AB2014
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+xThere has already been a post on this thread with the EU’s planned questions relating to criminal records for the ETIAS. Unless this has changed, then the questions required from the ETIAS only relate to convictions in the past 10 years, or terrorism convictions in the past 20 years. (This detail is on page 62 of many if I remember correctly?)So if you have a conviction over 10 years old, or a caution then you won’t have to disclose anyway. This may put some people’s minds at rest? On the other hand, part of the background checks for ETIAS will include looking at databases such as SIS. So, if your details have been input there, they are likely to stay there, and they will be seen. According to information here, there is no mention of a time limit for disclosing convictions, and they seem to have a list of offences that automatically disqualify applicants. The ten years seems to apply to having to leave a country for "administrative reasons". Of course, it's a press release, not a complete description of the system, so there may well be other relevant details.
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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)
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Tom77
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The link to official ETIAS proposal and how it will be conducted is here.. https://data.consilium.europa.eu/doc/document/PE-21-2018-INIT/en/pdfOn page 68 (of 210!) it lists the requirements for criminal conviction disclosure. They are only asking for convictions in the past 10 years, so some people can honesty answer no to this. The background checks will no doubt still be done via SIS to check the honesty of the responses, but if people are seen to have convictions (cautions not having to be disclosed) outside of the 10 year duration then the background checks will approve them anyway, as they have answered honestly and are of no concern to the EU?
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Yankee
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+xThe link to official ETIAS proposal and how it will be conducted is here.. https://data.consilium.europa.eu/doc/document/PE-21-2018-INIT/en/pdfOn page 68 (of 210!) it lists the requirements for criminal conviction disclosure. They are only asking for convictions in the past 10 years, so some people can honesty answer no to this. The background checks will no doubt still be done via SIS to check the honesty of the responses, but if people are seen to have convictions (cautions not having to be disclosed) outside of the 10 year duration then the background checks will approve them anyway, as they have answered honestly and are of no concern to the EU? It also states it will only ask if you have been convicted of any offence listed in the Annex - taking a quick look, it is a list of the usual suspects for very serious offences and hopefully will mean the vast majority of people, even with a conviction in the last 10 years, will be OK. On the background check via SIS, it is still only going to show previous alerts - there is no way for someone to know whether the alert related to a conviction or not (you could simply be under suspicion..)
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AB2014
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+x+xThe link to official ETIAS proposal and how it will be conducted is here.. https://data.consilium.europa.eu/doc/document/PE-21-2018-INIT/en/pdfOn page 68 (of 210!) it lists the requirements for criminal conviction disclosure. They are only asking for convictions in the past 10 years, so some people can honesty answer no to this. The background checks will no doubt still be done via SIS to check the honesty of the responses, but if people are seen to have convictions (cautions not having to be disclosed) outside of the 10 year duration then the background checks will approve them anyway, as they have answered honestly and are of no concern to the EU? It also states it will only ask if you have been convicted of any offence listed in the Annex - taking a quick look, it is a list of the usual suspects for very serious offences and hopefully will mean the vast majority of people, even with a conviction in the last 10 years, will be OK. On the background check via SIS, it is still only going to show previous alerts - there is no way for someone to know whether the alert related to a conviction or not (you could simply be under suspicion..) Meanwhile, the police over here are doing this. Makes me wonder what police in the EU, and especially the Schengen Zone, are up to.
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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)
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Yankee
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+x+x+xThe link to official ETIAS proposal and how it will be conducted is here.. https://data.consilium.europa.eu/doc/document/PE-21-2018-INIT/en/pdfOn page 68 (of 210!) it lists the requirements for criminal conviction disclosure. They are only asking for convictions in the past 10 years, so some people can honesty answer no to this. The background checks will no doubt still be done via SIS to check the honesty of the responses, but if people are seen to have convictions (cautions not having to be disclosed) outside of the 10 year duration then the background checks will approve them anyway, as they have answered honestly and are of no concern to the EU? It also states it will only ask if you have been convicted of any offence listed in the Annex - taking a quick look, it is a list of the usual suspects for very serious offences and hopefully will mean the vast majority of people, even with a conviction in the last 10 years, will be OK. On the background check via SIS, it is still only going to show previous alerts - there is no way for someone to know whether the alert related to a conviction or not (you could simply be under suspicion..) Meanwhile, the police over here are doing this. Makes me wonder what police in the EU, and especially the Schengen Zone, are up to. They don't need to worry - they already have access to SIS II. Only thing that would change if no security deal is the UK putting its warnings and alerts into SISII. In the medium term they will implement ETAIS anyway and if the UK is a 3rd party country that will be another route for them to control.
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Tom77
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Tom77
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So, as per the link, it looks like the EU are granting visa free travel for British citizens in the event of a no deal.
It does sound however, like a deal is close so therefore the 2 or 3 year transition period and therefore continuation of freedom of movement will remain.
After the 2-3 years I expect the ETIAS system to be in place for pre travel authorisation to the EU which has already been discussed on previous posts regarding what criminal questions will be asked.
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AB2014
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+xSo, as per the link, it looks like the EU are granting visa free travel for British citizens in the event of a no deal. It does sound however, like a deal is close so therefore the 2 or 3 year transition period and therefore continuation of freedom of movement will remain. After the 2-3 years I expect the ETIAS system to be in place for pre travel authorisation to the EU which has already been discussed on previous posts regarding what criminal questions will be asked. As a "third country" on the visa-free list, travel will not be unrestricted, as there would be no automatic right of entry. Also, the length of stay without a visa would be limited. Then there's the question of residence applications and restrictions. I realise this article was published before the draft deal was released, but it seems to be in line with the deal, if it happens.
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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)
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Mr W
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Apologies if this is in the wrong section, but I've just read about this ETIAS which will be introduced by the EU on 1 January 2021 for non-EU countries. (This isn't about Brexit/deals/whatever, but simply leaving the EU means it will include us.) It's described as being similar to the ESTA system to have access to the USA but for those of us with a criminal record, it looks like a new headache when it comes to travelling to the EU. The ETIAS will cost €7, will be valid for three years, will be checked at the borders and... "The details needed for the application form will include passport information as well as background questions about criminal records or medical conditions. "95% of which will be approved automatically but applications can also be denied or take up to four weeks to process." Full story: https://www.bbc.co.uk/news/uk-46564884So by the looks of things I bet travelling to the EU from 2021 will be impossible for me for years. It just feels like an excuse to have my name and background on yet another big computer database to be judged by more countries and more people... oh and paying €7 for the privilege.
===== Fighting or Accepting - its difficult to know which is right and when.
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Tom77
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Hi Mr W This has been a concern for many on here for a while. However, depending on your circumstances, you could be exempt from disclosing your criminal history on the new ETIAS system when it is enforced. The link to how the ETIAS system will work is here.. https://data.consilium.europa.eu/doc/document/PE-21-2018-INIT/en/pdfOn page 68 (of 210!) it states that they only want to know if you have a criminal CONVICTION in the past 10 years. If you have a caution in the past 10 years then you don’t have to disclose as a caution is not a conviction. If you have a conviction but from over 10 years ago, then you won’t have to disclose either. These requirements will hopefully mean that some people with only cautions or old convictions from over 10 years ago are still able to travel to the EU without the need for criminal record disclosure. Hope this helps?
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