V 3.4 An application (except for an application for an extension of stay as a visitor) will be refused if the applicant has been convicted of a criminal offence for which they have been sentenced to a period of imprisonment of: A public order conviction with a sentence of more than 3 years. If a particular country requires a Visa for you to travel, you need to look at whether there are any questions about criminal convictions, or whether having a criminal record makes you ineligible to apply for a visa. The system will be managed by the eu-LISA agency, which will also manage the ETIAS system as well as other large-scale information systems in the area of freedom, security and justice. We do not deliver government-contracted services. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Which nationalities need to apply for ETIAS? The exchange of data is done through the exisiting European Criminal Records Information Sytem, or ECRIS. Besides contributing to criminal proceedings, ECRIS can be used for other authorized purposes such as clearing persons to work with minors or getting a license to handle fire-arms. We’re interested in everything you want to tell us, so that we can make this more helpful to others. Some countries, such as the United States, require travellers with criminal records to get a waiver, which is a matter of a fee and an application. When planning a trip, it is important to check with the embassy or consulate of the country you wish to visit. Firstly, some countries have entry restrictions. Criminal record checks for employment (basic, standard and enhanced DBS checks), Looking for (and keeping) employment and volunteering, Self-employment / Running your own business, Moving on: Criminal record checks for employment, Telling a partner, family member or friend about your criminal record, find out more about the impact of these changes will have on you. What are the ETIAS benefits to the European Union? Did it leave you with any other questions? Travelers with more serious offenses may face problems entering the Schengen Area ETIAS countries for short stays. If you have any questions about our information, please contact us. The UK considers a conviction ‘spent’ if more than 10 years have passed since the traveler last served jail time (sentences between 6 to 30 months). Thirdly, if you are currently serving a non-custodial sentence (e.g. Find out more. Click here to know more. According to Vĕra Jourová, "the new system will make it faster and easier for law enforcement authorities to spot third country nationals previously convicted in the EU." With the amount of people that go through customs every day, it would be impossible to check the criminal background of each traveller. This system will also help in the fight against crime and terrorism. There are four main ways that a criminal record may cause you difficulties when travelling abroad. ECRIS-TCN will have several features including: Additionally, further legislation proposed by the Commission is being negotiated and would make it possible to check the ECRIS-TCN database when an ETIAS visa waiver is requested through the ETIAS system, when evaluating visa applications through the Visa Information System (VIS), or when investigating identity fraud. Finally, those going to Europe with a criminal record should bear in mind that the final decision for entry often comes down to the individual discretion of the border control official, so it’s important to be polite and truthful when presenting your case. For example, Germany has much stricter rules than most of the other Schengen member states, as the county reserves the right to immediately deport anyone with: However, German border officials are more concerned with offenses commited within their own country rather than outside the EU, as is also the case in the United Kingdom. Firstly, some countries have entry restrictions. The ETIAS requirements will involve having an eligible passport valid for at least 6 months upon entry to the Schengen Area, and will also require applicants to answer a series of questions about security and health matters. For example, was the information what you expected? To receive these by email, sign up to our mailing list. However, the policy can vary between countries. It's designed to provide self-help information on a wide range of issues that criminal records can effect. This site is for people in England & Wales and it's managed by Unlock, an independent charity for people with convictions. Citizens coming from visa-free countries for a holiday in Europe will normally not be asked about a criminal record. We have more details of some of the more common countries we receive enquiries about here. However, the country you are entering will be able to use your information (name, passport number or finger prints) to pull up your criminal record through the CPIC system, if they choose to do so. Each country has different rules and policies about allowing entry to travellers with criminal records. Once the ETIAS authorization is implemented, travelers from previously visa-exempt countries will be required to complete an ETIAS application online for stays up to 90 days with a 180-day period of any of the 26 Schengen member states. There's also quick links, latest updates and a downloads section. The certificate details whether or not you have a criminal record in the United Kingdom and is required as part of the visa process by the respective high commission or embassy. A criminal record can limit the number of opportunities in life for a felon, and this is also often true when it comes to international travel. We regularly publish news and updates to this site. The disadvantages of a criminal background, Entry Requirements for Mexico With Criminal Records. Any offense related to human trafficking. Travelers going to Europe with a criminal record for a holiday are currently not asked about minor offenses, especially upon entry to any of the 26 countires in the Schengen passport-free zone. If you are on bail or facing charges, check with the proper authorities about your travel restrictions. Will you still need to disclose your criminal record? It may also include foreign criminal history information where it has been disclosed to the UK. Obtain a passport. From late 2022 onwards, travelers from previously visa-exempt countries coming to the Schengen Area will be required to pre-register an ETIAS visa waiver online for short stays. If you were pardoned in your country, this is not internationally recognised, so your criminal record in the system may not show the pardon. In the U.S., this good for five years, but validation varies by country. Unless otherwise specified, a criminal record does not prohibit you from travelling domestically, but can create problems when travelling internationally. Drug offenses with a sentence of more than 2 years. The Rehabilitation of Offenders Act1974 (ROA) allows most convictions to become ‘spent’ after a set period of time. Step 5 – Attend the interview. However, it’s important to tell the truth in the rare case you are asked about your background by a border official, as lying could only make the situation worse. (As a US citizen, you do not require a visit visa in advance; under the UK immigration rules you will apply for leave to enter by presenting your passport at the UK Border at the airport.) It's split into information sections. ETIAS stands for European Travel Information and Authorization System. If the imprisonment is considered ‘spent’ then the traveler does not even need to declare the conviction, and it cannot be used against them even if immigration officials are aware of the offense. Although the policy can differ between individual countries, in general, criminal conviction checks are not carried out at European borders for foreign travelers coming for short stays for tourism purposes. We do not recommend that travelers who have been arrested, even if the arrest did not result in a criminal conviction, have a criminal record, certain serious communicable illness, have been refused admission into, or have been deported from, the United States, or have previously overstayed under the terms of the Visa Waiver Program, attempt to travel visa free under the Visa Waiver Program. However, convictions leading to a sentence of more than four years’ imprisonment are not covered by the Act. Other countries have no restrictions to criminal records, while some deny entry to only those convicted of specific crimes, such as murder, or anything having to do with guns or drugs. Otherwise, it will be a case of making enquiries to the relevant country’s Embassy. Please email us your feedback to feedback.unlock@outlook.com or by clicking below - you can remain anonymous if you wish. If you break a law in country that you have entered illegally (even something as small as speeding), then you can be charged with illegal entry if you did not declare a previous criminal record at customs. In general, the policy for admission for travelers with a criminal record in Europe is far less strict than in North America. ECRIS will only enclose identity information such as fingerprints, and where available, facial images. If you want to be sure you will be granted entry into a foreign country or better yet, not deported once you get there, … It all depends on the country in question. The UK considers a conviction ‘spent’ if more than 10 years have passed since the traveler last served jail time (sentences between 6 to 30 months). However, the UK also employs the concept of ‘spent’ convictions, which can allow travelers with a criminal record to enter the country if they are considered rehabilitated. If you can't find the answer to your question on here; Unlock is the only charity in England & Wales dedicated to supporting law-abiding people with convictions. If you are travelling to a particular country, you can search their entry requirements, and most will have links to their respective Embassy.