When applying for an Australian visa, most visa subclasses will require an applicant to hold a valid passport to be issued a visa grant. This requirement comes from Public Interest Criterion (PIC) 4021.
In this article, we explain the requirements of PIC 4021, when it applies, and what options are available if you do not have a valid passport.
What is PIC 4021?
PIC 4021 requires an applicant to:
- hold a valid passport that:
- was issued to the applicant by an official source; and
- is in the form issued by the official source; and
- is not in a class of passports specified by the Minister in an instrument in writing for this clause; OR
- demonstrate it would be unreasonable to require the applicant to hold a passport.
This means that, in most cases, a valid passport is essential unless the applicant can demonstrate it is unreasonable for them to hold a passport.
Which visas does PIC 4021 apply to?
The majority of Australian visas require applicants to meet PIC 4021 (that is, to have a valid passport or it be unreasonable for the applicant to hold a passport). This includes employer-sponsored visas, general skilled migration visas, talent visas, and family visas.
There are a few visa subclasses that do not require applicants to meet PIC 4021, such as humanitarian and protection visas. In these cases, applicants still need to satisfy identity requirements with other documentation.
Why is a valid passport important?
A passport is the primary document used to:
- confirm identity and nationality;
- facilitate travel to and from Australia;
- enable visa grant and travel conditions.
Without a valid passport, the Department of Home Affairs may be unable to finalise your visa application and refuse the application.
What is considered a “valid passport”?
Under PIC 4021, a valid passport must:
- be issued by a recognised government authority;
- be genuine and unaltered;
- be in the correct format issued by that authority;
- not fall within any restricted categories specified by the Minister
If there are concerns about the authenticity or validity of your passport, this may delay or affect your visa outcome.
When might it be “unreasonable” to require a passport?
PIC 4021 recognises that there are situations where obtaining a passport is not possible.
Examples may include:
- an applicant is stateless;
- an applicant cannot obtain a passport due to political or safety risks;
- the applicants home country refuses to issue the passport;
- there are compelling humanitarian circumstances;
In these cases, the Department of Home Affairs may consider whether it is unreasonable to require a passport.
What happens if you do not meet PIC 4021?
If the visa requires applicants to meet PIC 4021, and the applicant:
- does not hold a valid passport; and
- cannot demonstrate that it is unreasonable to hold a valid passport or the Department of Home Affairs is not satisfied it is unreasonable for the applicant to hold a valid passport
then the applicant cannot be approved and will result in a visa refusal.
What can you do if you don’t have a passport?
If you are unable to obtain a passport, you should:
- explain why you cannot obtain a passport and include supporting documentation;
- highlight why it is unreasonable for you to hold a valid passport, including safety concerns, legal barriers, or humanitarian factors;
- show attempts to obtain a passport;
- provide evidence of applications, refusals, or correspondence with authorities;
- seek professional advice.
Practical tips for visa applicants
To avoid issues with PIC 4021:
- ensure your passport is valid at the time of decision;
- renew your passport early if it is due to expire;
- check that your personal details are consistent across documents;
- raise any passport issues early in your application.
Do you require further assistance?
If you require assistance with PIC 4021, or have any other immigration related queries, get in touch with our experienced team. Contact us by email at [email protected] or by phone at +61 3 9016 0484.
You can learn more about our services on our homepage. If you would like tailored advice, please contact us or book an initial consultation.
You can also subscribe to our Australian immigration newsletter to stay up to date with the latest immigration news.
