I have realised contradictory information throughout.
A. You shouldn’t be relying on information on BLOG sites to solve your problems. You should get a professional to help. Articles such as mine are not meant to take the place of professional management.
Q. I am still unclear please can anyone help me understand this: if the application is withdrawn before the 28 days, what happens to the PIC 4020 notice? Is the ban still implemented?
A. As long as you withdraw the application within whatever deadline they give you, the ban is NOT imposed.
Q. Can the applicant reapply after withdrawal if no ban will be imposed? Or does the PIC 4020 still linger waiting for the next application to be lodged?
A. Yes, you may re-apply.
Q. Also if it is possible to reapply will the applicant have to comment on the withdrawn application and why it was withdrawn?
A. I’ve never heard of them needing to reply later, so I will say “Unlikely”.
Please, advice my student visa has been affected.