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Post Brexit- impact on travelling to Europe


Post Brexit- impact on travelling to Europe

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JASB
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AB2014 - 10 Mar 20 2:33 PM
JASB - 10 Mar 20 2:26 PM
AB2014 - 10 Mar 20 1:00 PM
JASB - 10 Mar 20 12:42 PM
tedstriker - 9 Mar 20 5:11 PM
Etias delayed 2 years to 2023. Might help some.

Hi
Just been looking at https://www.etiasvisa.com/etias-news/travel-europe-criminal-record-requirements-apply
The following is a quote under the heading 
CAN I TRAVEL TO EUROPE WITH A SERIOUS CRIMINAL RECORD?


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). Jail time of over 30 months cannot be ‘spent’ and will always be held against the traveler. Imprisonment of less than 6 months or fines incur a shorter rehabilitation period of around 5 years or less.


I was trying to see the delay you mentioned.


Just to be clear, it does mention the spent after ten years thing to enter the UK, but just because it's on the internet, that doesn't make it true, amazingly. As we all know already, of course.  It looks like they're confusing entry and Leave to Remain. Regarding the ETIAS delay, The Independent reported it yesterday.

Hi
Thanks for the link.
I should of expanded my post to mention confusion, sorry. On internet, never a truer word said, unless you quote what the papers write about in regard to SO's.
Interesting as it seems my 50/50 citizenship (brit/Irish) may stop me having to complete the application and so declare offence.


If you travel to the EU on a passport issued by the Republic of Ireland, you have freedom of movement, so you wouldn't need to use ETIAS.

hi
Yes I understand that but just being cautious as writing it was my moment of joy after being rejected for 3 jobs today due to disclosure. cheers



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tedstriker
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AB2014 - 10 Mar 20 1:00 PM
JASB - 10 Mar 20 12:42 PM
tedstriker - 9 Mar 20 5:11 PM
Etias delayed 2 years to 2023. Might help some.

Hi
Just been looking at https://www.etiasvisa.com/etias-news/travel-europe-criminal-record-requirements-apply
The following is a quote under the heading 
CAN I TRAVEL TO EUROPE WITH A SERIOUS CRIMINAL RECORD?


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). Jail time of over 30 months cannot be ‘spent’ and will always be held against the traveler. Imprisonment of less than 6 months or fines incur a shorter rehabilitation period of around 5 years or less.


I was trying to see the delay you mentioned.


Just to be clear, it does mention the spent after ten years thing to enter the UK, but just because it's on the internet, that doesn't make it true, amazingly. As we all know already, of course.  It looks like they're confusing entry and Leave to Remain. Regarding the ETIAS delay, The Independent reported it yesterday.

Yes it was the Independent I read it on. Sorry for not quoting source.

Don't worry about what any of those ETIAS sites say. They are all 3rd parties set up to con people out of application money when it comes. They are littered with inaccuracies. 

I (and others on here) have worked through the EU documents and the current plan is to ask for convictions for "serious" offences within the past 10 years. This is why I mentioned the delay may help some people out.
AB2014
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tedstriker - 10 Mar 20 2:45 PM
AB2014 - 10 Mar 20 1:00 PM
JASB - 10 Mar 20 12:42 PM
tedstriker - 9 Mar 20 5:11 PM
Etias delayed 2 years to 2023. Might help some.

Hi
Just been looking at https://www.etiasvisa.com/etias-news/travel-europe-criminal-record-requirements-apply
The following is a quote under the heading 
CAN I TRAVEL TO EUROPE WITH A SERIOUS CRIMINAL RECORD?


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). Jail time of over 30 months cannot be ‘spent’ and will always be held against the traveler. Imprisonment of less than 6 months or fines incur a shorter rehabilitation period of around 5 years or less.


I was trying to see the delay you mentioned.


Just to be clear, it does mention the spent after ten years thing to enter the UK, but just because it's on the internet, that doesn't make it true, amazingly. As we all know already, of course.  It looks like they're confusing entry and Leave to Remain. Regarding the ETIAS delay, The Independent reported it yesterday.

Yes it was the Independent I read it on. Sorry for not quoting source.

Don't worry about what any of those ETIAS sites say. They are all 3rd parties set up to con people out of application money when it comes. They are littered with inaccuracies. 

I (and others on here) have worked through the EU documents and the current plan is to ask for convictions for "serious" offences within the past 10 years. This is why I mentioned the delay may help some people out.

The delay might be doubly helpful, as it puts off the need for disclosure and also eats into the 10-year period in which you are expected to disclose. My convictions are already from over 10 years ago, so I'm actually in the clear, for once. I was quite impressed by the EU documents, as the ETIAS rules run to well over 250 pages, but the list of offence categories is right at the end, and the relevant bits about the need for disclosure are much shorter than you would expect from a system that is both bureaucratic and proud of it.

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

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)

tedstriker
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Probably unlikely due to the various restrictions in place but has anyone travelled to the EU since the end of the transition period? I'd be interested to hear how it went.
tedstriker
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Now the forum appears to be working I can finally post this:

The question about convictions on the ETIAS was changed just before the document was passed into EU law. They will now ask for previous 15 years for offences rather than the original 10 years. I believe terrorism offences used to be 20 years and are now 25. It's pretty crappy news for a lot of us I would imagine.

(a) whether he or she has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex, and if so when and in which country;

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02018R1240-20210803 - Amendment M2 here

AB2014
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tedstriker - 10 Jan 22 3:32 PM
Now the forum appears to be working I can finally post this:

The question about convictions on the ETIAS was changed just before the document was passed into EU law. They will now ask for previous 15 years for offences rather than the original 10 years. I believe terrorism offences used to be 20 years and are now 25. It's pretty crappy news for a lot of us I would imagine.

(a) whether he or she has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex, and if so when and in which country;

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02018R1240-20210803 - Amendment M2 here

Well, it means I will now have to disclose until October 2023, but then I have no travel plans in the foreseeable future. Must be so much worse for people who have had non-disclosure snatched from them for another five years.

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

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)

RMUK
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AB2014 - 10 Jan 22 3:59 PM
tedstriker - 10 Jan 22 3:32 PM
Now the forum appears to be working I can finally post this:

The question about convictions on the ETIAS was changed just before the document was passed into EU law. They will now ask for previous 15 years for offences rather than the original 10 years. I believe terrorism offences used to be 20 years and are now 25. It's pretty crappy news for a lot of us I would imagine.

(a) whether he or she has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex, and if so when and in which country;

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02018R1240-20210803 - Amendment M2 here

Well, it means I will now have to disclose until October 2023, but then I have no travel plans in the foreseeable future. Must be so much worse for people who have had non-disclosure snatched from them for another five years.
Where is the list of offences? 

Also has anyone traveled to the EU post brexit? 


tedstriker
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RMUK - 11 Jan 22 9:18 PM
AB2014 - 10 Jan 22 3:59 PM
tedstriker - 10 Jan 22 3:32 PM
Now the forum appears to be working I can finally post this:

The question about convictions on the ETIAS was changed just before the document was passed into EU law. They will now ask for previous 15 years for offences rather than the original 10 years. I believe terrorism offences used to be 20 years and are now 25. It's pretty crappy news for a lot of us I would imagine.

(a) whether he or she has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex, and if so when and in which country;

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02018R1240-20210803 - Amendment M2 here

Well, it means I will now have to disclose until October 2023, but then I have no travel plans in the foreseeable future. Must be so much worse for people who have had non-disclosure snatched from them for another five years.
Where is the list of offences? 

Also has anyone traveled to the EU post brexit? 


List of criminal offences referred to in point (a) of Article 17(4)
1. terrorist offences,
2. participation in a criminal organisation,
3. trafficking in human beings,
4. sexual exploitation of children and child pornography,
5. illicit trafficking in narcotic drugs and psychotropic substances,
6. illicit trafficking in weapons, munitions and explosives,
7. corruption,
8. fraud, including that against the financial interests of the Union,
9. laundering of the proceeds of crime and counterfeiting of currency, including the euro,
10. computer-related crime/cybercrime,
11. environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties,
12. facilitation of unauthorised entry and residence,
13. murder, grievous bodily injury,
14. illicit trade in human organs and tissue,
15. kidnapping, illegal restraint and hostage-taking,
16. organised and armed robbery,
17. illicit trafficking in cultural goods, including antiques and works of art,
18. counterfeiting and piracy of products,
19. forgery of administrative documents and trafficking therein,
20. illicit trafficking in hormonal substances and other growth promoters,
21. illicit trafficking in nuclear or radioactive materials,
22. rape,
23. crimes within the jurisdiction of the International Criminal Court,
24. unlawful seizure of aircraft or ships,
25. sabotage,
26. trafficking in stolen vehicles,
27. industrial espionage,
28. arson,
29. racism and xenophobia.

I've travelled to the EU but I'm no longer subject to the SOR or travel requirements. I had no issue. The ETIAS is going to stop me going for a few years though as I'm on a strictly need to know basis about details of offences.
punter99
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I'm curious about how ETIAS will function in practice. Simply having a conviction, will not stop you from travelling to Europe. It might actually make things easier.

One thing that ETIAS will do, is to cross reference your details with the existing databases, such as the Interpol one, to decide if you are a security risk. If no match comes up, which means there are no outstanding notices, then does it mean your application will be approved? That was my reading of it.

Once you have ETIAS approval, it lasts for 3 years. During that time, you should not get stopped or questioned at any border checkpoint, which is much better than the old Schengen system.
AB2014
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punter99 - 13 Jan 22 10:31 AM
I'm curious about how ETIAS will function in practice. Simply having a conviction, will not stop you from travelling to Europe. It might actually make things easier.

One thing that ETIAS will do, is to cross reference your details with the existing databases, such as the Interpol one, to decide if you are a security risk. If no match comes up, which means there are no outstanding notices, then does it mean your application will be approved? That was my reading of it.

Once you have ETIAS approval, it lasts for 3 years. During that time, you should not get stopped or questioned at any border checkpoint, which is much better than the old Schengen system.

It sounds like the ESTA system in the US. However, although any alerts and advices may have been removed, there is every chance that the system still holds any previous entry and exit records. So, if they mention criminal record information, there might well be a problem if someone doesn't disclose when they should. If they no longer need to disclose, then the rules are on their side.

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

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)

GO


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