What Is PIC 4020 and How Does It Affect a Partner Visa?

What counts as false or misleading information under PIC 4020?

False or misleading information under PIC 4020 is information that is incorrect in a material particular, meaning it is relevant to the decision, given to the Department, the Tribunal or another relevant body. Typical examples in partner visa cases include an undeclared previous relationship or child, an undisclosed visa refusal or criminal charge, false employment documents and incorrect travel history. Information given by an agent or another person on the applicant's behalf can also count. Our article on partner visa false information refusals explains how these cases arise.

Does an honest mistake breach PIC 4020?

An honest mistake does not automatically breach PIC 4020. Departmental policy treats a genuine error differently from deliberate falsity, although where the line falls depends on the facts and on the evidence that explains how the error happened. The safest course is to correct any mistake as soon as it is found, using the correct Department form, before the Department raises it. Our article on partner visa conflicting statements shows how inconsistencies can be explained.

Can earlier visa applications cause a PIC 4020 problem?

Earlier visa applications can cause a PIC 4020 problem where they contain information that conflicts with the partner visa, such as a visitor visa that described the applicant as single when the relationship had already begun. The Department compares the partner visa against the applicant's whole immigration record. Our article on partner visa undeclared relationships explains how these conflicts are handled.

Can PIC 4020 be waived for a partner visa?

PIC 4020 can be waived for a partner visa where compelling circumstances affect the interests of Australia, or compassionate or compelling circumstances affect an Australian citizen, Australian permanent resident or eligible New Zealand citizen, such as the sponsor or an Australian child. The decision maker must consider a waiver even if the applicant does not ask for one, but a well-prepared submission is far more effective. The identity requirements in PIC 4020 cannot be waived. Our article on PIC 4020 for partner visas explains the waiver factors.

What happens if a partner visa is refused under PIC 4020?

A partner visa refused under PIC 4020 can usually be reviewed by the Administrative Review Tribunal, which can find that the information was not false or misleading or that a waiver should apply. The time limit for review is short and strictly applied. Because a PIC 4020 refusal can affect future visa applications, review is often more important than in other refusals. Our guide to the partner visa refusal letter explains how to read the reasons.

How does My Migration Lawyers handle PIC 4020 concerns on a partner visa?

My Migration Lawyers handles PIC 4020 concerns by first obtaining the Department's record, so the firm can see exactly what was said in each earlier application and how it differs from the partner visa. The firm then prepares a response that addresses whether the information was false in a material particular, explains how any error happened, and puts the case for a waiver based on the sponsor and any Australian children. Where a refusal has issued, the firm prepares the review through its partner visa refusals practice, and couples can meet our partner visa lawyers by video.