theForum » Travel » Travelling to the USA » Applying for a Visa » Applying for a visa whilst on the SOR

Harmless — Thu, 22 Aug 2019 21:13:00 GMT

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[b]BenS - 29 Jul 19 1:10 PM[/b]

We're in the "Travelling to the USA" section so I guess it's the USA.

The US takes an extreme approach to anyone on the SOR, even more than the UK.

I would advise not travelling to the US while on the SOR. For any non-EU and non-Schengen travel, the police can issue an Interpol Green Notice when you notify travel (they won't tell you whether they have or not). If there is a Green Notice on you, this will flag up on arrival and you will be deported to the UK, possibly after being detained.

You could lie on the ESTA, but if you are notifying travel under the SOR then they might tell the US anyway.

I would guess a visa application for the US would be almost immediately rejected for anyone convicted of a sex offence, given their stance.

Honestly I would abstain from any travel to the US until you're no longer on the SOR, then I would get an ESTA and tick "no" to the infamous question.

The US does not have access to the UK Police National Computer - they can only do so by making an individual request, and only then if they have grounds for suspicion, not as part of a random check. So once you've finished on the SOR and have been able to travel to other countries without being pulled aside, I would go for it with the US on an ESTA.

On the other hand, a visa decision can be appealed, while an ESTA rejection cannot. Visa application is the legally correct way to go, but perversely the less likely way to get in!

I have travelled to non-EU, non-Schengen countries while on the SOR with no problem, but the US is not one of them.

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Applying for a visa whilst on the SOR

Traveller8 — Thu, 22 Aug 2019 21:13:00 GMT

Hello,

I am wondering if anyone has had any success applying for a visa whilst on the SOR?

I am currently on it indefinitely however my offence was 8 years ago. And I live in an area that has some of the lowest numbers for people appealing to come off it.

Therefore I was going to try and go about applying for a visa, but don't know if I'm wasting my time and money? I haven't seen any posts about people being allowed in whilst still being on the register?

RE: Applying for a visa whilst on the SOR

Traveller8 — Thu, 08 Aug 2019 10:39:31 GMT

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[b]AB2014 - 8 Aug 19 8:52 AM[/b]

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[b]Traveller8 - 7 Aug 19 9:38 AM[/b]

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[b]AB2014 - 6 Aug 19 10:38 AM[/b]

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[b]Traveller8 - 6 Aug 19 10:15 AM[/b]

Hi both,

Thanks for your replies on this matter.

Even if I wait to be off the SOR if I tick no on the ESTA isn't that an offence? Aren't I lying?

As far as I'm aware I am on it indefinitely. Something which I am looking to appeal after enough time has passed. It has been 8 years, I will probably wait until it has been 10.

So have people travelled to the US after coming off the SOR with no issues?

If I did do it I would travel via Dublin to avoid any major issues on arrival.

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If you're on the SOR indefinitely, you have to wait 15 years after release from prison before you can ask to come off it, unless you were under 18 when released, in which case it's 8 years. I'm not sure there would be much benefit to waiting longer than you have to.

I'm confident that people have travelled to the US after coming off the SOR. Technically you would be lying if you said no on the ESTA application, but as big companies realised a long time ago, in reality it's only illegal if you get caught.

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Ha true but doesn't fill me with confidence.

Is there anyone who has successfully travelled after coming off the SOR?

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I'm not aware of anyone announcing that they had travelled successfully after coming off the SOR, but people with other offences seem to have managed it. It's well worth reading the post by BenS further up this page. He knows what he's talking about so you can rely on him. The US authorities do not have access to our criminal records system, and once you're off the SOR you don't have to notify the police of your travel plans, so how would they know? In any case, I can't see the UK police spending loads of time sending updated SOR lists to the US or anyone else.

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OK great. I'll wait another 7 years and then give it a go. Maybe just a weekend somewhere via Dublin as a test run. Thanks for your advice.

RE: Applying for a visa whilst on the SOR

AB2014 — Thu, 08 Aug 2019 08:52:33 GMT

[quote]

[b]Traveller8 - 7 Aug 19 9:38 AM[/b]

[quote]

[b]AB2014 - 6 Aug 19 10:38 AM[/b]

[quote]

[b]Traveller8 - 6 Aug 19 10:15 AM[/b]

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Ha true but doesn't fill me with confidence.

Is there anyone who has successfully travelled after coming off the SOR?

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RE: Applying for a visa whilst on the SOR

Traveller8 — Wed, 07 Aug 2019 09:38:58 GMT

[quote]

[b]AB2014 - 6 Aug 19 10:38 AM[/b]

[quote]

[b]Traveller8 - 6 Aug 19 10:15 AM[/b]

[/quote]

Ha true but doesn't fill me with confidence.

Is there anyone who has successfully travelled after coming off the SOR?

RE: Applying for a visa whilst on the SOR

AB2014 — Tue, 06 Aug 2019 10:38:11 GMT

[quote]

[b]Traveller8 - 6 Aug 19 10:15 AM[/b]

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RE: Applying for a visa whilst on the SOR

Traveller8 — Tue, 06 Aug 2019 10:15:34 GMT

RE: Applying for a visa whilst on the SOR

Yankee — Mon, 29 Jul 2019 17:51:22 GMT

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[b]BenS - 29 Jul 19 1:10 PM[/b]

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Ah, didn't see which section the post was from - I always access via 'Recent' and all you see is the title of the posts...

I agree with all of your comments. If you notify, there is an increased likelihood of a green notice (even if your PPU doesn't issue them for other countries to which you travel) as you are, in effect, giving notice that you will be lying to US Immigration.

There is then the second issue of 'informal' communication between the UK and the US. While there is no access to the PNC and watch lists are legally not meant to be shared, there is plenty of evidence in the media of embassy-to-embassy type communication where informal information flows. (there are posts elsewhere on the Forum about this).

If you can wait until you are off the SOR, I would do so. Get stopped now and you will never be allowed in at any point in the future. Wait a while and there is a very high probability you can use the ESTA route thereafter.

As an aside, guidance given to US immigration officials states a 16-year elapsed period for serious sexual offences i.e.while each case is treated on its merit, a visa application will be looked at more favourably once 16 years has elapsed.

RE: Applying for a visa whilst on the SOR

BenS — Mon, 29 Jul 2019 13:10:06 GMT

RE: Applying for a visa whilst on the SOR

Yankee — Mon, 29 Jul 2019 09:47:32 GMT

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[b]Traveller8 - 26 Jul 19 8:34 AM[/b]

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A visa for which country - visa and immigration rules can differ significantly from country to country and may also be dependent upon the sentence you received??