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  #1  
Old 03-09-2019, 07:13 AM
rockchalk1 rockchalk1 is offline
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Default Will this affect travel for felons & obtaining a visa?

I just read this article and wonder if this will have a negative impact on felons and their ability to attain a visa to travel to Europe. It will be interesting to see when this is put into place what the requirements will be in order to get one as it will really suck if a felon can't travel anywhere in Europe if that is one they are disqualified from getting a visa, even though that is not at all mentioned in this article. If anyone researches this further, please post anything you find out.

https://www.cnn.com/travel/article/u...021/index.html
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Old 03-10-2019, 04:40 AM
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I'll be sure to keep an eye on this - being in EU myself and having a LO in the U.S. who is a felon. I must not be following the news very carefully here as this is the first time I hear about this whole thing...will be doing research once I have a bit more time in my hands Thanks for posting!
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Old 03-10-2019, 05:25 AM
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This is the first time I have heard about it as well.
At the moment European visitors to the USA have to a apply for an ESTA. We have to provide information including if we have ever been arrested and or convicted of a criminal offence. Answering yes would make us ineligible to visit on an ESTA and we would need to apply for a visa at the embassy before travel.
I am not sure about the process for American visitors to Europe. I dont think any visa is required at present so this will be a change. Certainly worth watching.
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Old 03-10-2019, 10:57 AM
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Quote:
Originally Posted by maytayah View Post
At the moment European visitors to the USA have to a apply for an ESTA.
Yes - and I think this is what this whole thing is referring to as well - we need ESTA when travelling to the U.S. from Visa Waiver countries in Europe....and in the future, Americans will need an ETIAS when they travel to Europe too, because Americans do not need a Visa to travel to most countries in Europe. This is not a Visa they are referring to - if there are special circumstances and you won't be approved for ETIAS, then you would probably try to appeal and/or see if you could get a Visa. If I understand this correctly, it is basically Europe adopting the same process USA has with us now - only the ETIAS will be valid for three years at a time when ESTA, I believe, is valid for two years.

QUOTE
The ETIAS authorisation is not a visa. Once operational, it will carry out pre-travel screening for security and migration risks of travellers benefiting from visa-free access to the Schengen area. When arriving at the EU borders travellers will need to have both a valid travel document and an ETIAS authorisation.UNQUOTE

More info on HERE.

TRAVEL TO EUROPE WITH A CRIMINAL RECORD WITH ETIAS

Once the ETIAS authorization is implemented, travelers from previously visa-exempt countries will be required to complete an ETIAS application online for stays up to 90 days with a 180-day period of any of the 26 Schengen member states.

The ETIAS requirements will involve having an eligible passport valid for at least 6 months upon entry to the Schengen Area, and will also require applicants to answer a series of questions about security and health matters.

Although these are yet to be finalized, the application is expected to include questions regarding criminal history. However, as the system is geared towards identifying terrorist threats, those going to Europe with a criminal record for a minor offense are unlikely to face complications with the application and should be able to get an ETIAS visa waiver without problems.

CAN I TRAVEL TO EUROPE WITH A SERIOUS CRIMINAL RECORD?

Travelers going to Europe with a criminal record for a holiday are currently not asked about minor offenses, especially upon entry to any of the 26 countires in the Schengen passport-free zone.

Travelers with more serious offenses may face problems entering the Schengen Area ETIAS countries for short stays. Those who have served more than 3 years of jail time, or have been convicted of human trafficking or drug offenses with more than 2 years of jail time, are likely to be refused entry.

However, the policy can vary between countries. For example, Germany has much stricter rules than most of the other Schengen member states, as the county reserves the right to immediately deport anyone with:

A public order conviction with a sentence of more than 3 years.
Drug offenses with a sentence of more than 2 years.
Any offense related to human trafficking.
However, German border officials are more concerned with offenses commited within their own country rather than outside the EU, as is also the case in the United Kingdom. However, the UK also employs the concept of ‘spent’ convictions, which can allow travelers with a criminal record to enter the country if they are considered rehabilitated.

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.

If the imprisonment is considered ‘spent’ then the traveler does not even need to declare the conviction, and it cannot be used against them even if immigration officials are aware of the offense.

Finally, those going to Europe with a criminal record should bear in mind that the final decision for entry often comes down to the individual discretion of the border control official, so it’s important to be polite and truthful when presenting your case.
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Old 03-10-2019, 11:21 AM
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Originally Posted by Sarianna View Post
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.
Good gravy. Given the freakishly long sentencing for non-violent crimes in the US, this is a huge number of people. The CNN article estimates that 95% of applicants will be approved immediately. I guess there just aren't a lot of ex-lifers wanting to travel to Europe?
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Old 03-14-2019, 02:13 AM
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Welp, there goes our 10th anniversary trip to Paris.
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Old 03-14-2019, 03:38 AM
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As a dual citizen this sucks. Can’t travel to either of my countries with him if he gets out lol. I guess my British passport is a useless piece of cardboard now because I’d want to share that experience with him.
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Old 03-14-2019, 04:14 AM
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I think it's perfectly fine that the EU finally did something about the flood of people who are soley coming to stay. I have nothing against refugees, happy to help, but this is perfectly fine since we had to do it forever to come to the US.
As far as my boyfriend is concerned it will be hard either way, he is and will be a felon for some time to come and who knows what's in effect by the time he will get his passport... So no real set-back but a measurement that is necessary...
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Old 03-16-2019, 09:33 PM
rockchalk1 rockchalk1 is offline
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Quote:
Originally Posted by Sarianna View Post
Yes - and I think this is what this whole thing is referring to as well - we need ESTA when travelling to the U.S. from Visa Waiver countries in Europe....and in the future, Americans will need an ETIAS when they travel to Europe too, because Americans do not need a Visa to travel to most countries in Europe. This is not a Visa they are referring to - if there are special circumstances and you won't be approved for ETIAS, then you would probably try to appeal and/or see if you could get a Visa. If I understand this correctly, it is basically Europe adopting the same process USA has with us now - only the ETIAS will be valid for three years at a time when ESTA, I believe, is valid for two years.

QUOTE
The ETIAS authorisation is not a visa. Once operational, it will carry out pre-travel screening for security and migration risks of travellers benefiting from visa-free access to the Schengen area. When arriving at the EU borders travellers will need to have both a valid travel document and an ETIAS authorisation.UNQUOTE

More info on HERE.

TRAVEL TO EUROPE WITH A CRIMINAL RECORD WITH ETIAS

Once the ETIAS authorization is implemented, travelers from previously visa-exempt countries will be required to complete an ETIAS application online for stays up to 90 days with a 180-day period of any of the 26 Schengen member states.

The ETIAS requirements will involve having an eligible passport valid for at least 6 months upon entry to the Schengen Area, and will also require applicants to answer a series of questions about security and health matters.

Although these are yet to be finalized, the application is expected to include questions regarding criminal history. However, as the system is geared towards identifying terrorist threats, those going to Europe with a criminal record for a minor offense are unlikely to face complications with the application and should be able to get an ETIAS visa waiver without problems.

CAN I TRAVEL TO EUROPE WITH A SERIOUS CRIMINAL RECORD?

Travelers going to Europe with a criminal record for a holiday are currently not asked about minor offenses, especially upon entry to any of the 26 countires in the Schengen passport-free zone.

Travelers with more serious offenses may face problems entering the Schengen Area ETIAS countries for short stays. Those who have served more than 3 years of jail time, or have been convicted of human trafficking or drug offenses with more than 2 years of jail time, are likely to be refused entry.

However, the policy can vary between countries. For example, Germany has much stricter rules than most of the other Schengen member states, as the county reserves the right to immediately deport anyone with:

A public order conviction with a sentence of more than 3 years.
Drug offenses with a sentence of more than 2 years.
Any offense related to human trafficking.
However, German border officials are more concerned with offenses commited within their own country rather than outside the EU, as is also the case in the United Kingdom. However, the UK also employs the concept of ‘spent’ convictions, which can allow travelers with a criminal record to enter the country if they are considered rehabilitated.

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.

If the imprisonment is considered ‘spent’ then the traveler does not even need to declare the conviction, and it cannot be used against them even if immigration officials are aware of the offense.

Finally, those going to Europe with a criminal record should bear in mind that the final decision for entry often comes down to the individual discretion of the border control official, so it’s important to be polite and truthful when presenting your case.
Thanks for posting this more thorough info. My husband was only sentenced to 18 months and for a white collar crime, so if this holds true, then he won't have any issues, but he would be one of the lucky ones. It would be a shame the number of people that would not be able to travel to Europe - it's an amazing continent. Already we're bummed that it appears Japan and Australia are out. He's been to Australia but it's on my bucket list.
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