Going to Europe with a Criminal Record: Requirements and How to Apply

A felon’s life chances might be limited by a criminal record, and this is especially true when it comes to overseas travel. Countries with rigorous regulations, such as the United States and Canada, might refuse entrance even if they have a minor criminal history dating back 50 years.

Despite the fact that most other nations have severe no-admission rules for foreign tourists with violent or major convictions, many countries will nonetheless allow travellers with minor criminal histories to enter, especially if a sufficient period of time has passed. In general, entry policies for travellers with a criminal past in Europe are significantly less stringent than in North America.

REQUIREMENTS FOR GOING TO EUROPE WITH A CRIMINAL RECORD

Although policies vary by country, in general, criminal conviction checks are not performed at European borders for foreign visitors arriving for short visits for tourism purposes. Citizens from visa-free nations who visit Europe for a vacation are usually not questioned about their criminal history.

However, it is critical to tell the truth if a border official questions you about your background, as lying will only make the situation worse.

From November 2023, visitors to the Schengen Area from previously visa-exempt countries will be required to pre-register for an ETIAS visa waiver online for short stays. The application process for this electronic travel authorization will include security checks to identify any potential threats to Europe’s public safety.

EUROPEAN CRIMINAL RECORDS INFORMATION SYSTEM ON CONVICTED THIRD COUNTRY NATIONALS

The European Commission gave its final approval on April 9th, 2019, to a proposal to establish a European Criminal Records Information System for convicted third-country nationals. The central system’s purpose is to enhance the interchange of criminal record information concerning convicted non-EU nationals and stateless people. The existing European Criminal Records Information System, or ECRIS, is used for data interchange.

“The new system will make it faster and simpler for law enforcement agencies to detect third-country nationals previously convicted in the EU,” says Vra Jourová. ECRIS will offer assistance and increase police and judicial cooperation. This method will also aid in the prevention of crime and terrorism.

ECRIS-TCN will have the following features:

• Authorities will have access to the online database and will be able to search with a hit/no-hit search mechanism: a hit will identify the Member States from which full criminal records can be obtained.
• ECRIS will only enclose identity information such as fingerprints, and where available, facial images.
• 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.
• Besides contributing to criminal proceedings, ECRIS can be used for other authorised purposes such as clearing persons to work with minors or getting a license to handle fire-arms.

Furthermore, the Commission is negotiating further legislation that would allow the ECRIS-TCN database to be checked when an ETIAS visa waiver is sought through the ETIAS system, when analysing visa applications using the Visa Information System (VIS), or when investigating identity fraud.

TRAVEL TO EUROPE WITH A CRIMINAL RECORD WITH ETIAS

Once the ETIAS authorisation is implemented, travellers 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 Schengen member states.

The ETIAS requirements will involve having a passport from an eligible country upon entry to the Schengen Area, and will also require applicants to answer a series of questions about security and health matters.

Although these are yet to be finalised, the application is expected to include questions regarding criminal history. However, as the system is geared towards identifying terrorist threats, those going to Europe with a criminal record for a minor offense are unlikely to face complications with the application and should be able to get an ETIAS visa waiver without problems.

CAN I TRAVEL TO EUROPE WITH A SERIOUS CRIMINAL RECORD?

Travelers with a criminal record who visit Europe for vacation are not now questioned about minor charges, especially upon entry into any of the Schengen passport-free countries.

Travellers who have committed more serious offences may have difficulty entering Schengen Area ETIAS nations for short visits. Those who have served more than three years in prison or who have been convicted of human trafficking or narcotics charges with more than two years in prison are likely to be denied entrance.

However, policies differ from country to country. Germany, for example, has significantly tighter laws than most other Schengen member nations, as the country has the authority to deport anybody who:

• A public order conviction with a sentence of more than 3 years.
• Drug offenses with a sentence of more than 2 years.
• Any offense related to human trafficking.

However, like in the United Kingdom, German border authorities are more concerned with transgressions committed within their own nation than those committed outside the EU. The UK, on the other hand, uses the idea of’spent’ convictions, which allows travellers with a criminal past to enter the nation provided they are deemed rehabilitated.

A conviction is considered’spent’ in the UK if it has been more than ten years since the traveller last served jail time (sentences between 6 to 30 months). Over 30 months in jail cannot be’spent,’ and will always be used against the traveller. Prison sentences of less than 6 months or penalties result in a rehabilitation period of 5 years or less.

If the sentence is considered’spent,’ the traveller is not required to report the conviction, and it cannot be used against them even if immigration officers are aware of the offence.

Finally, anyone travelling to Europe with a criminal past should keep in mind that the ultimate decision for admission often comes down to the individual discretion of the border control official, so it’s critical to state your case politely and truthfully.