Passport now expired

[ShaunR6883]

Hi guys

Just wondering if anyone can help?

When I submitted our 186 visa application my sons passport had 8 months remaining, in the terms it said it had to have atleast 6 months.

His passport has now expired and I'm wondering if this will cause any problems with the visa decision. 

What I mean is does the passport need to be valid get the visa?

We are currently on 457 visas and we have been here almost 3 years. Our application for 186 is still in recieved status and we haven't had a nomination decision yet either.

Any help would be much appreciated. 

Regards 

Shaun 

[barker]

You must have a valid passport to be granted the visa, unless it would be unreasonable to expect you to get one. This is a rare exception. 

Renew the passport and it’s Not a problem. Log in to your immiaccount , go into the account and you’ll see a button that says update us.

 

more details here:

https://www.border.gov.au/Lega/Lega/Form/Immi-FAQs/how-can-i-update-my-address-or-passport-details

 

Edited November 18, 2017 by barker

[ShaunR6883]

Ok I'll get right on with the renewal. 

Thanks very much for your help

Regards

Shaun

[barker]

If anyone is actually interested, this is PIC 4021 which is the requirement I mentioned earlier. 

 

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Public interest criteria (PICs) in Regulations Schedule 4 are 'time of decision' criteria that variously apply to nearly all Schedule 2 visa subclasses.

PIC 4021 - "the passport requirement" - is intended to prevent the grant of certain visas to applicants who do not hold a valid passport.

The passport requirement upholds the integrity of Australia's visa programs by preventing the acceptance and endorsement of passports that:

• pose an unacceptably high risk of being fraudulent, counterfeit or falsified or
• pose an unacceptably high risk of being issued to persons who are not residents or nationals of the issuing State (for example, investor passports) or
• do not allow for adequate verification of identity (for example, due to damage, group passports) or
• are issued by entities that are not official sources or
• were issued by governments, States or countries that no longer exist or
• have been declared invalid by the issuing authority or the subsequent government or
• in the case of permanent visas, are endorsed by the issuing authority that it is not valid for migration or
• in the case of temporary visas, do not contain a right of re-entry to the country of origin or a third country or
• do not allow for international travel (for example, identity documents that are not travel documents).

The passport requirement also supports Australian Government foreign policy by preventing acceptance and endorsement of passports that would indicate recognition of an issuing authority, contrary to foreign policy - for example, diplomatic and official passports issued by Taiwan or passports issued by Turkey that endorse the "Turkish Republic of North Cyprus".

For the purpose of PIC 4021, 'passport' has the meaning defined in s5(1) of the Act:

[passport]...includes a document of identity issued from official sources, whether in or outside Australia, and having the characteristics of a passport, but does not include a document, which may be a document called or purporting to be a passport, that the regulations declare is not to be taken to be a passport'.

It is essential that the passport requirement be assessed for all relevant visas as a 'valid passport':

• enabling verification of the visa applicant's identity
• facilitating the person's travel to and from Australia and
• allowing for re-entry into their country of origin or a third country and
• not be a document listed in the legislative instrument made under PIC 4021(a)(iii).

Officers are to ensure that passport details are correctly captured by the department's systems before travel.

47      Who PIC 4021 applies to

PIC 4021 applies to all visa applications made on or after 24 November 2012, other than for:

• Refugee and Humanitarian visas
• Protection, Temporary Safe Haven and Territorial Asylum visas
• Border visas
• Witness Protection visas
• Enforcement visas
• Bridging visas (except for the WB-020 Bridging B visa, to which PIC 4021 does apply)
• special purpose visas
• visas with specified eligible passports (for example, ETAs and SCVs).

For most visas, PIC 4021 must be satisfied by all applicants, whether applying as a primary applicant or a secondary applicant.

PIC 4021 is not a "one fails, all fail" criterion. If a member of the family unit fails to satisfy this PIC, the primary applicant can still satisfy criteria for visa grant provided they hold a valid passport.