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Post Brexit- impact on travelling to Europe


Post Brexit- impact on travelling to Europe

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hurrdedurr
hurrdedurr
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hurrdedurr - 13 Sep 18 6:52 AM
tedstriker - 7 Sep 18 2:44 PM
Hi Tedstriker
Can you please send me a link to this quote - I'd love to look at the document.  I have found conflicting information, some places saying 10 years and some places saying 20 years.  I've also seen that if Etias is declined then a Schengen visa will be required, but I also read somewhere that Schengen is being abolished.  I have also read that ETIAS is coming into play at the beginning of 2021.  Honestly, such a minefield - no wonder we are all stressed out as no one knows what is happening.  


However, I must thank you for something in your post. I have been following the ETIAS saga for a couple of years and it has filled me with absolute dread. I thought you were mistaken regarding the time limit on convictions but I have just looked up the document as agreed by the European Council a few days ago and it states:

"In addition, the applicant shall provide answers to the following questions: (a) whether he or she has been convicted of any criminal offence listed in the Annex over the previous 10 years and in the case of terrorist offences, over the previous twenty years, and if so when and in which country;"

Obviously, it is still not perfect but does at least provide some concept of time passed for rehabilitation.





Hi, sorry not sure what happened when I posted then.
Can you post a link to the document that says about criminal history in the last ten years or terrorist in the last 20?
I've read that ETIAS comes in 2021 and will only have a soft introduction in 2020 so won't be compulsory.
I also wonder where it stands under ROA - can people be made to disclose when under our own laws disclosure is no longer necessary?  I'm assuming it is still the case that disclosure is required.  
Finally I have also read that if ETIAS is declined the Schengen visa will be required but that seems odd because Schengen doesn't currently ask about convictions.  I wonder if it could be worth applying for Schengen next year upon departure from the EU in case they change the criminal history checks.  Also apply to a country like Greece or Spain because Germany and Belgium are super strict and it's down to the individual country to make a decision.  I think the med countries are far more 'lax' because they want tourists to keep coming. Germany and Belgium have had attacks and also have a political game to win over immigration and Brexit.  Just my six pence worth from when I was talking with my dad's cousin this summer who is the head of the Greek police in his prefecture.

AB2014
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hurrdedurr - 13 Sep 18 6:58 AM
hurrdedurr - 13 Sep 18 6:52 AM
tedstriker - 7 Sep 18 2:44 PM
Hi Tedstriker
Can you please send me a link to this quote - I'd love to look at the document.  I have found conflicting information, some places saying 10 years and some places saying 20 years.  I've also seen that if Etias is declined then a Schengen visa will be required, but I also read somewhere that Schengen is being abolished.  I have also read that ETIAS is coming into play at the beginning of 2021.  Honestly, such a minefield - no wonder we are all stressed out as no one knows what is happening.  


However, I must thank you for something in your post. I have been following the ETIAS saga for a couple of years and it has filled me with absolute dread. I thought you were mistaken regarding the time limit on convictions but I have just looked up the document as agreed by the European Council a few days ago and it states:

"In addition, the applicant shall provide answers to the following questions: (a) whether he or she has been convicted of any criminal offence listed in the Annex over the previous 10 years and in the case of terrorist offences, over the previous twenty years, and if so when and in which country;"

Obviously, it is still not perfect but does at least provide some concept of time passed for rehabilitation.





Hi, sorry not sure what happened when I posted then.
Can you post a link to the document that says about criminal history in the last ten years or terrorist in the last 20?
I've read that ETIAS comes in 2021 and will only have a soft introduction in 2020 so won't be compulsory.
I also wonder where it stands under ROA - can people be made to disclose when under our own laws disclosure is no longer necessary?  I'm assuming it is still the case that disclosure is required.  
Finally I have also read that if ETIAS is declined the Schengen visa will be required but that seems odd because Schengen doesn't currently ask about convictions.  I wonder if it could be worth applying for Schengen next year upon departure from the EU in case they change the criminal history checks.  Also apply to a country like Greece or Spain because Germany and Belgium are super strict and it's down to the individual country to make a decision.  I think the med countries are far more 'lax' because they want tourists to keep coming. Germany and Belgium have had attacks and also have a political game to win over immigration and Brexit.  Just my six pence worth from when I was talking with my dad's cousin this summer who is the head of the Greek police in his prefecture.

I think it's this document. The details of the application process are in Article 17, along with the criminal history periods. Article 18 confirms that visa-exempt third country nationals aged 18-70, presumably including UK nationals, will have to pay €7.00 to apply. I'm sure the tabloids will have fun with that. Foreign countries can ask any disclosure question they like, because they are not subject to our laws on rehabilitation, which is why ACRO issue police certificates specifically for immigration. Good tip on where to apply, though, if you need a Schengen visa.

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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

Edited
6 Years Ago by AB2014
Yankee
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At least this is a positive statement as most who notify are subject to SISII alerts but not prevented from EU travel at present:

The conditions for issuing a travel authorisation should be coherent with the specific objectives associated with the different types of alerts recorded in SIS. In particular, the fact that applicants would be subject to an alert on persons wanted for arrest for surrender purposes or extradition purposes or to an alert on persons for discreet checks or specific checks should not prevent them from being issued with a travel authorisation with a view to Member States taking appropriate action in accordance with Council Decision 2007/533/JHA1.

In regard what constitutes a serious criminal offence, it's basically everything where the maximum sentence is 3 years and above. Given the sentencing guidelines in the UK that covers a hell of a lot of the penal code

‘serious criminal offence’ means an offence which corresponds or is equivalent to one of the offences referred to in Article 2(2) of Framework Decision 2002/584/JHA,if it is punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years;

BenS
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This information sheet was published today by the government: "Travelling to the EU with a UK passport if there's no Brexit deal"

https://www.gov.uk/government/publications/travelling-to-the-eu-with-a-uk-passport-if-theres-no-brexit-deal/travelling-to-the-eu-with-a-uk-passport-if-theres-no-brexit-deal

Looks like we'd be treated like other developed non-EU countries, i.e. can enter the Schengen Area for 90 days per 180-day period. So no problem for holidays, but moving abroad to live/work would likely become challenging for those with certain convictions.

For the EU non-Schengen countries (Bulgaria, Romania, Croatia, Cyprus, Ireland), it says it's up to each individual country as to which third-country nationals they let in. I don't think this is totally accurate, as all those countries (except Ireland) are legally bound to join the Schengen Area in future and all of their immigration policies (in terms of what nationalities do and don't need a visa) are 100% aligned with the Schengen Area's policy.
tedstriker
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Just a quick update on this for anyone following. As expected the UK's proposed new immigration system has a pre-authorisation for tourists travelling to the UK. Asked in an interview this morning whether it would mean UK citizens having to get an ETIAS to travel to the EU, Theresa May replied "we expect it to be reciprocal"

So there you go folks. It was a slim chance that UK citizens would get an opt out but instead we're happily going along with it.
Monkos
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tedstriker - 2 Oct 18 12:20 PM
Just a quick update on this for anyone following. As expected the UK's proposed new immigration system has a pre-authorisation for tourists travelling to the UK. Asked in an interview this morning whether it would mean UK citizens having to get an ETIAS to travel to the EU, Theresa May replied "we expect it to be reciprocal"

So there you go folks. It was a slim chance that UK citizens would get an opt out but instead we're happily going along with it.

End brexit now
AB2014
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Monkos - 2 Oct 18 1:27 PM
tedstriker - 2 Oct 18 12:20 PM
Just a quick update on this for anyone following. As expected the UK's proposed new immigration system has a pre-authorisation for tourists travelling to the UK. Asked in an interview this morning whether it would mean UK citizens having to get an ETIAS to travel to the EU, Theresa May replied "we expect it to be reciprocal"

So there you go folks. It was a slim chance that UK citizens would get an opt out but instead we're happily going along with it.

End brexit now

I remember people getting confused about not leaving the EU immediately and saying we should "leave Brexit now", so maybe we should make "Leave Brexit now!" our slogan? We can confuse people by being honest. BigGrin

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

Tom77
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I always assumed that the UK would need to comply with the ETIAS when implemented.
However, as already noted, the agreed EU ETIAS questions will only ask for any convictions in the past 10 years.

As long as this doesn’t change, (and I can’t see it changing as at the moment no questions are asked regarding criminal history on the EU Visa application) then anyone outside of 10 years won’t have to disclose.

Unless the UK implement pre travel questions regarding ANY criminal convictions or arrests like the US do, then the EU may reciprocate and amend thier questions but hopefully not.
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Tom77 - 3 Oct 18 2:28 PM
I always assumed that the UK would need to comply with the ETIAS when implemented. However, as already noted, the agreed EU ETIAS questions will only ask for any convictions in the past 10 years. As long as this doesn’t change, (and I can’t see it changing as at the moment no questions are asked regarding criminal history on the EU Visa application) then anyone outside of 10 years won’t have to disclose. Unless the UK implement pre travel questions regarding ANY criminal convictions or arrests like the US do, then the EU may reciprocate and amend thier questions but hopefully not.

I would assume the the UK would use the same system for EU members that it does for the US/ Canada and Australia which states:

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) at least 4 years; or
(b) between 12 months and 4 years, unless at least 10 years have passed since the end of the sentence; or
(c) less than 12 months, unless at least 5 years has passed since the end of the sentence.

Where this paragraph applies, it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors.

...

V 3.5 An application will normally be refused if:

(a) within the period of 12 months before the application is decided, the applicant has been convicted of or admitted an offence for which they received a non-custodial sentence or out of court disposal that is recorded on their criminal record (except for an application for an extension of stay as a visitor); or
(b) in the view of the Secretary of State the applicant’s offending has caused serious harm; or
(c) in the view of the Secretary of State the applicant is a persistent offender who shows a particular disregard for the law.

I can see the EU eventually going down this route as it would be aligning the rules with most western countries.I love the ambiguity of terms such as "serious harm", "moral turpitude" etc. the can mean anything and everything.
Tom77
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Hi.

The questions regarding criminal records on the new EU ETIAS pre travel authorisation system have already been approved, and can be found via a link on one of the other threads on this forum discussion.

It basically says that it is only interested in convictions in the past 10 years.

So if anyone has a caution, or conviction from over 10 years old then this information wouldn’t have to be disclosed.

The current UK questions relating to criminal records for visitors from outside the EU seem more flexible than the ETIAS questions, so I can’t see the ETIAS being amended to any stricter questions to disadvantage UK citizens.

If anything, the UK questions would more likely replicate the ETIAS ones?
GO


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