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Travelling to the US – Will I get a visa?

Aim of this information

This section looks at how the Embassy makes their decision to either issue a visa or decline the application; it also provides examples of some success stories.

It forms part of our information on travelling to the US including:

Why is this important?

Once you’ve submitted your visa application and attended the interview at the embassy the next step will be waiting to find out whether your application has been successful. Consular officers at the embassy probably won’t tell you on the day of the interview what their decision is likely to be. It helps to have an understanding of what factors they take into account when making a decision in order that you’re able to address any concerns they may have when you attend the interview. It is also important to know what options are open to you if you are found to be ‘permanently ineligible’.

How do the Embassy make their decision?

Who is regarded as ineligible for a visa?

If you are ineligible to travel under the Visa Waiver Programme (VWP) then you will generally be regarded as being ineligible for a visa. However, the interview at the embassy will give you the opportunity for your case to be assessed by a consular officer.

For further information on those who are normally ineligible, see the Bureau of Consular Affairs website. This refers to section 212 of the Immigration and Nationality Act.

Who is likely to be granted a visa?

The consular officer will take certain important factors into consideration such as:

  • the egregiousness (offensiveness or seriousness) of the crime
  • the severity of the penalty
  • other criminal activity
  • how much time has elapsed between the time the offence was committed and the visa application.

The emphasis of the interview from your position should be to persuade the interviewing officer that you are an upstanding member of society who would not engage in further criminal activity within the US. For further information on how you can increase your chances of being successful go to our Information hub page, Travelling to US – Applying for as visa – STEP 5 – Attend the interview.

Below you will find links to various guidelines by the US authorities for dealing with applications. However, these are very much discretionary, and do not amount to blanket policies, hence the reason for an interview at the US Embassy. The US Department of State Foreign Affairs Manual Volume 9 – Visas also contains some useful information about how the US makes their decision as to whether to grant a visa, but very often it will simply be a case of making an application and awaiting the decision.

Generally inadmissible (1) – Crimes involving moral turpitude

The Immigration and Nationality Act states that, in general, anybody convicted of, or who admits to committing, or acts which constitute the essential elements of a crime involving moral turpitude (other than a purely political offence), is inadmissible.

There is an exception to this general inadmissibility if you have committed a crime involving moral turpitude where you only committed one crime and either:

  1. The crime was committed when you were under 18 years of age, and the crime was committed (and you were released from any prison sentence imposed for the crime) more than 5 years before the date of application for a visa; or
  2. The maximum penalty possible for the crime that you were convicted of did not exceed imprisonment for one year and you were not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
Generally inadmissible (2) – Crimes involving controlled substances

The Immigration and Nationality Act states that, in general, anybody convicted of an offence relating to a controlled substance is inadmissible.

Generally inadmissible (3) – Convicted of two or more offences

You are generally inadmissible if you have been convicted of 2 or more offences (other than purely political offences), regardless of whether the conviction was in a single trial or whether the offences involved moral turpitude, for which the total aggregate sentences to prison were 5 years or more.

Deciding to issue a visa

Having reviewed the information you’ve submitted and taken into account the details provided at the interview, the consular officer at the embassy will make a decision on whether to issue you with the visa you have applied for.

If you are successful, the consular officer will inform you verbally that:

  1. They will be granting you a visa; or
  2. They will be recommending you to the United States Department of Homeland Security Customs and Border Protection (DHSCBP) for a waiver of ineligibility.

If the consular officer decides that you are ineligible to receive a visa, your application will be denied. You will be informed verbally and in writing of the reason for the denial based on the applicable section(s) of law.

Waivers of ineligibility

If the US Embassy finds you permanently ineligible to receive a visa, it will mean a lifetime exclusion from the United States unless you obtain a waiver of ineligibility from the United States Department of Homeland Security Customs and Border Protection.

The granting of a waiver by the US authorities is not automatic and is based on several factors, including nature of the crime committed, sentence served and the period of time which has elapsed since the conviction.

How do I get a waiver of ineligibility?

If a favourable recommendation is made to the DHSCBP for a waiver of ineligibility by the US Embassy, the application will take a minimum of eight weeks to process; some applications may take longer.

The Immigration and Nationality Act provides for waivers of ineligibility for visas and inadmissibility to the US for most non-immigrant visa classifications. The statute confers upon consular officers the discretionary function of recommending waivers of ineligibility to Department for Homeland Security (DHS), which has sole authority for granting or denying waivers. If a waiver if not recommended to DHS, a waiver will not be granted and the non-immigrant visa sought will not be issued.

In deciding whether or not to recommend a waiver, consular officers will consider the following factors, amongst others:

  • The recency and seriousness of the activity or condition resulting in your inadmissibility;
  • The reasons for the proposed travel to the US; and
  • Any effect, positive or negative, of the planned travel on US public interests.
How do I apply for a waiver of ineligibility?

If you are inadmissible due to having committed a crime involving moral turpitude, you can apply for a waiver of ineligibility under Section 212(h) of the Immigration and Nationality Act if you can establish that:

  1. (a)  The activities for which you are excluded occurred more than 15 years before the date of your application for a visa; (b)  Your admission to the US would not be contrary to the national welfare, safety or security; and (c)  You have been rehabilitated; or
  2. In certain cases involving close relatives (see below); or
  3. If you are a Violence Against Women Act (VAWA) self-petitioner

No waiver shall be provided to those who have been convicted of (or has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture.

More information about waivers of ineligibility is available here.

Close relatives 

If you are the spouse, parent, son or daughter of a US citizen or an individual lawfully admitted for permanent residence in the United States, you may apply for a waiver if:

  • It is established to the Secretary of Homeland Security’s (DHS) satisfaction that denial of admission would result in extreme hardship to the US citizen or lawfully resident spouse, parent, son or daughter; and
  • The Secretary of Homeland Security (DHS) has consented to the application or reapplication for a visa for admission or adjustment of status to the United States.

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Successes

Feedback that we’ve received about successful visa applications include:

I received a caution for possession of a controlled substance (Class A) in 2009. By mid-2010, I had applied for and been granted a visa which was valid for 10 years. I went suited and booted and they just asked me whether I was still misusing drugs. I think possession is extremely minor in the spectrum of drugs-related offences.

 

After my last visa attempt in London two years ago, I bit the bullet and tried again for my B2 visa applying to the US Consulate in Belfast. I arrived early and after being searched I walked to the back of the building and into a small office with three counters and an interview booth. I passed all my documents over and about 20 minutes later I was called to the interview booth and greeted by a really friendly American lady. She asked me lots of questions all the time typing away at her screen. Eventually she thanked me for being so upfront and honest and said “its my decision to grant you your visa for 10 years.” Now I’m just waiting for my passport to come back.

 

Just had my visa interview. I arrived early and made sure I dressed in a suit and tie. I gave all my documents to an official for registration and 30 minutes later I was called to a booth to speak with a US Immigration Officer. She asked me why I was travelling to the US and she wanted more details about my two convictions. She then told me to wait while she went to “check something”. Five minutes later she came back and said “Everything is fine, your visa has been approved”.  I won’t believe that I’ve overcome every hurdle until I set foot on American soil.

Personal experiences

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

Embassy interview to travel to the US

USA – here I come (at the second time of asking)

Discuss this with others

Read and share your experiences on our online forum.

Key sections include:

Useful links

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.

More information

  1. For practical information – More information on travelling to the US
  2. To read personal stories – You can read stories about this posted on theRecord, our online magazine under the tag of travelling to the USA
  3. To discuss this 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. Send your feedback directly to us
  2. Discuss your views and experience with others on our online forum
  3. Share your story by contributing to our online magazine, theRecord.

This page was last fully reviewed and updated in August 2017. If you’ve spotted something that needs updating, please let us know by emailing the details to advice@unlock.org.uk.

 

 

Counteracting negative ‘Google’ or other internet search results

Introduction

In a perfect world, we’d be able to remove all the unfair, outdated, and negative search results about ourselves.  In reality, most content is here to stay except in special circumstances. Remove what you can, but creating your own positive content to suppress the negatives is a practical way to control your image and improve your search results.

If you are looking to disappear from the web, then this isn’t the solution for you.  You’ll be creating more content about yourself, but you might be able to tip the balance from negative to positive.

For anybody looking to increase their positive profile on the web then there are a number of steps that you could consider.

Which sites should I create a profile on?

Certain sites consistently appear high in the search results.  By simply creating a profile on them with your name and a bit of identifying information, you can suppress negative results. Make sure that you set your privacy settings to be publicly viewed, and only post content that you’re absolutely sure you won’t regret later.

Some sites you could consider posting to include:-

Other sites

You can also use your real name to register on news websites and comment on articles, although these types of posts don’t tend to rank as highly as those on the sites listed above. If you’re prepared for a little self-censorship, posting under your real name can be a smart strategy for selling yourself.  Knowing that anything you say online may show up when someone Googles you, use your postings to your advantage: post intelligent, grammatically-correct, spell-checked, well-reasoned content.

Express yourself in the field in which you want to become established.  One of the ways that Google determines a site’s rank in search results is by analysing how many times other sites link to it.  You can get your content to rise by linking it to itself.  For example, create a Twitter account, connect that to your Facebook page, and link to all of them on your Blogger page.  Of course, the more you use your accounts and interact with other people, the more likely they are to link to your content, which drives your results even higher.

Is there anything else I need to consider?

If a search for your name is generally positive, but including a particular keyword brings up negative or unwanted results, try to reclaim that term.  For example if a search for “John Doe” is positive, but “John Doe” + “College” brings up negative results then John Doe should start including the phrase “College” in his positive content creation in order to associate it with his good reputation.

What else can I do?

On the 13th May 2014, a ruling by the Court of Justice of the European Union ruled that individuals could request that information be removed from Google’s search results.  It is unlikely that Google would agree to remove links for anybody with unspent convictions.  For further information see here.

For anybody looking for a fresh start and trying to avoid ‘informal’ disclosure, such as articles from newspapers and on-line then it may be worth considering changing your name.

Becoming a driving instructor

Aim of this page

There are approximately 40,000 driving instructors in the UK and every year there are around 1.5 million attempts at the driving test. At any one time there can be more pupils looking for lessons than there are instructors who can take them on, making this a popular career choice.

The aim of this page is to set out how a criminal record may affect your chances of becoming a driving instructor.

Why is this important?

To legally charge somebody for driving instruction in a car you must either:-

  • Be on the Approved Driving Instructor (ADI) Register
  • Have a trainee’s licence to give instruction by the ADI Registrar

You’ll need to meet the ‘fit and proper’ person criteria to become approved or get a trainee’s licence and it’s important therefore to understand how your criminal record may affect your chances of successfully getting onto the ADI Register.

 ADI Registrar:  Its role and powers

The ADI Registrar is responsible for the Driving and Vehicle Standards Agency’s ADI Register and can:-

  • Refuse to let you join or stay on the register if you don’t meet the registration rules
  • Remove you from the register in certain circumstances
  • Refuse readmission to you if you were previously removed for any of the above reasons

Responsibilities of an Approved Driving Instructor (ADI)

As an ADI, you will be responsible for your own safety, that of your pupil and other road users.

You will be expected to show:-

  • A high regard for all aspects of road safety
  • A high standard of driving and instructional ability
  • A professional approach to your customers
  • A responsible attitude to your pupils and profession
  • That you’re a ‘fit and proper’ person

The ‘fit and proper’ criteria

When deciding if you’re a ‘fit and proper’ person, the Driver and Vehicle Standards Agency (DVSA) will check to see if you have:-

  • Had any motoring or non-motoring cautions or convictions
  • Any penalty points on your licence
  • Been disqualified from driving
  • Been banned or barred from working with children under 18 years of age
  • Any court proceedings pending against you

Disclosing your criminal record

The DVSA will ask you to provide a copy of your enhanced Disclosure and Barring Service certificate at the time of applying to become an ADI.

They will carry out an initial risk assessment and may seek further representations from you. These will be assessed and a recommendation made to the Registrar.

Factors taken into account by the DVSA

Before reaching a decision as to whether you are a ‘fit and proper’ person, the DVSA will assess the risk that you may pose to your pupils by considering:

  • Whether your caution, conviction or other information revealed is relevant
  • The seriousness and circumstances surrounding your offence
  • Whether your conviction was part of a pattern of offending
  • What you have done to change your situation since you were convicted, i.e. any courses you’ve taken or treatment programmes attended etc.

What are the chances of your application being successful?

There are some situation where it’s very unlikely that your application would be accepted. These include:

Motoring offences

Where:

  • You have been disqualified from driving within the last 4 years
  • Where you have been found guilty of driving whilst under the influence of drink or drugs within the last 4 years
  • Your DVLA record shows you’ve been issued with a single fixed penalty notice, where 5 or more penalty points have been sustained
  • Your licence has 6 or more penalty points within the last 3 years under the totting up rules.

Non-motoring offences

This includes where:

  • You have been convicted of a sexual offence
  • You are on the sex offenders register
  • You have been convicted (or in some cases cautioned) for offences involving assault, drugs, fraud or theft and in particular, offences involving theft of tuition fees
  • You have been convicted or cautioned for providing illegal instruction, for example providing instruction for money or monies worth, while not registered or granted a trainee licence
  • You have been banned or barred from working with children under 18 years of age.

Appealing a driving instructor registration decision

You can appeal to an independent tribunal (the General Regulatory Chamber) if you disagree with a decision about your registration as an Approved Driving Instructor (ADI). The tribunal is independent of the government. You have 28 days in which to appeal a registration decision.

Further information on appealing can be found on the HM Courts and Tribunal Service website.

Discuss this with others

Read and share your experiences on our online forum.

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.

More information

  1. For practical information – More information on Employment
  2. To discuss this issue with others – Read and share your experiences on our online forum
  3. 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

This page was last fully reviewed and updated in October 2017. If you’ve spotted something that needs updating, please let us know by emailing the details to feedback@unlock.org.uk.

 

Improving your mental health

This is a short information page about improving your mental health. It’s for information only.  We are unable to provide advice on this.  For reasons why, click here.

 

People with convictions often feel unhappy, depressed, stressed or anxious. How we feel about ourselves affects the way we behave and how we cope with the worries of everyday life and the tougher times that we sometimes face.

The first step towards self-help is to admit that you are struggling. This does not mean you are “mentally ill” and many issues can be managed without the help of a GP by using the variety of self-help resources now available.

If you do need professional help, there is a wide range of support and services available to help you take back control of your life.

What is mental health and why is it important?

Mental health is a state of emotional and psychological well-being. It affects the way we think, feel and act. Good mental health enables us to meet the challenges of day-to-day life and allows us to feel joy and comfort.

Mental health disorders can also affect physical health leading to significant tiredness, sleeping problems, stomach pain, back pain, headaches, other forms of chronic pain, weight gain, diminished sexual desire and a weakened immune function.

Just like issues with physical health, problems with mental health can incapacitate us and prevent us from successfully managing our daily life. Mental disorders can make it difficult to find and keep a job and to get suitable housing. They can also lead to other serious drawbacks; people with convictions who have mental health illnesses are at an elevated risk of re-arrest and re-incarceration.

Caring for your mental health can improve your life and lead to fewer problems and struggles.

Who suffers from mental health problems?

Just like with physical health, anybody can suffer from mental health problems irrespective of their age, gender and background. About 1 in 4 people in the UK experience a mental health problem each year.

Certain factors can increase the risk of developing mental health problems:-

  • Having a blood relative (a parent or a sibling) with a mental illness
  • Stressful life situations such as financial struggles, a loved one’s death or a divorce
  • Brain damage as a result of a serious injury (traumatic brain injury) such as a violent blow to the head
  • Traumatic experiences such as military combat, assault or sexual abuse
  • Being abused or neglected as a child
  • Use of alcohol or recreational drugs
  • Having few friends or few healthy relationships

Do people with convictions have an elevated risk of mental health difficulties?

People with convictions are often exposed to several risk factors at the same time. This can be a reason why mental health problems are common among people with convictions. Around 70% of men and women in prison have two or more mental health problems such as depression and anxiety. Many have a history to attempted suicide and self-harm, while significant numbers have on-going illnesses such as schizophrenia and personality disorders.

Are mental health problems treatable?

Most mental health disorders – especially common ones such as anxiety and depression – are treatable. Some people recover completely, others learn to manage the problem effectively. There are a number of specialist services that provide various treatments, including counselling and other talking treatments. Crisis and home treatment teams can help in an emergency and provide help in your own home. Most people recover from mental health disorders without needing to go into hospital.

When to look for help

It is worth seeking help when:-

  • You experience distress (including sadness, anger, irritability, fear, anxiety, helplessness, confusion and embarrassment) for more than just a few hours at a time, or the distress lasts for longer periods of time such as weeks and months
  • You find that distress interferes with your everyday life
  • You’ve experienced an excruciating situation and you can’t seem to stop thinking about it
  • The distress you feel leads to risky thoughts and behaviour, such as considering suicide or harming yourself to alleviate painful feelings
  • You feel distressed frequently and you do not really know why
  • You continue feeling bad even when good things happen to you
  • You feel a need to use alcohol or drugs in order to feel better
  • You’ve lost someone or something important to you
  • A friend or family member tells you he or she is worried about you

How to find out what is wrong

The first step would be to make an appointment with your GP. They can refer you to Community Health Services to find out what is happening with you and how to best deal with the problem. Community mental health teams aim to provide the day-to-day support needed to allow a person with mental health problems to live in the community.

If you prefer not to go to your GP, you might be able to access support through a range of other services in the voluntary sector. Many of these will have websites or helplines that you can contact.

Unlock staff and volunteers are not experts on mental health issues, and we cannot offer specific help or advice, but the following is a summary of the websites that we found to be helpful.

Self-help

Talking

Simply talking about your feelings can help you stay in good mental health and deal with times when you feel troubled.  Read more at the Mental Health Foundation website.

Podcast

The Mental Health Foundation offers a number of free audio podcasts that can help you relax and improve your sense of wellbeing. They are designed to fit around your lifestyle and provide an introduction to the skills and techniques that can help you live a mentally healthier life.

NHS Moodzone

NHS Choices has a very useful page called Moodzone. The content is “sub-clinical”, which means it deals with feelings, mood and common life problems that are not clinical diagnoses. It is helpful if you have been feeling down for a few days, or you are having a stressful time which is causing you to feel worried and anxious. A good starting point is the online mood assessment quiz, which takes about 10 minutes to complete and offers useful information, interactive tools and videos to support you on your way to feeling better.

Professional services

GP

You should make an appointment to see your GP if you feel depressed or if you feel sad, hopeless and lose interest in things you used to enjoy. Mental health services are free on the NHS, but you will usually need a referral from your GP to access them.

Mental Health Services

If you want to talk to someone right away, or if you are in a crisis or emergency situation, the NHS Choices website has a list of mental health helplines and emergency telephone numbers.

Other help and advice

There is a huge range of organisations that can offer help and advice. Click here for further information.

For organisations that can provide counselling services click here.

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.

 

 

Accountant

General

There are no licence requirements to allow you to describe yourself as an accountant. However, to use the description “Chartered Accountant”, in England and Wales you must be a member of the Institute of Chartered Accountants. There are equivalents available in Scotland and Ireland. There are also various trade bodies within the Accountancy profession.

Registering

The Institute of Chartered Accountants England and Wales (ICAEW) is regarded as ‘entry into the profession’ as a Chartered Accountant. This means that a standard check could be done, and therefore you will need to disclose everything that would be disclosed on this type of check. Although there process appears to have changed since, previously you had to complete a manual application form which could be downloaded from their website. You would then make a declaration of your criminal record on this form and return it back to student services with your registration fee. Once this was received the assessment team will look at the application and would contact you to discuss it. If they then make the decision that you are not suitable to become a student they would return the registration fee in full within 3-5 working days. You should speak to the ICAEW directly for details on their latest below.

To register with the Association of Certified Chartered Accountants (ACCA), you have to apply via an online application form. On this application form there is a section marked ‘legal matters’ and this is the section where you are asked about your criminal record. Once you have submitted the form it will be looked at by the Professional Conduct Department who will be in contact with you. They assess each case on its own merit and will give you an answer as to whether they will allow you to become a student member after you have disclosed to them what your conviction was for. If they decline you, then they will refund you the payment you submitted in full.

With the Association of Accounting Technicians (AAT), on the application form they ask for a declaration about any convictions which are not yet spent. If you have unspent convictions, you will be asked for details of:

  • What your conviction was for
  • The circumstances leading up to your conviction (ie a full step by step account of what led to your conviction)
  • When you were convicted and the court which convicted you.
  • What sentence you received
  • A copy of your Certificate of Conviction (this is the official document from the court which convicted you, confirming what your conviction was for and the sentence you received)
  • Any other information you consider would be helpful to them in assessing your suitability.

Chartered Institute of Management Accountants (CIMA) will assess each application on a case by case basis. You will need to complete an online application form and make payment for registration. You will then need to email your details of your unspent convictions and they will then look at your application and make a decision whether to accept your application or not. If you are rejected as a student then your application fee will be refunded to you in full within 10 working days.

Pensions

This is a short information page giving brief details of what happens to your pension whilst you’re in prison. It’s for information only.  We are unable to provide advice on this.  For reasons why, click here.

 

What happens to my pension whilst I’m in prison?

Retirement pension is suspended when you go to prison. This means that you won’t actually receive any pension payments whilst you are in custody. If you have been held on remand but are not convicted of a criminal offence, you will receive all your pension back payments in a lump sum when you are released. If you are convicted, you lose your rights to a retirement pension until you are released.

You should be able to start a claim for state pension or pension credit just before leaving prison. However, payments will not commence until the Pension Service has received a ‘Notification of Discharge from Prison’ (Form B79).

Will my pension entitlement be affected by being in prison?

While you are in prison and not working or claiming benefits, your National Insurance Contributions will stop. This means that when you come to claim some benefits (i.e. State Retirement Pension), you may not be entitled to the full amount. Some people choose to pay voluntary contributions to plug the gap. However, you will need to consider carefully whether you need to top up. It may not always be right or beneficial for you to pay additional contributions as your entitlement to State Pension depends on how much you’ve already contributed and the date you reach State Pension age.

The amount of basic State Pension you are entitled to is based on your National Insurance Contributions record over your working life from age 16 until State Pension age. Your record comprises National Insurance Contributions paid or credited to you in each tax year. A minimum amount of contributions or credits is required for a year to count as a ‘qualifying year’ towards your overall contributions record.

Qualifying years needed for entitlement to the full basic State Pension

Pension Qualifying Years

How do I know if I have a gap in my National Insurance Contributions record?

‘Gap in your National Insurance record’ letter – If you reach State Pension age before 6 April 2016 you may have received a letter from HM Revenue & Customs (HMRC) telling you that there is a gap in your record. The letter isn’t a bill – but it will tell you how much you can pay if you want to fill the gap and how you can pay if you opt to do so.

State Pension Statement – The Department for Works and Pensions Future Pension Centre can provide you with a State Pension Statement that will give you an estimate of your State Pension based on current rules. Once you have this you can also tell whether there are any gaps in your National Insurance Contributions Record.

Statement of your National Insurance account – You can ask HMRC for a Statement of your National Insurance account. It will tell you how much, if anything, your gap is, whether you are able to make up that gap, and how you can pay if you wish to do so.

Deadlines for making up National Insurance Contribution gaps

You usually have to make up the gaps within six years of the end of the tax year for which the National Insurance contributions are being paid. However, there are extended time limits for some tax years and special rules if you reach State Pension age either between 6 April 2008 and 5 April 2015 or after 6 April 2016.

When you’re in prison, either on remand or convicted, you are not liable for any National Insurance Contributions and you will not receive any National Insurance credits.

National Insurance contributions – With the exception of those at the end of their sentence and working outside of the prison, prisoners are not liable to pay NI contributions. They can however make voluntary contributions towards their State Pension. Voluntary contributions can be paid up to six years after the tax year in which you were released from prison. If you were self-employed before your custodial sentence, you can continue to voluntarily pay Class 2 contributions.

National Insurance credits – These can be awarded to individuals who are incapacitated and unemployed and regarded as being temporarily out of work. This does not apply to convicted prisoners. This means that, if you do not voluntarily pay contributions after leaving prison to cover any shortfall to your NI contributions, you may receive a reduced State Pension in the future.

More information

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

 

Travelling to US – Applying for a visa

Aim of this page

This section focuses specifically on the visa application process for those travelling to the US for 90 days or less for leisure or business purposes who have a criminal record.

It forms part of our information on travelling to the US including

Why is this important?

Once you have established that you are not eligible to travel under the Visa Waiver Program (VWP) it’s important to have a good understanding of the costs and time involved in applying for a visa.

It’s also worth considering what other information you may need in preparation for your interview at the US Embassy.

Applying for a visa

If you’re not able to travel under the Visa Waiver Program (VWP), you will have to apply for a visa if you want to visit the United States. The information below relates to applying for a Visitors Business and Pleasure B-2 Visa. Requirements may vary for other types of visa.

How do I apply for a visa?

A visa is issued by a US Embassy and entitles the holder to travel to the US and apply for admission. It does not guarantee entry. An immigration inspector at the port of entry will determine the visa holder’s eligibility for admission into the US.

A non-immigrant visa is required by anyone seeking temporary admission into the US who is not eligible to travel visa free under the VWP. Non-immigrant visas cover visits for tourism, business, work or study. The process of applying for a visa involves submitting forms electronically and therefore it’s necessary for you to have internet access. Further information on Visitors Business and Pleasure B-2 Visas can be found here.

The Embassy recommends that individuals apply for visas well in advance of their proposed date of travel. No assurances regarding the issuance of visas can be given in advance. Therefore, final travel plans or the purchase of non-refundable tickets should not be made until a visa has been issued and you are in receipt of your passport.

What is the process for applying for a B-2 visa (Holiday visa)?

For more information on applying for different types of visa click here to read information on the US Embassy website.

In general, holidaymakers to the United States will require a valid B-2 visa. If issued, they are valid for a maximum of 10 years, but the length of the visa will vary depending on the circumstances

If you have been arrested or convicted of a crime, you are required to do the following – each step is explained in more detail below:

  1. Step 1 – Complete the online visa application form – You need to complete a non-immigrant visa application form (DS-160) and pay the appropriate fee.
  2. Step 2 – Provide details of your criminal record – You do this by completing a Personal Data Sheet (VCU01).
  3. Step 3 – Provide official confirmation of your criminal record – You do this by obtaining a police certificate from ACPO issued less than six months before your visa interview.
  4. Step 4 – Arrange an interview at the embassy – You need to arrange and attend an interview at the US Embassy with the Visa Coordination Officer.
  5. Step 5 – Attend the interview.
  6. Step 6 – Wait for the decision

STEP 1 – Complete the visa application form

Firstly, you will have to complete a non-immigrant visa application form (DS-160). This must be filled out online.

A non-immigrant visa application costs $160 which is approximately £100. Payment is made at the time of scheduling the non-immigrant visa interview with the Operator Assisted Information Service (see the section on arranging an interview). On confirmation that your payment has been accepted, the operator will schedule the appointment. Confirmation of the appointment date and time will be sent by email together with a receipt for the application fee. You will need to take this with you to your interview.

Questions on the visa application form (DS-160) regarding arrests and convictions

In the “Security and Background Section”, it asks:

  • “Have you ever been arrested or convicted for any offence or crime, even though subject of a pardon, amnesty, or other similar action?”
  • “Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances?”
  • “Have you ever been involved in, or do you seek to engage in, money laundering?”
  • “Have you committed, ordered, incited, assisted, or otherwise participated in extrajudicial killings, political killings, or other acts of violence?”
How to answer the question “Have you ever been arrested or convicted?”

On the US Embassy website it states that “if you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa. The embassy and the Live Operator Information Service cannot provide any further guidance on this matter until you appear in person before a consular officer.”

When Unlock approached the US Embassy, they stated that “it does not matter what the criminal offence was or how long ago it occurred. The person will need to be interviewed, because each case is dealt with on an individual basis.” The embassy stated that the need to declare a conviction has been in place since 1988, but agrees that, since September 11 2001, there has been a gradual tightening of the regulations.

Under US Immigration law, if you have been arrested at any time, you are required to declare the arrest when applying for a visa. If the arrest resulted in a conviction, you may be permanently ineligible to receive a visa. If you are permanently ineligible, in order to travel, a waiver of the permanent ineligibility is required.

The Rehabilitation of Offenders Act does not apply to the United States visa law. Therefore, even travellers with a spent conviction are required to declare the arrest and/or conviction.

The question asked by the US previously related to offences involving ‘moral turpitude’. This is no longer the case. However, as part of their decision making process, they will look at your case and place specific emphasis on those offences which involve moral turpitude.

STEP 2 – Provide details of your criminal record

As well as the visa application form, because of your arrest/conviction information, you will have to complete a Personal Data Sheet (VCU-01) where you will need to include details about your arrests/cautions/convictions. This form must be completed electronically.

If you’re not sure of the details surrounding your arrest or conviction, you can use the ACRO Police Certificate (see below) to help you.

STEP 3 – Provide official confirmation of your criminal record – Police certificate

Applicants applying for visas at the US Embassy are required to provide a police certificate from the National Police Chief Council (NPCC) Criminal Records Office (ACRO) issued within 6 months of the visa interview. Information on obtaining the police certificate is available here. You should obtain this certificate in advance of completing the Personal Data Sheet so that you are able to provide accurate information about each arrest/conviction.

The original police certificate will be retained on file by the Embassy. If you wish to have the original document returned to you on the day of the interview, you should take a photocopy of the document and a stamped, self-addressed envelope to the interview. Alternatively, additional copies of the certificate can be requested at the time of application.

What if I was convicted in the United States?

If you were arrested and/or convicted of an offence in the United States, you are required to obtain a court record from the court(s) in which you were tried. Such court records must show the nature of the offence(s) committed, the section(s) of law contravened and the actual penalty imposed. If the arrest did not result in a conviction, you may submit with your application the documents relating to the arrest. If you are no longer in possession of these documents, you may submit a sworn statement which gives the reason and location of the arrest, state and county. If you do not know the address of the court, the information is available online. Applicants are also required to obtain a police certificate from ACRO issued within 6 months of the visa interview.

What if  I was convicted in a country other than the United States or the United Kingdom?

If you were arrested and/or convicted of an offence in another country, you are required to obtain a court record from the court(s) in which you were tried. Such court records must show the nature of the offence(s) committed, the section(s) of law contravened and the actual penalty imposed. If the arrest did not result in a conviction, you may submit with your application the documents relating to the arrest. If you are no longer in possession of these documents, you may submit a sworn statement which gives reason and location of the arrest, state and county. Applicants are also required to obtain a police certificate from ACRO issued within 6 months of the visa interview.

STEP 4 – Arrange an interview

Once you’ve completed the visa application, you need to request an appointment with the Visa Coordination Officer at the US Embassy in London. The embassy does not accept walk-in appointments. The typical waiting time for an appointment is usually around 2 weeks.

An appointment for an interview can be arranged online.

How much will it cost?

STEP 5 – Attend the interview

What do I need to do before the interview?

You need to gather the documents you need to bring to the interview, including:

  1. Confirmation page of the DS-160
  2. The Non-Immigrant Visa Interview Confirmation Letter
  3. A print out of the receipt for the MRV application fee which is sent together with the Non-Immigrant Interview Confirmation Letter
  4. Your passport
  5. Any supporting material to help your case (see below)
  6. If your police certificate states ‘No live trace” because your caution/conviction has been stepped down, it’s advisable to take a copy of your Subject Access Request with you.

A caller to our helpline gave us the following information about his experience at the Embassy.

“My caution from 2008 had been stepped down and therefore my police certificate stated “No live trace”. When I attended my interview at the Embassy,  I was given a form asking me to provide details of my stepped down caution. Two hours later I was told that I needed to contact ACRO and get them to send the details of my caution to the Embassy. I’m sure that if I’d taken my Subject Access Request with me, my visa application could have been processed on the day”.

How can I increase my chances of being successful?

State your circumstances and highlight the most important facts that support your case. Important factors include:

  • Family ties in the UK
  • Your reason for travel
  • Remorse regarding your conviction
  • Your change in character
  • The financial ability to fund your stay
  • Having a paid job in the UK (it shows you have a strong reason to come back to the UK – consider taking a copy of your contract of employment or a letter from your employer detailing the purpose of your visit)
  • Have as much information as possible to hand to the interviewer.
What happens on the day of the interview?

Only applicants with a scheduled appointment will be admitted into the embassy, the exception being children under the age of 18 accompanied by a parent, translators and assistants for the disabled. If you require assistance, then you will need to give the name of the person who will accompany you to the operator when calling to schedule the appointment.

On the day of your interview, a set of your fingerprints will be electronically scanned. If you have a cut or blister on any of your fingers or thumbs, then your application will not be processed. You will be required to reschedule an appointment for a later date.

If you arrive at the embassy more than 30 minutes after your scheduled appointment you will not be seen by a consular officer. You will be required to reschedule a new appointment for another day.

You should anticipate being at the embassy for approximately two to three hours.

How long will I have to wait for a decision?

After the interview, the typical wait time is 4 working days for a non-immigrant visa to be processed. However, processing wait time does not include the time required for administrative processing for those applications which require additional processing. These procedures require additional time, and often apply to people with previous convictions.

When administrative processing is required, the timing will vary based on the individual circumstances of each case. The embassy state that most administrative processing is resolved within 60 days of application but that you need to wait at least 90 days from the date of interview or submission of supplementary documents, whichever is later, before making status enquiries. In some cases, processing can extend to six months or longer. Processing wait time also does not include the time required to return the passport to you by courier.

All passports will be returned by DX Secure, a courier agency contracted to the US Embassy. The fee for the courier service starts at £18.00, payable by credit or debit card.

Visa processing will not be completed on the day of the interview. Therefore it will not be possible to hand back your passport. Your passport will be handed to DX Secure once the embassy have completed processing. A further four weeks should be allowed for the visa to be issued and the passport returned.

The processing times quoted are approximate and cannot be guaranteed. It is important that you keep this in mind when applying for the visa. It is not possible to speed up your case simply because you have not allowed sufficient time for your application to be processed.

Until this point, you are effectively barred from international travel, because your passport will be held at the embassy.

STEP 6 – Wait for a decision

How do I check the status of my application?

The direct link to a document which outlines the status of outstanding applications can be found here. In order to check the status of your application, you will require your Batch Number (found on the 221(g) leaflet handed to you at the visa interview).

How do I use the DX Secure Tracking Service?

You can track the progress of your passport online by visiting www.thedx.co.uk/tracking once DX Secure are in receipt of it. You will need your invoice number and the postcode quoted on the invoice.

Your passport will not be handed to the courier company until the visa section of the embassy has processed your application. If your passport has not been handed to the courier company, you will receive a message saying “Sorry, this combination of tracking number and postcode do not correspond with our records. Please check and try again.”

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Personal experiences

The personal story below has been posted on theRecord, our online magazine

USA – Here I come (at the second time of asking)

Getting a US visa capped a very successful two years of rehabilitation post-conviction

Discuss this with others

Read and share your experiences on our online forum.

Key sections include:

Useful links

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.

More information

  1. For practical information – More information on travelling to the US
  2. To read personal stories – You can read stories about this posted on theRecord, our online magazine under the tag of travelling to the USA
  3. To discuss this with others – Read and share your experience 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. Send your feedback directly to us
  2. Discuss your views and experiences with others on our online forum
  3. Share your story by contributing to our online magazine, theRecord

This page was last fully reviewed and updated in August 2017. If you’ve spotted something that needs updating, please let us know by emailing the details to advice@unlock.org.uk.

Absolute discharge

This is part of our information section on understanding your criminal record. Details of other sentences/disposals can be found here.

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 think that any further action is required. 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. However, for the purposes of filtering, it will 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?

Immediately.

When do I have to declare it?

You do not have to declare it after it is spent. Before it is spent you do need to declare it, when asked, to employers, insurers and for some other financial checks.

Is it disclosed on DBS checks?

Yes, it will be disclosed by both the standard and enhanced checks, unless it is eligible to be filtered. A basic check only discloses unspent convictions.

Aviation sector (e.g. Airports)

The Civil Aviation Authority are responsible for regulating the aviation sector.

The National Aviation Security Program (NASP) requires a basic criminal record disclosure for certain roles. This shows unspent convictions only.

There is a detailed section outlining their approach towards people with convictions.

Going on a game show with a criminal record

Background

Back in 2011, a case in the UK raised the question of whether game show producers should run background checks on their contestants to screen those who have criminal convictions.

At the time, the media had a field day (see, for example, the Mail Online and the Sun), after a contestant on ITV’s Red or Black won a top prize of £1 million and it was subsequently revealed that he had been convicted of assaulting a woman and sent to prison for 5 years in 2006. Producers on the programme had been aware of his criminal conviction but believed it was the result of a confrontation with another man. Following his win, there were calls in the press for him to be stripped of his prize money after full details of his offence emerged, but it was later reported that he was able to keep his prize money.

This case is just one example of how issues like this have caused difficulties for people with convictions. The information below will hopefully clarify the situation for people thinking about applying to go on a game show.

What production companies might ask

We see many production companies that ask potential contestants to declare criminal convictions – they often ask a question as part of their application process. Sometimes, they will ask about ‘unspent’ convictions only, although often they will simply ask “do you have a criminal record”.

Under the Rehabilitation of Offenders Act, if you are asked by a production company to disclose criminal convictions, you should only disclose those which are unspent.

How they might check

If they wish to undertake any formal criminal records check, they would only be eligible to carry out a basic check through DBS which would only reveal unspent convictions. However, in practice, companies rarely go down this route.

In our experience, if you disclose something, some production companies will ask that you provide a copy of your criminal record (usually by providing a copy of your police subject access request). Technically, if this is required, then this would be regarded as an enforced subject access which breaches section 56 of the Data Protection Act. You should be entitled to provide a basic check, which will only disclose any unspent convictions that you have.

Will I be successful?

There is no legal or moral reason why somebody with a previous conviction shouldn’t be able to appear on a game show, but as can be seen from the case above, in a society which struggles to accept reform and rehabilitation, it’s not uncommon to find production companies taking quite a strict approach. However, this will very much depend on the individual production company and the programme itself.

What else you should consider

As the case in 2011 shows, there’s more to think about than just whether the production company will give you a place on the show.

In that case, it was ‘revealed’ by the victim of the contestant, who reportedly went ‘to the press’ about his past. This means that, regardless of how the production company deals with convictions, regardless of whether you decide to disclose or not, you shouldn’t ignore the fact that you might be going on national TV, where people who know about your past might flag this up. You’ve got to think about whether this is something you want to put yourself and your family through. This is a very personal decision, which depends on your particular situation and what your convictions relate to.

 

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