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Travelling to Mexico

Summary

If you’re visiting Mexico as a tourist you don’t need a visa, but you will need a tourist card, which you can get on arrival by completing an immigration form available at border crossings or on-board flights to Mexico. The tourist card does not ask any questions about cautions or convictions.

You may need a visa to undertake certain adventure or eco-tourism activities like caving, potholing or entomology, especially if they involve any scientific or technological research.

If you’re in any doubt, check with the Mexican Embassy in London well in advance of your visit and ask for written confirmation if necessary.

Tourist Card (FMM) Facts:

  • The FMM is a document issued by Mexico’s INM (Instituto Nacional de Migración)
  • Casually called a tourist card or tourist visa
  • Issued to U.S., Canadian and other nationalities for vacation purposes
  • Requires a valid passport or passport card
  • Cost as of February 2013, $295 Pesos (appx U.S. $25) per person
  • May be issued for up to 180 days

What information is asked on the tourist card (FMM) form?

The following information as it appears on your passport:

  • Full name
  • Nationality
  • Date of birth
  • Passport number
  • Purpose of trip
  • How you are entering Mexico: air, sea, land

Is the tourist card (FMM) available online?

No. It must be obtained from an INM office.

Is it possible to enter and exit Mexico multiple times with the same tourist card (FMM)?

Tourist cards (FMM) are not multiple entry and therefore, each time you enter Mexico, you will need a new one.

What if I lose my tourist card (FMM)?

If you lose your tourist card, visit the nearest INM office in order to obtain a new one.

Does the tourist card (FMM) have to be returned to INM?

Yes. The back of the FMM document states “…surrender it upon leaving the country.”

Tourist Card Tips:

  • Make sure that the Mexican officials stamp your card.
  • Keep your card in a safe place.
  • It is recommended to write down your FMM number in case it is lost or stolen.
  • Return the tourist card (FMM) to an INM office upon leaving Mexico.

Travelling to New Zealand

Do I need a visa?

You may need a Visitor Visa if you intend to stay temporarily in New Zealand. You can use the Visa Wizard to check.

If you are a UK passport holder who can provide evidence of the right to reside permanently in the UK you can be granted a Visitor Visa for up to 6 months under the Visa Waiver System. You will be required to complete an arrival card on the aircraft/ship on your way to New Zealand. You must also:-

  • Hold a valid ticket out of New Zealand to a country you have the right of entry to
  • Have enough money to support yourself during your stay
  • Hold a passport valid for 3 months beyond the date you are leaving New Zealand

If you are not eligible to travel through the Visa Waiver System, then you will need to apply for a Visa.

The following people will not be eligible for a Visa unless a character waiver is granted:-

• People with criminal convictions for immigration, citizenship or passport offences
• People convicted of offences for which they have been imprisoned
• People who have provided false or misleading information
• Certain excluded, deported or removed people
• People wanted for questioning, under investigation for, or charged or convicted of criminal offences over a set threshold

Unsubstantiated allegations and civil matters are not sufficient to demonstrate that a person is not of good character. People are, however, required to declare whether or not they are under investigation by a law enforcement agency in any country.

In the case of character waivers, each application is considered on its individual merits and taking into account, for example, the seriousness of an offence, the number of offences and how long ago the offence occurred.

Good character

Under sections 15 and 16 of the Immigration Act they will not grant you a visa if:

  • you have been convicted and sentenced to imprisonment for 5 years or more (this applies even if any of your offences have later been taken off the record)
  • in the past 10 years you were convicted and sentenced to imprisonment for 12 months or more
  • you are subject to a period of prohibition on entry to New Zealand under section 179 or 180 of the Immigration Act 2009
  • you have been deported or removed from New Zealand under any enactment (whether before or after the commencement of the Immigration Act 2009)
  • you are excluded from New Zealand under any enactment
  • you have, at any time, been removed, excluded, or deported from another country
  • you have been involved in terrorist activities, or belonged to or supported any organisation involved in terrorist activities
  • it is believed you are likely to commit – or to assist others to commit – criminal or drug offences, or an act of terrorism, in New Zealand
  • it is believed you are likely – due to any international circumstances – to be a danger to New Zealand’s security or public order
  • it is believed you are associated with an organisation or group that has criminal objectives or is engaged in criminal activities and for that – or any other reason – you’re considered to be a threat to the public interest or public order of New Zealand.

They carry out character checks on everyone 17 years or over included in residence applications or applying for temporary entry for 24 months or longer. They may also undertake a character check on anyone else that they consider may not meet their character requirements.

Providing evidence of good character

You’ll have to provide a police certificate as evidence of your good character.

Conditional discharge

 

Who is it issued by and how can I contact them?

Issued by the court – contact the relevant court.

Does it involve guilt?

Yes – it is passed when the court finds you guilty but does not pass a sentence, on the condition that you don’t reoffend within a specified time period. If a crime is committed within that period, you can be re-sentenced for the original offence. You may still have to pay compensation, prosecution costs or be disqualified from driving.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

No, unless the conditional discharge is breached and you are re-sentenced for the original offence. However for the purposes of filtering, it would be dealt with as a conviction.

How long will it be on my record?

It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.

When does it become spent?

At the end of the order.

When do I have to declare it?

Before it is spent you need to declare it, when asked, to employers, insurers and for some other financial checks. After it’s spent, it will still be disclosed on standard or enhanced checks, unless it is eligible for filtering.

Is it disclosed on DBS checks?

Yes, it is disclosed by both the standard and enhanced checks unless it is eligible for filtering. Once it’s spent, it will not be disclosed on a basic check.

Employers with particularly negative policies towards people with convictions

This page lists those employers that we’re aware of that have particularly negative policies towards people with convictions. This links to our work to support and challenge employers.

Against each employer, we briefly explain why we think their policy is particularly negative.

If you come across an employer with a particularly negative policy, please let us know – email the details (in confidence) to debbie.sadler@unlock.org.uk.

Please note: We are focusing on this page on companies that have negative or blanket policies. Although a company may have refused to employ an individual with a criminal record, this may not necessarily be because of a particularly negative policy, but rather the result of a case-by-case approach. On this page we are looking for general policies or statements that indicate that employers take blanket approaches towards criminal records. However, some employers publicly claim to have a case-by-case approach, when in reality there is little consideration of individual circumstances. In these situations, where may include the company here and explain the reasons for doing so.

Amazon

Amazon has told us that they have a policy of not employing people with unspent convictions.

 

DHL Express

In a response on Twitter in August 2016, DHL Express UK said “DHL Express won’t employ anyone with a criminal conviction”.

Twitter Aug 2016

E.ON UK

E.ON told us that they have a policy of not knowingly employing people with unspent convictions.

 

Royal Mail

Royal Mail has a long list of offences which, if unspent, means that you won’t be employed by them. This type of ‘blanket’ policy is something we try to encourage employers against. This list can be found under the Criminal Convictions page of the Royal Mail website.

 

Mitchells & Butlers

Mitchells & Butlers Plc runs approximately 1784 pubs, bars and restaurants. Included in their brand is Vintage Inns, Harvester, Toby Carvery, All Bar One, as well as several others. Mitchells & Butlers have confirmed to us that “they do not have a blanket policy of not employing people who have a conviction. Those with spent convictions are welcome to apply, like anyone else, however it is our policy to not consider those with unspent convictions”.

Travelling to South Africa

If you are visiting South Africa for up to 90 days on holiday, you do not require a visa.  The basic requirements for entry that may be requested by an Immigration Officer are:

  • Your passport must be valid for no less than 30 days after the expiry of an intended visit.
  • Your passport must have a blank Visa page.
  • A vaccination certificate (if required)
  • Proof of sufficient funds to cover living expenses whilst in South Africa
  • Applicants travelling by air must be in possession of a return or onward ticket
  • Statement and/or documentation confirming purpose and duration of visit
  • Proof of fixed employment or other commitments

The three month period may be extended by a District or Regional Office of the Department of Home Affairs for an additional three months providing an application for an extension is made 30 days prior to expiry of the original permit.  The approval of such an application is at the discretion of the Regional/District Representative.

Court fine

Who is it issued by and how can I contact them?

Issued by the court – contact the relevant court.

Does it involve guilt?

Yes.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

Yes.

How long will it be on my record?

It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.

When does it become spent?

One year after conviction.

When do I have to declare it?

You do not have to declare it after it is spent except for an occupation exempt from the Rehabilitation of Offenders Act, like working with children. Before it is spent you do need to declare it, when asked, to employers, insurers and others

Is it disclosed on DBS checks?

Yes, it will be disclosed by both standard and enhanced checks unless it is eligible for filtering. Once spent, it will not be disclosed on a basic check.

What guidance is there on fair process?

The court decides the amount for the fine based on the offence and your ability to pay, according to guidelines set by the Sentencing Council. Legislation can be found here.

Do I have the right to appeal and what is the process?

The maximum fine allowed in a magistrates’ court is £5000, but fines are unlimited in the Crown Court. If you can’t pay a court fine, contact the court saying why you can’t pay and include proof of your financial circumstances. The amount cannot be reduced by appeal but you can appeal the overall sentence.

What are the implications for life in the community?

You may need to speak to a debt adviser or the Citizens Advice Bureau. If you can’t pay the fine, action might include further court hearings, clamping/selling your car, taking money from your wages or benefits, bailiffs coming to your home to seize possessions.

Financial services sector

Aim of this page

FCA approval is required for positions which perform a ‘controlled function’. This function is exempt from the Rehabilitation of Offenders Act 1974, and is therefore eligible for a standard DBS check.

The aim of this page is to set out how your criminal record might affect your application to be FCA approved.

It’s part of our information on looking for (and keeping) employment and volunteering.

Why is this important?

It’s important to understand whether a role you are applying for is regarded as a ‘controlled function’ and therefore eligible for a standard DBS check. If it is eligible then being clear about what you need to disclose and how it is likely to be dealt with will hopefully improve your chances of success.

Does a role require a standard check?

We worked in the FCA in 2014 to update their website with information on the types of roles are regarded as ‘controlled functions‘. The website now has some additional explanation, explaining some general rules of thumb about what constitutes a controlled function (in addition to the descriptive list of titles).

It’s not possible to state which roles do not require FCA approval, but the FCA has offered that anyone with spent convictions who is unclear about whether a role requires approval, and therefore a standard check, can ring the FCA for guidance on their particular case.

Contact details for the FCA are:

UK: 0845 606 9966 (call rates may vary), 0300 500 0597
From abroad: +44 20 7066 1000
Email: firm.queries@fca.org.uk

How do I know which controlled functions I need to be approved for?

Not all controlled functions apply to all companies, and it may not be necessary for organisations to have all employees approved by the FCA.

A company that only deals with mortgages and/or general insurance business, does not need to apply for every individual in the company to be approved to advise on mortgages and general insurance products. It would be enough for one individual (for example a director) in the company to be approved.

A retailer whose main business is not financial services but who sells insurance policies will only need approval for the person who holds a senior management role and overseas systems and controls.

What information will I need to disclose?

Details on what will be disclosed on a standard DBS check can be found here. Further FCA guidance around disclosure can be found on the FCA site under disclosing criminal convictions.

What happens if I don’t disclose?

It’s important that you disclose everything that you need to disclose when you apply. Find out whether your cautions or convictions are eligible for filtering before you complete your application. Being open and honest will count in your favour and the success of your application could be affected if the FCA find that you have withheld information or provided false or incomplete facts. If you are in any doubt about what’s on your criminal record then apply for a Subject Access Request so that you’ll be clear about what’s going to be disclosed.

Will the FCA approve me?

The FCA took over from the FSA in 2013. The FCA doesn’t have any specific documentation available publicly about who they will grant approval to, but details of the FSA’s approach to people with criminal convictions is detailed in Applications for approval – our approach to adverse disclosures.

Every applicant will be considered on their fitness and propriety. The most important considerations will be:

  • honesty, integrity and reputation
  • competence and capability, and
  • financial soundness

The FCA will review each application on a case-by-case basis and will consider:

  • The nature of the offence and the relevance to the controlled function that the individual is to be approved to perform
  • Whether the nature of the offence raises questions about honesty, integrity and/or competence
  • The amount of time that has passed since the offence occurred
  • Whether the offence relates to an isolated incident or forms part of a pattern or behaviour.

Frequently asked questions

Yes. Anybody performing a governing function for an appointed representative must be an approved person.

However, for appointed representatives that carry out general insurance business, incidental to their main business (for example, a vet recommending specific pet insurance), only one person in the company needs to be an approved person. That person should be a director (or equivalent).

Personal experiences

The personal stories below have been posted on theRecord, our online magazine.

Discuss this with others

Read and share your experiences on our online forum.

Key sections include:

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

  • Disclosure and Barring Service – The DBS are responsible for carrying out standard and enhanced criminal record checks
  • FCA – The FCA is a regulator for financial services companies and financial markets in the UK

More information

  1. For practical information – For more information on looking for (and keeping) employment and volunteering and standard criminal record checks
  2. To read personal stories – You can read stories about this posted on theRecord, our online magazine
  3. To discuss this issue with others – Read and share your experiences on our online forum
  4. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page below
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum
  4. Share your personal story by contributing to our online magazine.

Detention and training order (under 18)

Who is it issued by and how can I contact them?

This sentence is given by a youth (magistrates’) court or Crown Court. You can contact the relevant court directly but it might be better to talk to your Youth Offending Team.

Does it involve guilt?

Yes.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

Yes.

How long will it be on my record?

It will remain on the PNC indefinitely and will be used in any future criminal proceedings.

When does it become spent?

Detention and training orders are treated as ‘prison’ sentences for the purposes of the Rehabilitation of Offenders Act.

Details of excluded offences can be found in Schedule 18 of the Sentencing Act 2020.

When do I have to declare it?

Before it is spent you have to declare it, when asked, by employers and financial institutions. According to the Rehabilitation of Offenders Act, after this conviction is spent you don’t have to disclose unless it is for an occupation which is exempt from the Act, like working with children.

Is it disclosed on DBS checks?

The basic disclosure will show only unspent convictions. Standard and enhanced disclosure will disclose a custodial sentence even after it is spent.

What guidance is there on fair process?

  • This sentence is only available for offenders aged between 12 and 17 and the length of a DTO will be between four months and two years.
  • Sentencing Council guidelines are here
  • National Standards for Youth Justice Services can be downloaded here.

Do I have the right to appeal and what is the process?

GOV.UK information on appealing a court decision can be found here.

What are the implications for life in the community?

The second part of the sentence is spent in the community during which you are supervised by the local youth offending team and need to comply with the terms of your contract.

Travelling to other countries

Based on the feedback we’ve received, the countries listed below either don’t require a visa or don’t ask any questions relating to criminal records on their landing/entry cards. However, this information is based on leisure/tourism travel, and it may be different for business/longer stays.

  • Andorra
  • Argentina
  • Brazil
  • Cambodia
  • Chile
  • Dubai
  • Hong Kong
  • Indonesia
  • Malaysia
  • The Philippines
  • Serbia
  • Singapore
  • Taiwan
  • Thailand
  • Vietnam

Please note: If you are on the Sex Offenders Register and have notified the police of your intention to travel a ‘Green Notice’ may be issued and ‘flagged’ via your passport. This ‘flag’ will alert overseas immigration “about a person’s criminal activities, where the person is considered to be a possible threat to public safety”. Overseas immigration officers will then decide whether to allow you entry or send you home.

Also, it’s worth remember that while this potentially means that the country that you’re travelling to might not have any specific requirements, there may be travel requirements on you because of your criminal record.

“I would like to update you with information about my experience when applying for Visas.

Namibia were great. Although UK visitors don’t need a visa, I checked about any problems I may have because of past convictions. They called me back and said I have served my time and they have no problem (as long as I don’t reoffend in their country!)

Botswana said I can enter without a visa.

Zimbabwe do require a visa which you can get on the border, or apply in advance.

Zambia also do require a visa which I will have to apply for and await the outcome.

So I recommend always contact the embassy or High Commission and be open about your conviction because the last thing you need is to be refused entry at the border having spent a lot of money on the trip”

 

This page was last fully reviewed and updated in April 2020. If you’ve spotted something that needs updating, please let us know by emailing the details to advice@unlock.org.uk.

Shotgun and firearms licence

This is a short information page about applying for a shotgun or firearms licence.

It forms part of our information section on other areas of life affected by a criminal record.

Who do I apply to?

To apply for a shotgun or firearms licence, you must apply to your local Police force. For an example of this, see the Sussex Police Firearms Licensing page.

For further information about the application process, have a look at the GOV.UK website here.

Can I apply for a licence if I have a criminal record?

Section 21 of the Firearms Act 1968 prohibits a person from possession of any type of firearm if you have been given a custodial sentence when convicted of a criminal offence.

  • If you have received a custodial sentence (including a suspended sentence) of between 3 months and 3 years then you are prohibited for a period of 5 years from the date you are released.
  • If you have received a custodial sentence of 3 years or more then you are prohibited for life, from the date of release.

The prohibition may be lifted on application to the Crown Court. For further advice you should consult a solicitor.

What do I need to disclose to the police?

All previous convictions must be declared on the application form. It is an offence under Section 28A(7) of the Firearms Acts 1968-1997 to make a false declaration when answering this question. You are not permitted to withhold previous convictions by virtue of the Rehabilitation of Offenders Act 1975 (Exceptions) Order 1975 (see notes in Part A on the application form).

Not all convictions are relevant but your age when they were committed and the length of time without re-offending are factors which are considered in addition to the seriousness of the offence.

The police will also ask for details of cautions/convictions of any person over the age of 18 who will be resident in the property where the firearms are going to be kept. If your partner is prohibited from possessing a firearm because they’ve received a custodial sentence in the past, then the police may refuse your licence application. Alternatively, they may issue you with a licence with certain conditions, for example that your partner doesn’t have any access to any of the weapons; you will be made aware that you would be committing an offence if you allowed your partner access.

If your application is refused, you will receive details of the reasons for the refusal and a full refund of your application fee.

Useful links

A Freedom of Information request by the BBC to the Isle of Man Constabulary revealed that nearly 40% of all registered gun and crossbow owners on the Isle of Man has a criminal record.

As of 31 March 2019, 2,003 people held certificates for firearms and regulated weapons with 789 of these (39%) having at least one conviction.

Although the above information doesn’t relate specifically to England and Wales, it’s interesting to see that it is possible to get a licence.

More information

  1. To discuss this issue with others – Read and share your experiences on our online forum.
  2. Questions – If you have any questions about this you can contact our helpline.

We want to make sure that our website is as helpful as possible.

Letting us know if you easily found what you were looking for or not enables us to continue to improve our service for you and others.

Was it easy to find what you were looking for?

Thank you for your feedback.

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