What Re-entry Bans Are and How They Arise
Re-entry bans — formally called exclusion periods — prevent a person from being granted an Australian visa for a defined period after a migration compliance failure. The two main exclusion criteria in the Migration Regulations 1994 that affect returning former residents or overstayers are PIC 4013 and PIC 4014.
Both PIC 4013 and PIC 4014 impose a 3-year exclusion period. The exclusion means that the person cannot be granted a visa — for any purpose — unless the exclusion has expired or has been waived. Understanding which criterion applies, when the exclusion period started, and whether a waiver is available is the first step in assessing options for return.
PIC 4013 and PIC 4014 Explained
The 28-day Departure Window Under PIC 4014
PIC 4014 does not apply to a person who was unlawful for fewer than 28 days before departing Australia. This means that if your visa expires and you depart Australia within 28 days of expiry, you generally will not be subject to the 3-year exclusion — though you will still have a period of being unlawful on your immigration record.
| Scenario | PIC 4014 ban? | Notes |
|---|---|---|
| Visa expired — departed within 28 days of expiry | No (generally) | PIC 4014 does not apply. Period of being unlawful is still on record. |
| Visa expired — departed after more than 28 days unlawful | Yes — 3 years from departure | 3-year exclusion runs from date of departure. |
| Bridging visa expired — departed after more than 28 days unlawful | Yes — 3 years from departure | Same rule applies. Bridging visa expiry is the reference date. |
| Left Australia on a valid Bridging Visa B (BVB) | No | Had a lawful status at time of departure. No unlawful status triggered. |
Section 501 Character Exclusions
Section 501 of the Migration Act gives the Minister and delegates a power to refuse or cancel a visa on character grounds — for example, where a person has a substantial criminal record, is associated with a criminal group, or poses a risk to the Australian community. Section 501 exclusions are significantly different from PIC 4013/4014 exclusions.
When a PIC 4013 or 4014 Ban Can Be Waived
A waiver of PIC 4013 or 4014 is available for defined visa classes where there are compelling circumstances affecting an Australian citizen or permanent resident. The waiver does not apply to all visa types — it is most commonly relevant to partner visas and some family visas.
Planning a Lawful Return to Australia
Confirm whether PIC 4013 or PIC 4014 applies to your situation and when the 3-year period started. If in doubt, seek a records check through the Department or an FOI request.
Calculate the end date of the 3-year exclusion. Once the exclusion period has expired, you may apply for a visa without the PIC 4013/4014 impediment — but other adverse history factors remain relevant.
If the visa you want to apply for uses PIC 4013 or 4014 and a waiver provision is available, assess whether compelling circumstances affecting an Australian citizen or PR can be demonstrated. Seek advice before lodging.
Even after the exclusion period expires or a waiver is obtained, the prior period of unlawful stay and any cancellation remain relevant immigration history factors. A thorough application that addresses these matters honestly is more likely to succeed than one that does not acknowledge them.
Re-entry Ban Questions Answered
This information is general in nature and does not constitute immigration assistance or legal advice for any individual situation. Requirements including occupation lists, fees and processing criteria change without notice.
Nanak Migration Group Pty Ltd makes no representation that information on this site is complete, current or applicable to your circumstances. Nothing here guarantees, implies or represents any visa outcome, approval likelihood or processing time.
Obtain advice tailored to your situation from a registered migration agent or Australian legal practitioner. Navpreet Aulakh, MARN 2619467, is registered with the Office of the Migration Agents Registration Authority.
Information current as at August 2026. Verify all requirements with the Department of Home Affairs (immi.homeaffairs.gov.au) before lodging any application.