Take care in submitting your visa application

Apart from concerning yourself with whether you meet the relevant skills, language or other criteria necessary to be granted a particular Australian visa, you must also ensure you do not fall foul of the specific requirements known as Public Interest Criteria.

These criteria are meant to benefit Australian society if potential visa applicants meet them. For instance, it is in the public interest for applicant to be of good health, and of good character.

Beginning in 2011, the Department of Home Affairs introduced the “Integrity” Public Interest Criteria, known as the infamous PIC 4020. The scope of this integrity criteria was to target and prevent fraudulent visa applications that would undermine the system’s honesty and principles.

Over the years, more and more visa subclasses are affected by PIC 4020.

The following visa categories are subject to PIC 4020:

  • Skilled migration visas
  • Business visas
  • Temporary visas
  • Student visas
  • Family visas

PIC 4020 permits the refusal of a visa if an applicant provides a bogus document or information that is false, or misleading, in relation to their application, or if the case officer is not satisfied of an applicant’s identity.

Moreover, the case officer can refuse a visa based on past applications if they believe a bogus document or false, or misleading information was given, regardless of the outcome of those past applications. The criterion affects skills assessments, medical examinations and more.

 

What are the consequences of a PIC 4020 refusal?

If you fall foul of this criterion and your application is refused for bogus documents or misleading information, you face an exclusion period of three years. This means that you will be prevented from applying for another visa, whether temporary or permanent, for three years following the refusal.

If you fail to satisfy the case officer of your identity, the exclusion period is extended to ten years, without the option to apply for a waiver.

 

What is a bogus document or misleading information?

A document is considered ‘bogus’ when it purports to have been, but was not, issued in respect of the applicant. It is also considered a ‘bogus document’ if it is counterfeit, or was obtained because of a false, or misleading statement.

For example, if you are thinking of ways to get around the English language requirement by obtaining a fake English test certificate, issued in your name without sitting the test, think again. This could land you with a PIC 4020 refusal and render you unable to apply for another visa for three years.

False or misleading information is defined as, a wrong message given with the intent of obtaining a result that would not be otherwise obtained. For instance, if you do not declare that you have children, or a partner, or spouse overseas, this would be considered a breach of the integrity criterion.

 

What if you don’t directly provide false information, or documents to the Department?

It can be easier than you think to get yourself into a situation involving PIC 4020. Perhaps you did not directly provide false information, or documents to the Department, but it can still cause you problems.

Consider this, you have provided false evidence on work experience to your skills assessment body, so that you can pass the assessment criteria. Once you receive a positive assessment, you apply for a visa but do not give the Department the bogus work reference letters.

You hope the Department will not check on your work history, but the reality is, they often do. The Department contact your employer and they say you were working in some other occupation, not the one you claimed.

The Department will give you an opportunity to respond, and if you can satisfy that it was simply a small and genuine error, or provide further documentation to clear up the confusion, then PIC 4020 will become irrelevant. However, if you cannot satisfy the Department, then you will be hit with a PIC 4020 refusal.

Once you have this refusal, even if you can provide compelling, or compassionate circumstances and have the exclusion period waived, you will still carry PIC 4020 on your migration record in all future applications, even if the current application is approved. For those of you thinking you might be able to trick the Department, think again, the Department has already seen it all.

 

There is a simple way to avoid PIC 4020 – don’t lie! If something is a genuine mistake, you are likely to find your way out of it. If it isn’t, you’re likely in trouble for a long time to come. If you find yourself in a tangle with PIC 4020, it is important to seek the advice of an expert.

The team at Results Migration are experienced immigration lawyers and migration agents, and experts in the field. Give us a call on 1800 808 717 to book your free consultation today!