Applying for ETIAS with a Criminal Record in the UK
By support@click2visas.com
3 years
Following several delays, the new European Travel Information and Authorization System (ETIAS) is now expected to launch in Jan 2022, with full implementation by the end of 2022. ETIAS is not a European Visa but rather an authorization to travel to and within Europe that is electronically linked to a passport.
It is being implemented to increase security and safety throughout the 26 European Schengen Area nations. Without an ETIAS-approved passport, “third-country nationals” (citizens of countries exempted from visas to Europe) will be unable to enter the European arena, as such approval will become mandatory soon.
Entry restrictions for criminal offenders are stringent in countries such as Canada and the US, the rules in most European countries are far laxer.
Travelers with a criminal history may be concerned that their prior conviction will be used against them, and it will prevent them from obtaining the necessary documentation to enter Europe. Travelers who have broken the law should not be discouraged from applying for ETIAS; electronic authorization will be granted in many cases.
Is it possible for a traveler with a criminal record to apply for ETIAS?
Yes. However, based on the severity of the crimes, a criminal record may significantly reduce an applicant’s chances of obtaining an ETIAS or even result in refusal. ETIAS approval must be obtained either online or through a dedicated mobile app.
The procedure entails completing a detailed questionnaire and providing basic information such as the applicant’s name, address, date of birth, gender, nationality, etc. However, an ETIAS application form also requests information about a person’s current health, existing medical conditions, and previous criminal record or convictions.
While ETIAS remains strict, it strives to be more lenient toward applicants who have broken the law. Based on the gravity and nature of the crime committed and the amount of time elapsed since conviction, applicants may be able to obtain an ETIAS. However, additional steps and procedures may be required.
Both the United States and Canada have electronic pre-approval systems for visitors entering their respective countries. The eTA (Electronic Travel Authorization) system in Canada and the ESTA (Electronic System for Travel Authorization) system in the United States has stringent policies regarding an applicant’s criminal history. Convictions for serious crimes will almost meet with a refusal, and even minor criminal convictions as far back as fifty years before the application can cause problems.
What European countries am I allowed to visit if I have a criminal record?
Although most EU countries will not refuse entry based on prior criminal convictions, some have stricter policies than others.
For example, have you heard about ‘spent convictions the UK?’ The concept of “spent” convictions is permitted in the United Kingdom, which means that any conviction with a prison term of 6 to 30 months served more than ten years ago does not need to be declared.
Like the UK, Germany has its own set of rules regarding criminal records:
- Those who have been convicted of a public order violation with a prison sentence of more than three years.
- A drug-related crime with a prison sentence of more than two years.
- Any human trafficking.
These offenses will be denied entry. Lying to a border official is also grounds for immediate rejection. However, like many other EU member states, German officials will be more concerned with crimes committed within their borders or in other EU countries.
How do European countries know if someone has a criminal record?
While European countries are generally unconcerned about minor offenses committed outside of EU borders, crimes committed within the EU are different. All EU countries have been linked to ECRIS, the European Criminal Records Information System, since 2012.
This shared database was established to improve the exchange of information about criminal convictions throughout the European Union. It not only gives local security forces easy access to the entire record of any previous convictions throughout the EU, but it also eliminates the possibility of avoiding convictions by relocating to another EU country. So, it is imperative that any EU criminal record attached to the traveler’s passport be disclosed.
ECRIS is currently used around 3 million times per year to exchange information about previous criminal convictions. When a criminal record is requested, it is shared in approximately 30% of the cases. These requests are typically made during criminal proceedings or when someone applies for a permit, such as a firearms license or to work with children.
How ETIAS will Validate the Information in ECRIS:
European Criminal Records Information System (ECRIS) was created to facilitate the exchange of criminal record information about non-EU citizens who have been convicted of a crime.
The data is automatically processed upon submission of the ETIAS application form. If no matches are found in the system, the approved document will be emailed to the passport holder within minutes.
Travelers who have previously been prosecuted for breaking the law are likely to be identified by ECRIS. As a result of this hit, the application will be manually evaluated.
Decisions on whether to grant the ETIAS are made on a case-by-case basis. Because ETIAS is in place to prevent terrorism and serious crime in Europe, only individuals deemed a threat will have their application denied.The officials are likely to grant access to individuals who do not pose a threat to public safety.
Other Security Databases that are used to Validate ETIAS Applications:
In addition, with ECRIS, the ETIAS will cross-reference traveler information with several international security databases. The systems involved in passenger pre-screening are as follows:
- EU’s asylum fingerprint database – EURODAC
- European Union’s law enforcement agency – EUROPOL
- The International Criminal Police Organization – INTERPOL
- Schengen Information System – SIS
- Visa Information System – VIS
An automated process will cross-check the data provided on the ETIAS request form and passport information against all of these systems, creating a complete profile of the applicant.
Passport data will be checked against the Stolen and Lost Travel Documents database to ensure that the passport used to make the application has not been reported lost or stolen.
Having the ETIAS does not guarantee entry into Europe:
It should be noted that different EU countries have different rules about who can and cannot enter their territory. Even if an applicant with an offense record successfully applies for and receives ETIAS approval, this does not guarantee automatic admission to all European Union or Schengen Area countries. Even with an ETIAS-approved passport, traveling to and within Europe may be difficult if the passport holder has been imprisoned for more than three years.
Individual countries also have their assessment system, which may result in entry refusal. Italy, for example, reserves the right to deny entry or deport any visitor who:
- Had a three-year or longer sentence for public order offenses
- A conviction for drug-related offenses with a sentence of two years or more
- Guilty of human trafficking or related crimes
In general, visitors to Europe who have obtained the necessary ETIAS approval will not be questioned by border officials about minor offenses, but this can happen. It is always preferable to answer such questions truthfully because any information supplied can be quickly checked against the ETIAS security database.
What questions about criminal records are asked on the ETIAS Application Form?
Although the implementation of ETIAS is rapidly approaching, the application process is still being fine-tuned. The online application form will request basic information such as name, address, age, gender, etc. Still, it will then delve into more personal details such as an applicant’s health status and any criminal history.
The application form’s depth has yet to be determined. Still, it will almost certainly include previous convictions, fines for more serious offenses, and any period (or periods) of time spent in prison.
On the ETIAS form, applicants must answer a series of security questions. Answering such questions must be truthful. Informing authorities of any serious criminal offenses in a conviction in the previous ten years is a must. These are some examples:
- Terrorism is a type of terrorism (any conviction in the last 20 years)
- Child sexual exploitation
- Human smuggling
- Trafficking in drugs
- Murders
- Rape
These serious offenses may result in denial of access to Europe.
What is the conclusion? Can I apply for ETIAS with a criminal record?
Yes, you can apply for ETIAS with a criminal record. If there is a minor conviction there are possibilities to approve the ETIAS. Each case is reviewed individually. Other crimes that are not considered serious are unlikely to result in the denial of the ETIAS.
ETIAS is intended to improve security across Europe; the application form will look for criminal activity and possible links to terrorism. As a result, information about an applicant’s travel to areas of war or conflict areas will be known. The involvement with terrorist groups or activity, will be sought out clearly.
After 2022, UK citizens with a criminal record can enter Europe. Given that ETIAS was created to help reduce the threat of terrorism across the continent. However those guilty of serious threat will not be let in.
Where can I get more information if I have more doubts or unanswered questions?
If you require any additional information, please contact us via chat, and we will gladly assist you. Furthermore, you can find detailed information about all countries’ visa and US passport requirements on our website.
