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AB2014
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+xThe issue is there are no links now but who is to say that one day ETIAS will not be linked to the UK PNC? Or even if that does not link, there may be a link between the ETIAS systems and USA or Australian ETA so in theory if one admits to an offence on an Aussie ETA but not on the European ETIAS one could come unstuck? My offence is minor and I could get in to australia with no issues even if I declared, but then I am mindful of declaring it for Etias purposes as I have no faith in the EU or its systems, particularly as I think each country will assess the offence differently once notified by ETIAS. Those are very big "what ifs"! As far as ETIAS goes, whatever someone's view of Brexit is, I can't see them wanting to let the EU into our systems, especially when there are already systems in place to pass on what they need to know. I can't honestly see it going further abroad, either, pretty much on the same basis. It would have to be a two-way thing, and I doubt the UK's system could handle all that data arriving at once, even from only one source. There are so many people in the US with a criminal record that it would take a long time to build a system that could handle it. I believe every state has its own system, and the FBI can only get information for their equivalent of a police certificate by asking the relevant state rather than a central system. So, I can't see that happening for cost reasons and also as a matter of principle (yes, politicians still have some).
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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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dedalus
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The issue is there are no links now but who is to say that one day ETIAS will not be linked to the UK PNC?
Or even if that does not link, there may be a link between the ETIAS systems and USA or Australian ETA so in theory if one admits to an offence on an Aussie ETA but not on the European ETIAS one could come unstuck? My offence is minor and I could get in to australia with no issues even if I declared, but then I am mindful of declaring it for Etias purposes as I have no faith in the EU or its systems, particularly as I think each country will assess the offence differently once notified by ETIAS.
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punter99
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+x+xAs the EU no longer has access to the UK's criminal records system, whether you disclose is up to you, especially if you haven't travelled to the EU since you were convicted or while you were on the SOR. If you are currently on the SOR, it is possible for the police to notify the destination country, but I'd hope they would be more realistic than disclosing just because they can. Border police have never had automatic access to the PNC even before Brexit. I am prepared to lie though my teeth and test it out with a little "duty-free shopping trip" before making a family trip, but I am always worried about residual data retention. I am in no doubt that US immigration have a record of being informed by the UK police within 24 hours of my conviction and an email I received cancelling my ESTA, regardless of whether they have access to records. I have recently tried setting up an Instagram account (proprietor Facebook) with an alternative persona post coming of the SOR but was stupid enough to use my pre-conviction mobile number. Instant block. Within seconds. I have another account (ironically set up when I was still on the SOR for Instagram) which wasn't, presumably because I didn't give them a mobile number. Our digital footprints go beyond way what is legal and proportionate. One requirement for the new border checks is fingerprints. Whilst these could be linked direct to the info on the PNC, along with other unique identifiers such as passport number, that is not what the ETIAs says they are going to check. The main database for cross checking will be the Interpol one, and while Schengen is mentioned, that would presumably mean only those who are added to Schengen after the ETIAs goes live, not those who were on it before then, since they have been wiped from the system.
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Was
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+xAs the EU no longer has access to the UK's criminal records system, whether you disclose is up to you, especially if you haven't travelled to the EU since you were convicted or while you were on the SOR. If you are currently on the SOR, it is possible for the police to notify the destination country, but I'd hope they would be more realistic than disclosing just because they can. Border police have never had automatic access to the PNC even before Brexit. I am prepared to lie though my teeth and test it out with a little "duty-free shopping trip" before making a family trip, but I am always worried about residual data retention. I am in no doubt that US immigration have a record of being informed by the UK police within 24 hours of my conviction and an email I received cancelling my ESTA, regardless of whether they have access to records. I have recently tried setting up an Instagram account (proprietor Facebook) with an alternative persona post coming of the SOR but was stupid enough to use my pre-conviction mobile number. Instant block. Within seconds. I have another account (ironically set up when I was still on the SOR for Instagram) which wasn't, presumably because I didn't give them a mobile number. Our digital footprints go beyond way what is legal and proportionate.
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AB2014
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+x+xAnyway, obviously this was a very encouraging experience, and I hope it reassures anyone else who might be uneasy about taking a trip to Europe. I think we're mostly worried about when the visa waiver scheme starts. With the rules as currently published, it will kibosh most European travel unless you apply for a full visa if you answer the questions truthfully. As the EU no longer has access to the UK's criminal records system, whether you disclose is up to you, especially if you haven't travelled to the EU since you were convicted or while you were on the SOR. If you are currently on the SOR, it is possible for the police to notify the destination country, but I'd hope they would be more realistic than disclosing just because they can.
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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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Was
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Group: Forum Members
Posts: 299,
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+xAnyway, obviously this was a very encouraging experience, and I hope it reassures anyone else who might be uneasy about taking a trip to Europe. I think we're mostly worried about when the visa waiver scheme starts. With the rules as currently published, it will kibosh most European travel unless you apply for a full visa if you answer the questions truthfully.
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DaveB
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I'd like to add my experience of a recent trip to Europe on the SOR, in case it's of use to anybody.
And the experience was... brilliant. Entering the country, my passport was scanned, stamped and I was waved in with a smile. Leaving a week later, which is the point when there used to be a long scrutiny of hidden monitor screens on pre-Brexit trips, my passport was briefly scanned and I was again ushered through with a smile. The biggest surprise of all was when I got back to the UK and had to go through passport control there. I've *always* been asked a list of questions at this point, and my passport has clearly flagged up some kind of notice. This time: scan, smile, wave. Done.
I'd never seriously thought the police would use an Interpol Green Notice on me post-Schengen, but before booking this holiday I did wonder if they'd use one of these mysterious 'diffusions', or if there was some other tagging system in place, which was a bit of a low-level worry. Apparently not!
Obviously other people's mileage may vary. For the record mine was a download offence only, and I assume I am low risk - I've never dared ask, but my PPU only visits once a year these days. It probably didn't hurt that I was travelling with my partner, too.
Anyway, obviously this was a very encouraging experience, and I hope it reassures anyone else who might be uneasy about taking a trip to Europe.
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punter99
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+xI have been spending months worrying about the impact of Brexit, i have a couple of trips to EU planned in 2023, hopefully all before the etias begin. If anyone has any answers or opinions to my questions, i would be grateful. 1 - My conviction will become spent in January 2023 (i had a sexual conviction - a 3 year community order and 5 years on SOR). I know that UK law means i now do not have to declare my conviction in the UK for jobs, insurance etc. after January 2023 so surely the UK police would not be able to share my details with EU countries unless i commit an offence abroad. Surely if they did, they break the terms of the rehabilitation of offenders act? 2 - Has anyone on SOR travelled this year since the Schengen alert system has ended (meaning i assume the alerts don't appear at EU borders now) and have they been questioned? i understand some may have green notices against them but some low risk may not have. i know that i have never had a green notice set on me when travelling abroad but have been stopped due to the SIS alerts in EU countries, the last time was in 2019 when it was still used. 3 - The last time i travelled to the EU was September 2019 and was stopped with the SIS Alert. Does anyone know how long these alerts stay on systems? i did read somewhere that they all had to be deleted due to Brexit. This is another reason i am not travelling abroad until my conviction becomes spent. Any opinions or even facts would be appreciated. Provided that you are not on the SOR, and are no longer required to notify police of your foreign travel, then there should not be any problems in Europe. The Schengen system, does not record dates of entry or exit, and all previous alerts should have been removed by now. The police were in the process of removing them, in late 2019, ready for Brexit in Jan 2020.
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Lmc123
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I have been spending months worrying about the impact of Brexit, i have a couple of trips to EU planned in 2023, hopefully all before the etias begin. If anyone has any answers or opinions to my questions, i would be grateful.
1 - My conviction will become spent in January 2023 (i had a sexual conviction - a 3 year community order and 5 years on SOR). I know that UK law means i now do not have to declare my conviction in the UK for jobs, insurance etc. after January 2023 so surely the UK police would not be able to share my details with EU countries unless i commit an offence abroad. Surely if they did, they break the terms of the rehabilitation of offenders act?
2 - Has anyone on SOR travelled this year since the Schengen alert system has ended (meaning i assume the alerts don't appear at EU borders now) and have they been questioned? i understand some may have green notices against them but some low risk may not have. i know that i have never had a green notice set on me when travelling abroad but have been stopped due to the SIS alerts in EU countries, the last time was in 2019 when it was still used.
3 - The last time i travelled to the EU was September 2019 and was stopped with the SIS Alert. Does anyone know how long these alerts stay on systems? i did read somewhere that they all had to be deleted due to Brexit. This is another reason i am not travelling abroad until my conviction becomes spent.
Any opinions or even facts would be appreciated.
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AB2014
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Group: Forum Members
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+x+x+xi haved a feeling this thing will never be introduced. you cannot have this system with each country applying their own set of rules regarding convictions. I dread to think how much money they have wasted on it so far. I'm no expert on the EU, but I've known enough bureaucrats in my time to understand how they think. This hasn't been a waste of time and money. Oh, no! It's been the very valuable practical phase of a feasibility study, and well worth every single euro of somebody else's money. i can't see it being introduced just prior to a xmas period either, which november 2023 would be. you would think they would start the process during a quieter period.... common sense and all that... Come on - there is no room for commonsense in any bureaucracy!
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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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