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Post Brexit- impact on travelling to Europe


Post Brexit- impact on travelling to Europe

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Mr W
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Tom77 - 16 Dec 18 11:28 AM
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/pdf On 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?

Thanks, I'm coming at it from another angle so to speak.
I was convicted in 2017 so I'm guessing, taking into consideration the 10-year time frame, I'm assuming I would be rejected until at least 2027.



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Fighting or Accepting - its difficult to know which is right and when.
Edited
6 Years Ago by Mr W
Tom77
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You would certainly need to disclose for any travel prior to 2027 yes.
Not sure if your circumstances would mean an automatic rejection though.
I guess you’d have to go through additional checks and paperwork for a chance of being permitted.


tedstriker
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It's also worth considering that they don't want to know about . "convictions". It's about "serious convictions" which I believe has a specific definition. I've noticed various anti-brexit commentators suggesting it applies to minor convictions such as football hooliganism. I'm quite happy not to correct them if it mean some opposition to this madness.
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tedstriker - 16 Dec 18 8:56 PM
It's also worth considering that they don't want to know about . "convictions". It's about "serious convictions" which I believe has a specific definition. I've noticed various anti-brexit commentators suggesting it applies to minor convictions such as football hooliganism. I'm quite happy not to correct them if it mean some opposition to this madness.

Here's the list of offences that are deemed 'serious' in the proposed ETIAS legislation: 

ANNEX
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 

AB2014
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Yankee - 17 Dec 18 1:00 PM
tedstriker - 16 Dec 18 8:56 PM
It's also worth considering that they don't want to know about . "convictions". It's about "serious convictions" which I believe has a specific definition. I've noticed various anti-brexit commentators suggesting it applies to minor convictions such as football hooliganism. I'm quite happy not to correct them if it mean some opposition to this madness.

Here's the list of offences that are deemed 'serious' in the proposed ETIAS legislation: 

ANNEX
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 

It's worth remembering that it comes down to a combination of the ten-year period and this list of serious offences. So, if someone was convicted of a serious crime over ten years previously, they wouldn't need to disclose it. If they were convicted of an offence not covered by this list then they would never have to disclose it. Some people without access to this forum are getting quite worked up about this, and some politicians and commentators are even scaremongering. That's quite a stretch for some of them, because suddenly we're not the lowest of the low, we're plucky Brits being oppressed by the EU monolith. Or words to that effect. Whatever next?

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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)

CC
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AB2014 - 18 Dec 18 10:42 AM
Yankee - 17 Dec 18 1:00 PM
tedstriker - 16 Dec 18 8:56 PM
It's also worth considering that they don't want to know about . "convictions". It's about "serious convictions" which I believe has a specific definition. I've noticed various anti-brexit commentators suggesting it applies to minor convictions such as football hooliganism. I'm quite happy not to correct them if it mean some opposition to this madness.

Here's the list of offences that are deemed 'serious' in the proposed ETIAS legislation: 

ANNEX
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 

It's worth remembering that it comes down to a combination of the ten-year period and this list of serious offences. So, if someone was convicted of a serious crime over ten years previously, they wouldn't need to disclose it. If they were convicted of an offence not covered by this list then they would never have to disclose it. Some people without access to this forum are getting quite worked up about this, and some politicians and commentators are even scaremongering. That's quite a stretch for some of them, because suddenly we're not the lowest of the low, we're plucky Brits being oppressed by the EU monolith. Or words to that effect. Whatever next?

I dont have any immediate plans to travel abroad but I am curious to understand how this would work. My offence was 14+ years ago but due to a very slow process I wasn't charged for three and a half years so I am on the sor until 2022 counting from release(first notification) I have to notify of all foreign travel so I am unsure how this would affect me not having to disclose my offence at the border when they would presumably be notified anyway I imagine.
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CC - 18 Dec 18 8:18 PM
AB2014 - 18 Dec 18 10:42 AM
Yankee - 17 Dec 18 1:00 PM
[quote]
tedstriker - 16 Dec 18 8:56 PM
It's also worth considering that they don't want to know about . "convictions". It's about "serious convictions" which I believe has a specific definition. I've noticed various anti-brexit commentators suggesting it applies to minor convictions such as football hooliganism. I'm quite happy not to correct them if it mean some opposition to this madness.

Here's the list of offences that are deemed 'serious' in the proposed ETIAS legislation: 

ANNEX
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 

It's worth remembering that it comes down to a combination of the ten-year period and this list of serious offences. So, if someone was convicted of a serious crime over ten years previously, they wouldn't need to disclose it. If they were convicted of an offence not covered by this list then they would never have to disclose it. Some people without access to this forum are getting quite worked up about this, and some politicians and commentators are even scaremongering. That's quite a stretch for some of them, because suddenly we're not the lowest of the low, we're plucky Brits being oppressed by the EU monolith. Or words to that effect. Whatever next?

I dont have any immediate plans to travel abroad but I am curious to understand how this would work. My offence was 14+ years ago but due to a very slow process I wasn't charged for three and a half years so I am on the sor until 2022 counting from release(first notification) I have to notify of all foreign travel so I am unsure how this would affect me not having to disclose my offence at the border when they would presumably be notified anyway I imagine.How it impacts you will depend on your offence.  If it is on the list of serious offences then you are probably going to be refused an ETIAS until 2020. If your offence is not on the serious offences list, you will have to declare your conviction until 10 years has passed from date of conviction but that alone should not prevent you from receiving an ETIAS.

That's the theory and how the legislation is currently worded. Of course, whether it ends up like that in practise or some do-gooder within the EU decides that anyone on SOR is an automatic threat / risk, only time will tell.


BenS
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CC - 18 Dec 18 8:18 PM

I dont have any immediate plans to travel abroad but I am curious to understand how this would work. My offence was 14+ years ago but due to a very slow process I wasn't charged for three and a half years so I am on the sor until 2022 counting from release(first notification) I have to notify of all foreign travel so I am unsure how this would affect me not having to disclose my offence at the border when they would presumably be notified anyway I imagine.

Currently, everyone who notifies foreign travel under the SOR is automatically added to the SIS II (Schengen Information System). This is under what they call an Article 36(2) alert. The police have no discretion in this - unlike when notifying non-European travel, where they assess on a case-by-case basis how much of a risk (or not) you are, and use that to decide whether or not to inform the destination country of your plans. I have travelled to Canada, Mexico, Thailand and Kenya while notifying on the SOR and have had no problems upon arrival. Yet ironically, when I arrive in France I am grilled by passport control, despite (for the moment) having the automatic right to travel, live and work there!

With sex offences inevitably being on the list of disqualifying offences for ETIAS and with all European travel by RSOs being mandatorily added to SIS II, they will find out when you arrive at passport control and scan your passport, so you can't lie like when going the US and hoping they don't have the info. From the list above and the info provided by other users, It looks to me like anyone on the SOR will be unable to travel to Europe, period, and will only be able to go there again once they are off the SOR. Of course, I hope I am wrong on this.

While people with a record for any other kind of offence can risk lying on the ETIAS form and perhaps get through (because they don't need to tell anyone about their movements), people who have to do an SOR notification won't be able to do this as their details will be put straight onto SIS II.
CC
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BenS - 2 Jan 19 10:56 AM
CC - 18 Dec 18 8:18 PM

I dont have any immediate plans to travel abroad but I am curious to understand how this would work. My offence was 14+ years ago but due to a very slow process I wasn't charged for three and a half years so I am on the sor until 2022 counting from release(first notification) I have to notify of all foreign travel so I am unsure how this would affect me not having to disclose my offence at the border when they would presumably be notified anyway I imagine.

Currently, everyone who notifies foreign travel under the SOR is automatically added to the SIS II (Schengen Information System). This is under what they call an Article 36(2) alert. The police have no discretion in this - unlike when notifying non-European travel, where they assess on a case-by-case basis how much of a risk (or not) you are, and use that to decide whether or not to inform the destination country of your plans. I have travelled to Canada, Mexico, Thailand and Kenya while notifying on the SOR and have had no problems upon arrival. Yet ironically, when I arrive in France I am grilled by passport control, despite (for the moment) having the automatic right to travel, live and work there!

With sex offences inevitably being on the list of disqualifying offences for ETIAS and with all European travel by RSOs being mandatorily added to SIS II, they will find out when you arrive at passport control and scan your passport, so you can't lie like when going the US and hoping they don't have the info. From the list above and the info provided by other users, It looks to me like anyone on the SOR will be unable to travel to Europe, period, and will only be able to go there again once they are off the SOR. Of course, I hope I am wrong on this.

While people with a record for any other kind of offence can risk lying on the ETIAS form and perhaps get through (because they don't need to tell anyone about their movements), people who have to do an SOR notification won't be able to do this as their details will be put straight onto SIS II.

Thanks Ben, not good then but at least its clear to me now. Hope you had a good new year.
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My company has just been purchased by a European company... I may be required to travel overseas in future. It's not good, but I will deal with that if the need arises. 

The 10-year rule seems sensible, and hopefully that threshold will pass (for me) by the time the visa is implemented.  For me, however, one of the biggest concern is the sharing of information post-brexit. Many of the rules we have been bound by (and included with) will no longer be relevant. I would like to know some facts about how Europe would be required to protect data and not share with companies such as the US. I am also concerned that when our country descends into chaos, we may strike-up data sharing agreements with countries such as the US.

It depresses me, but to be fair - there is little we can do about it. I hear Brighton is lovely in the summer Smile
GO


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