Can a Lawyer Help With a Partner Visa PIC 4020 Issue?

What is a PIC 4020 issue on a partner visa?

A PIC 4020 issue on a partner visa arises when the Department believes the applicant gave a bogus document or false or misleading information that is relevant to the application, either in the application itself or in the 12 months before it. Information in earlier visa applications, such as a statement that the applicant was single, is a common source of these issues. Our article on the partner visa PIC 4020 explains the criterion in detail.

What happens if PIC 4020 is not met?

If PIC 4020 is not met, the partner visa must be refused unless a waiver applies, and the refusal can also prevent the grant of many other visas for three years. This makes PIC 4020 one of the most damaging findings an applicant can face. Our article on false information refusals explains the exclusion period and its effect on future plans.

How should I respond to a PIC 4020 natural justice letter?

The response to a PIC 4020 natural justice letter should address the specific information the Department relies on, explain how the inconsistency arose, and provide documents that prove the explanation. Where the information was in fact true, or was not false or misleading in a material particular, the response should show that clearly. Where a waiver is sought, it should be argued on the evidence. Our article on the partner visa section 57 adverse information letter explains the process.

Is an honest mistake treated the same as deliberate false information?

An honest mistake is not automatically treated the same as deliberate false information, but applicants should not assume that saying it was a mistake is enough. The question is whether the information was false or misleading in a material particular, and the explanation must be credible and supported by evidence of what actually happened. Our article on partner visa conflicting statements explains how inconsistencies are assessed.

Can a PIC 4020 waiver be granted for a partner visa?

A PIC 4020 waiver can be granted in some circumstances, where there are compelling circumstances affecting the interests of Australia, or compassionate or compelling circumstances affecting the interests of an Australian citizen, permanent resident or eligible New Zealand citizen. For partner visas, the Australian sponsor's interests and those of any Australian children are often central. The waiver is not available for every part of PIC 4020, so the legal basis must be identified first. Our article on partner visa false documents covers related issues.

How does My Migration Lawyers respond to a PIC 4020 issue?

My Migration Lawyers obtains the earlier applications through a freedom of information request where needed, so the response is based on exactly what was said and when. The firm then prepares a response that deals with each piece of adverse information, gathers evidence to explain how it arose, and makes the case for a waiver where one is available. Applicants can send the letter and the deadline to our partner visa lawyers, and read about the firm's refusal work.