Last Updated on August 23, 2025 by Ozlinks Education

What are 3 year exclusion periods?

Are you aware that specific circumstances may lead to a 3-year exclusion period, commonly known as a re-entry ban? This ban prohibits the issuance of certain Australian visas for up to three years following a significant immigration breach of a condition of your visa.

A re-entry ban means that a person may not be granted further visas to return to Australia for an exclusion period. While this ban can last for up to three years, some individuals may face permanent exclusion. During this period, the individual is not permitted to enter or remain in Australia.

You could face a 3-year ban on your Australian visa if you breach any of the following conditions.

  • Your visa expired, and you overstayed your visa by more than 28 days, or
  • Your visa has been cancelled because you provided false documents or false information to the Department, or
  • Your student visa has been cancelled due to a breach of conditions related to attendance or satisfactory academic performance, or
  • Your visa has been cancelled due to a breach of visa conditions, as you worked in Australia while your visa does not permit work, or
  • You are convicted of an offence against a law in Australia, or
  • You have failed the character test, or
  • You are a risk to the health, safety or good order of the Australian community

If you are impacted by any of the risk factors mentioned above, you will face a three-year ban on your Australian visa, unless the Department provides a waiver to allow you to obtain the visa during this period.

How does the 3-year exclusion period work?

Exclusion periods are outlined in the Public Interest Criteria, specifically Criteria PIC 4013 and 4014. The duration of these exclusion periods for re-entry or remaining in Australia will depend on the specific PIC relevant to your situation. If a non-citizen has had their visa cancelled while in Australia, they will incur a 3-year ban on applying for a new visa, commencing from the date of their last visa cancellation.

This ban may be lifted if you can demonstrate compassionate or compelling circumstances affecting an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen, subject to the Australian Department’s agreement to grant a visa based on these circumstances.

A three-year ban on obtaining an Australian visa may be imposed, or you could face permanent exclusion.

Does the 3-year exclusion period apply to every type of visa?

No, the 3-year exclusion period, re-entry bans primarily apply to temporary visa applications. However, these restrictions do not prevent you from applying for a permanent residency visa, as demonstrated in the following example.

See Section 48 Bar

Public Interest Criteria 4013: Risk factor

The risk factor associated with Public Interest Criteria 4013 applies to you if your previous visa has been cancelled. This means you cannot be granted another visa until three years have elapsed since the cancellation. Essentially, you face a three-year ban on obtaining an Australian visa. It is important to note that this three-year exclusion period mainly impacts temporary visa applications. However, these restrictions do not prevent you from applying for a permanent residency visa, as illustrated in the following example.

Example: PIC 4013 Risk factors NO affected

An international student breaches visa condition “8202” by failing to meet the academic requirements of the student subclass 500 visa, resulting in the cancellation of that visa. They subsequently apply for an Employer Nomination Scheme subclass 186 visa. The cancellation of the previous subclass 500 visa is not relevant, as Public Interest Criteria (PIC) 4013 does not apply to a subclass 186 visa. Therefore, a person can apply for this visa and obtain the subclass 186 visa if they meet all other requirements.

Example: PIC 4013 Risk factors affected

An international student breaches visa condition “8202” by failing to meet the academic requirements of the student subclass 500 visa, leading to the cancellation of that visa. They subsequently apply for a Training Subclass 407 Visa. The cancellation of the previous subclass 500 visa is significant effected, as Public Interest Criteria (PIC) 4013 applies to the Training Subclass 407 Visa. As a result, they will not satisfy the criteria for granting a visa during the three-year exclusion period.

Public Interest Criteria 4014: Risk factor

The risk factor associated with Public Interest Criteria 4014 is that a non-citizen has their visa cancelled and they leave Australia as an unlawful non-citizen or are removed from Australia or are the holder of a Bridging C, D, or E visa after their last substantive visa expired. The re-entry ban is in effect if the individual seeks to apply for a new visa within the three-year period counting from the day you left Australia.

Example: PIC 4014 Risk factors NO affected

A person breaches the “no work” condition 8101 on their visitor visa subclass 600, resulting in the cancellation of that visa. They then depart Australia on a bridging visa. One year later, they apply for an Employer Nomination Scheme subclass 186 visa. The cancellation of the previous subclass 600 visa is not applicable to their case, as the three-year exclusion period associated with the PIC 4014 risk factor does not apply to the grant of the subclass 186 visa. Therefore, an individual can still be granted the subclass 186 visa during the exclusion period, provided they meet all other requirements.

Example: PIC 4014 Risk factors affected

A person breaches the “no work” condition 8101 on their visitor visa subclass 600, resulting in the cancellation of that visa. They then depart Australia on a bridging visa. One year later, they apply for a Training Subclass 407 Visa. The cancellation of the previous subclass 600 visa is significant effected, as Public Interest Criteria (PIC) 4014 applies to the Training Subclass 407 Visa. As a result, they will not satisfy the criteria for granting a visa during the three-year exclusion period.

How can I avoid the visa cancellation in Australia?

To avoid the cancellation of your Australian visa, it is essential to strictly follow your visa conditions and maintaining good character and take steps to provide accurate and truthful information in all your communications and inform the Department of Home Affairs of any changes to your personal circumstances.

If you receive a Notice of Intention to Consider Cancellation, it is crucial to seek professional migration advice from a Registered Migration Agent (RMA) as soon as possible. This will help you understand your options and respond appropriately. Here is a list of actions you should avoid:

  • Always comply with your visa conditions
  • Leave Australia before your visa expires
  • maintain a valid visa while in Australia
  • Always comply with Australian laws
  • Provide truthful information

What should I do if my visa has been cancelled?

The issue of visa cancellation can be quite complex. It is crucial to seek legal advice from a Registered Migration Agent (RMA) to fully understand your options and the potential pathways available as you move forward. Navigating the appeals process can be daunting, so receiving guidance from a registered migration agent can significantly enhance your chances for a favorable outcome.

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Can 3-year exclusion period be removed?

The 3-year exclusion period cannot be removed. However, it may be waived when applying for a specific visa if you can demonstrate compassionate or compelling circumstances that affect an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. This is subject to the approval of the Australian Department to grant a visa under these circumstances.

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Disclaimer: 

Information under ANZSCO Occupations (Australian and New Zealand Standard Classification of Occupations) section is published in accordance with a Creative Commons Attribution 2.5 Australia licence guideline. ANZSCO Version 1.3 updated on 25 March 2021 and original source can be accessed on Australian Bureau of Statistics website.

This section does not intend to provide immigration assistance pursuant to section 276 of Migration Act (Cth) 1994 as described in the Migration laws. It is based on public guidelines available at Department of Home Affairs’ Website. It is your responsibility to verify accuracy and status of provided information with your Registered Migration Agent (RMA) who is bound by the MARA code of conduct before submitting any visa applications.