This information is designed to clarify what is actually disclosed on biometric passports when they are scanned by Immigration Control Officials and, in particular, whether details of your criminal record are revealed.
Why is this important?
There are many misconceptions about what criminal record information is held on a biometric passport. This can cause undue anxiety when travelling abroad and may sometimes deter people from overseas travel altogether.
Introduction
The UK has been issuing ‘biometric’ passports (also known as ‘ePassports’) since 2006. These passports include a microchip which stores a digitised image of the holder’s passport photograph as well as the biographical details printed on the passport.
The EU has set minimum standards for passports which include the use of facial and fingerprint biometrics. The UK is not covered by these regulations and fingerprint biometrics are not included in UK passports.
The International Civil Aviation Organisation recommendations for biometric standards include a digitised photograph embedded on a chip in the passport. Countries wishing to stay in the US Visa Waiver programme have had to start issuing biometric passports in line with these international recommendations. For further information about the US Visa Waiver Programme see our Travelling to the US – Travelling without a visa.
What information does the chip contain?
The UK’s biometric passports contain a microchip with a ‘facial biometric’. This is a digitised image of the holders photograph. Various features on the face, for example the distance between eyes, nose, mouth and ears, are digitally coded from the photograph and the information stored on the electronic chip.
The chip also stores electronically, the biographical information which is printed in the passport. It does not contain any information which is not also on the face of the passport. The information printed on the passport can be checked against the information on the chip, which is intended to be harder to forge. The information on the chip is encrypted so it can only be read by special biometric passport readers (eReaders).
Should I be worried that information about my criminal record will be disclosed?
Details of your criminal record are not shown when your passport is scanned.
The only time your passport is likely to be ‘flagged’ is when:
there is a warrant out for your arrest either nationally or internationally through Interpol
you are currently undergoing investigation for a possible criminal offence
you have been engaged in some kind of terrorist activity and/or on a Watch List
you are on bail awaiting sentencing
you are taking children out of the country without parental permission
Anyone on the Sex Offenders Register who has notified the police of their intention to travel may have a ‘Green Notice’ issued and ‘flagged’ via their passport. This Notice provides warnings and criminal intelligence about a persons criminal activities, where the person is considered to be a possible threat to public safety. The Notice should be removed at the end of the period of travel.
How can overseas immigration authorities find out about a criminal record?
The UK will only share information with another country about a person’s criminal record if a request is made by the country through the correct Interpol channels. Such a request would not be made (and wouldn’t be granted) unless there was suspicion of illegal behaviour.
The UK Passport Office state that this is only likely to occur if you commit a crime whilst in the country you have travelled to. For example, if you are apprehended by the local police for, say, a driving offence, robbery, assault etc, then they may check your criminal record in the UK. The correct legal channels would still need to be gone through.
For more information
Practical self-help information – More information on travel can be found here.
Discuss this issue – Read and share your experiences on our online forum
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We are unable to give immigration advice as under UK immigration law, organisations can only provide this if they are registered with the Office of the Immigration Services Commissioner (OISC). Details of specialist immigration organisations can be found on our important links and organisations page.
This information is designed to help people with a criminal record who are looking to apply for leave to remain in the UK and are worried about how their criminal record might cause them problems.
Why is this important?
Many people have old and minor criminal records. All of these have to be disclosed when applying for leave to remain in the UK. However, there are guidelines on how your application might be treated.
This means that you need to declare all convictions and police cautions on your application to UK Visas and Immigration (UKVI), even if they arespent.
Time periods
You will need to disclose your criminal record as part of your application, even if it is spent. The Home Office will then make their decision based on the length of sentence you were given, and when it was given. The table below sets these out:
How UKVI make their decisions
Declaring a caution or conviction will not necessary mean that your application will be rejected.
The Home Office has guidanceon their ‘General grounds for refusal’ when considering applications for leave to remain
It’s important to recognise that failing to fully disclose your criminal record might lead to you being considered as attempting to deceive the system.
In 2015, over 4.9 million people visited the US from the UK. A significant number of these will have some form of criminal record. Many people successfully apply for a visa through the US Embassy but many will simply choose to travel under the Visa Waiver Program (VWP) without declaring their criminal record.
It’s important to be clear about the possible consequences of choosing not to disclose your conviction.
The Visa Waiver Program (VWP)
What is the Visa Waiver Program?
The VWP enables nationals of participating countries, including the United Kingdom, to travel to the US for tourism or business for stays of 90 days or less without obtaining a visa.
Historically, travel under the VWP has been free. However, under a new US law that became effective on 4th March 2010, a fee of at least $10.00 is to be charged for each authorisation under the Electronic System for Travel Authorisation (ESTA) for visa-free travel to the United States.
For more details on the VWP, and those who cannot travel under it, visit the Travel.State.Gov website. Essentially, you may use the VWP to travel if:
You have received an authorisation to travel under the VWP through the Electronic System for Travel Authorisation (ESTA).
You present the appropriate type of passport valid for six months past your expected stay in the United States (unless country-specific arrangements provide exemptions, which the UK does).
The purpose of your stay in the United States is 90 days or less for tourism or business.
If arriving by air or sea, you are travelling on an approved carrier and have a return trip ticket to any foreign destinations.
You can demonstrate the intent to stay 90 days or less in the United States and demonstrate sufficient funds to support yourself while in the United States.
When do I have to apply for a visa instead of using the VWP?
You must meet the guidelines listed in the section above in order to seek admission to the US under the VWP. Those who do not meet these guidelines must apply for a visa.
The Electronic System for Travel Authorisation (ESTA)
Previously, a non-immigrant visa waiver arrival/departure form was completed before travel to the US. This process now has to be done electronically before travel.
Since 12th January 2009, you have to register with the Electronic System for Travel Authorisation (ESTA) via the system’s website before you travel. Effectively, the ESTA replaces the previous requirement for you to fill in a green visa waiver form every time you enter the US. Instead, the ESTA is valid for multiple entries over a two-year period as long as you do not change passports in the meantime. Since January 2010, VWP travellers who have not obtained approval through ESTA should expect to be denied boarding on any air carrier bound for the United States.
You may travel under the VWP if you have received an authorisation to travel under the VWP through the Electronic System for Travel Authorisation. The ESTA process asks questions regarding criminal convictions. If you answer ‘yes’ to the questions that are asked during the ESTA process (see here for further information) regarding convictions, you will be told that you are not eligible to travel under the VWP and will instead have to apply for a visa.
What can you do if you’re ineligible to travel under the Visa Waiver Program (VWP)?
If your criminal record means that you are ineligible to travel under the Visa Waiver Program (VWP), then there are two options:
Many people who contact Unlock ask “If I don’t declare my conviction, is there any way they can find out?”. The answer is, if you don’t tell the US about your criminal record, they probably won’t find out.
Lying on the ESTA form
Access to the UK Police National Computer (PNC)
The United States does not have access to the Police National Computer (see the FOI response below). The security services do share information about high-profile crimes, serious offences or if someone is a security risk, but this is not done as a matter of routine.
However, the United States authorities are able to seek details of any criminal convictions held on the Police National Computer on an individual request basis through Interpol channels. This rarely happens.
Potential offences for non-disclosure
If you attempt to travel under the Visa Waiver Program and as a result have to make a false declaration to the questions asked as part of the Electronic System for Travel Authorisation (ESTA) process, you are potentially committing a criminal offence under US law. In particular, two areas of law are relevant:
The Immigration and Nationality Act – Sec. 275. [8 U.S.C. 1325] – Entry of alien at improper time or place; misrepresentation and concealment of facts – Maximum 2 years in prison
U.S. Code Title 18, Part 1, Chapter 75, Section 1546 – Fraud and misuse of visas, permits and other documents – Maximum 10 years in prison. Further details can be found below.
People lie all the time – but is it right for you?
We speak to people all the time who are weighing up whether to lie on the ESTA form or whether to apply for a visa. Ultimately, this is a decision that only you can make.
For some people, the potential offences for non-disclosure, coupled with the anxiety they’d feel when travelling, makes them decide that applying for a visa is the right route to go.
For others, hearing from friends that have travelled with no problems makes them think that there won’t be a problem.
Taking the decision to lie can make it more difficult to apply for a visa in the future as any visa application will highlight the fact that you’ve travelled ‘illegally’ in the past (this would presumably throw into doubt any claim you make to be a law-abiding citizen). If you think that there’s a chance that you may want to live or work in the US in the future, then lying on the ESTA form may not be the right decision for you.
How would the US find out about a conviction?
We made a Freedom of Information Act request to the Home Office to clarify the situation. We asked …..
“I would like to ascertain the current procedure in place for information on the Police National Computer (or other criminal conviction-related information) to be shared with the United States.
I would like copies of any agreements that have been made to allow the United States access to information on the PNC (or access to other criminal conviction information).
On a similar note, I would like to ascertain, within the response to my request for the information above, if the United States authorities (whether the US Embassy in the UK or the US Security department) have access to criminal conviction information of individuals who travel to the US without the individual concerned having previously applied for a Police Certificate under the Visa Scheme that is in place through the US Embassy.
In short, I would like to know how the US authorities are able to ascertain whether an individual from the UK has a criminal record. This presumably relates to any agreements that are in place between the US authorities and the Home Office for sharing of such information, and it is these agreements that I would like to receive copies of.”
They responded…
“Thank you for your e-mail of 25 June in which you asked for the current procedure in place for information on the Police National Computer (or other criminal conviction-related information) with the United States.
The Home Office does not hold a copy of any agreement by which information on the Police National Computer (or other criminal conviction-related information) is shared with the United States. We are however aware of the general process by which information is shared. In deciding to release the information we have considered that the public interest in relation to the exemptions set out in Section 31(1)(a) [the prevention and detection of crime] and 31(1)(b) [the apprehension and prosecution of offenders] of the Freedom of Information Act falls in favour or providing the information.
The public interest reason in favour of withholding the information is to make sure that those who have committed crimes or who have otherwise come to the attention of the law enforcement authorities in each country are not aware that information is shared between the United States and the United Kingdom. The Public Interest Test arguments in favour of disclosure are that it is important for members of the public to be aware that information is shared between the two countries. By doing this the public can be re-assured that criminals are not able to escape justice by moving country, or by committing crimes in a country that is not that of their nationality. In this case the public interest argument in favour of withholding the information is outweighed by the arguments in favour of releasing the information.
The United States authorities do not have routine access to criminal record information held on the Police National Computer nor is the Police Certificate Process routine access to the PNC by the American Authorities. The Police Certificate arrangements are with the individual applicants who may or may not choose to subsequently share the content of the certificate with the US authorities. Further information on the ACRO Police Certificate Process can be found on the ACRO website at http://acpo.police.uk/certificates.asp and on the application form page of the same website at http://acpo.police.uk/Certificates/Application%20Form%208.doc.
The United States authorities are able to seek details of any criminal convictions held on the Police National Computer on an individual basis through Interpol channels.
Criminal conviction information on US Nationals who have been convicted of offences in England and Wales is extracted from the Police National Computer and sent, via Interpol channels to the United States in cases where there are fingerprints available and when the conviction is for imprisonment for 12 months or more or the offence is against national security or where sharing would be in the interest of pubic protection.”
To download a copy of the full response from the Home Office, click here.
Annex A – The US Code, Title 18, Part 1, Chapter 75, Section 1546
The text below is taken from the above legislation (available here) and details a potential offence under US Immigration laws for failing to disclose a criminal record when travelling to the US:
“Whoever knowingly forges, counterfeits, alters or falsely makes any immigrant or non-immigrant visa, permit, border crossing card, alien registration, receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorised stay or employment in the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorised stay or employment in the United States, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; or
Whoever, except under direction of the Attorney General or the Commissioner of the Immigration and Naturalization Service, or other proper office, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, or makes any print, photograph, or impression in the likeness of any immigrant or non-immigrant visa, permit or other document required for entry into the United States, or has in his possession a distinctive paper which has been adopted by the Attorney General or the Commissioner of the Immigration and Naturalization Service for the printing of such visas, permits, or documents; or
Whoever, when applying for an immigrant or non-immigrant visa, permit, or other document required for entry into the United States, or for admission to the United States personates another, or falsely appears in the name of a deceased individual, or evades or attempts to evade the immigration laws by appearing under an assumed or fictitious name without disclosing his true identity, or sells or otherwise disposes of, or offers to sell or otherwise dispose of, or utters, such visa, permit, or other document, to any person not authorised by law to receive such document; or
Whoever knowingly makes under oath, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document which contains any such false statement or which fails to contain any reasonable basis in law or fact –
Shall be fined under this title or imprisoned not more than 25 years (if the offence was committed to facilitate an act of international terrorism (as defined in section 2331 of this title), 20 years (if the offence was committed to facilitate a drug trafficking crime (as defined in section 929 (a) of this title), 10 years (in the case of the first or second such offence, if the offence was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offence) or both.”
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.
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.
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.
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:
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
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:
They will be granting you a visa; or
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:
(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
In certain cases involving close relatives (see below); or
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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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.
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.
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.
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.
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:
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.
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.
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.
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.
You need to gather the documents you need to bring to the interview, including:
Confirmation page of the DS-160
The Non-Immigrant Visa Interview Confirmation Letter
A print out of the receipt for the MRV application fee which is sent together with the Non-Immigrant Interview Confirmation Letter
Your passport
Any supporting material to help your case (see below)
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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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.
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.
This information is designed to set out the types of visa required for travel to Australia and how a criminal conviction may affect your ability to get a visa.
Why is this important?
People with criminal records are not barred from travelling to Australia. However, it’s important to know how a criminal record determines the type of visa you should apply for and whether or not you are likely to meet the good character test.
Introduction
Visas are required for all travel to Australia. British citizens can obtain the following types of electronic visitor visa:
an Electronic Travel Authority (ETA) via the Australian ETA app. There is no visa application charge, but a service fee of $20 may apply.
An eVisitor
An eVisitor is designed for people who are outside Australia and want to visit Australia for tourism or business purposes.
Tourism includes holidays, recreation and seeing family and/or friends. Business purposes may include attending a conference, negotiation or exploratory business visit.
eVisitor applications are free, there is no application charge or service fee.
An eVisitor lets you stay in Australia for up to three months on each visit within a 12 month period from the date of grant.
An application for the visa can be made online here.
A Visitor Visa gives more flexibility in the length of stays that are permitted in Australia. There is a substantial charge for this type of visa and they can often take over a month to process (seehere for more details).
You may require other visas for transit through Australia to another destination or if you are visiting Australia for reasons other than a holiday.
Criminal convictions
As part of the eligibility requirements to obtain any of the above, it states that:
You must not have any criminal convictions, for which the sentence or sentences should not equal a total period of 12 months duration or more (whether served or not), at the time of travel to, and entry into, Australia.”
This implies the following:
If you received two 6 month sentences, you would be ineligible to apply online, and would have to apply for a full Tourist Visa.
If you have received a 12 month sentence, but only served, for example, 6 months, you would still have to apply for a full Tourist Visa.
If you have received a 12 month suspended sentence, and therefore never stepped foot in a prison, you would still have to apply for a full Tourist Visa.
The Australian authorities do not recognise the difference between concurrent and consecutive sentences. Therefore if you were convicted of two offences and received two six month sentences to run concurrently, the Australian authorities would consider this to equal a 12 month sentence and you would have to apply for a full Tourist Visa.
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If you found this page helpful, could you donate £1 to help someone else access our advice and support?
If you fall into the category of ‘criminal convictions’ set out above, in order to travel you must pass what the Australian government calls ‘the character requirement’ (as defined in Section 501 of the Migration Act 1958). You are likely to fail this test if you have a ‘substantial criminal record’.
A person is deemed to have a substantial criminal record if they have been:
sentenced to either death or life imprisonment
sentenced to a term of imprisonment for 12 months or more
sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more
acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution.
they have, or have had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct
You are also likely to fail the good character test if there is a risk that you would:
engage in criminal conduct in Australia
harass, molest, intimidate or stalk another person
vilify a segment of the Australian community
incite discord in the Australian community or a segment of that community
represent a danger to the Australian community or a segment of that community by becoming involved in activities that are disruptive to or threatening harm to that community
Applying for a visa if you’ve been convicted of a sexual offence
In February 2017 amendments were made to the Australian Migration Act 1958 which will affect those who have been convicted of a sexual offence who are considering travelling to Australia.
Any new visa applications will be refused or existing visa’s cancelled if, a court in Australia or a foreign country has:
convicted you of one or more sexually based offences involving a child; or
found you guilty of such an offence, even if you were discharged without a conviction (for example you received an absolute discharge).
If an Interpol green notice is in force, then the Australian authorities will infer that you would present a risk to the Australian community and any visa application will be refused or existing visa revoked. Interpol green notices are often given to people on the Sex Offenders Register
What happens if you do not pass the good character test?
Even if you fall into the above, you will not automatically be refused a visa. Another requirement of the ‘good character test’ will look at what you have done (and how you have behaved) since being sentenced. You may want to give some thought to what evidence you could provide to show this. The Australian Department of Immigration and Border Protection will use their discretion as to whether or not to approve your application.
How will your application be decided?
When a visa applicant or visa holder does not pass the character test, immigration officials will decide whether to refuse the application or to cancel a visa. Exercise of this discretion will take into account a wide range of factors, including the protection of the Australian community, the expectations of the community, the best interest of any children under 18 years of age, as well as other considerations such as the non-citizen’s links to Australia, and any relevant international law obligations.
‘I managed to get into Oz with a record (24 month sentence) even though my offence made it impossible to enter the country. I had to bend over backwards to get all the necessary paperwork together but the point is that if you have a record there is a chance of getting in. I’m working with explosives now – this would have been unheard of in the UK.’
What if they say no?
If your visa application is cancelled on the grounds of either a substantial criminal record, or another character issue, you are permanently excluded from Australia.
There is generally no appeals procedure if you have been refused an eVisitor or ETA. The only visitor visa that may have a right to appeal in very limited circumstances is the sponsored visitor visa.
If you have a substantial criminal record or a character issue then you should seek advice from the Migration Institute of Australia (MIA). This organisation has contacts in the UK, providing migration advice to prospective migrants, workers, students, families and humanitarian entrants and to employers seeking to obtain skilled overseas workers.
Personal experiences
The personal story below has been posted on theRecord, our online magazine.
Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organsiations listed below can be found here.
For practical information – More information on character and police certificate requirements can be found on the Australian Government Department of Immigration and Border Protection website
To read personal stories – You can read stories about this posted on theRecord, our online magazine under the tag travelling abroad
To discuss this issue with others – Read and share your experience on our online forum
This information forms part of our travel section and focuses specifically on those people travelling to Canada for 90 days or less for leisure purposes who have a criminal record. It sets out the various processes that the Canadian authorities have in place and helps you identify which programme you should follow to travel to Canada.
Why is this important?
Changes to the visa exempt travel process means that those travelling to Canada will be asked for details of their criminal record at the time they apply for their Electronic Travel Authorisation (eTA). It’s important that you know if you will be eligible to travel under the eTA and what you will need to do if you’re not eligible.
Introduction
As of the 15th March 2016, British Citizens visiting or transiting Canada by air will require an Electronic Travel Authorisation. Exceptions include US Citizens and travellers with a valid Canadian visa.
If you travel by land or sea, you won’t need an eTA when entering Canada but you’ll still be required to present acceptable travel documents and identification. For a list of these, see here.
The Electronic Travel Authorisation (eTA)
You can apply online for your eTA, it should only take a few minutes to complete. You will be asked to provide details of your passport, your email address and your credit card details. In most cases, your eTA will be approved within minutes of applying.
The question on the eTA around criminal records is as follows:-
Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country?
Select ‘Yes’ if you have ever committed, been charged with or convicted of a crime in any country. Please provide as many details as possible. Failure to include additional and sufficient details may result in slower processing.
If the above statement applies to you, then you’ll need to answer ‘Yes’ (even if your conviction is spent). However, on receipt of your application, the Canadian Embassy will process your eTA using the Rehabilitation of Offenders Act 1974 as a basis for deciding whether you would be ‘deemed rehabilitated’. If this is the case, then you will be issued with an eTA.
If the eTA is declined, you will need to apply for a visa.
It’s important to note that the eTA follows the concept of ‘deemed rehabilitation’ as outlined below but does not take into account changes to the Rehabilitation of Offenders Act which came into effect in March 2014 and still relies on the 1974 Act.
If you’re unsure of the details of your criminal record, then you should get a copy of your Subject Access Request so that you’re very clear about what you need to disclose.
What should I do if my eTA is refused?
If you are refused an eTA because you have committed or been convicted of a criminal offence, you will need to apply for criminal rehabilitation under Canada’s Immigration and Refugee Protection Act.
Under this Act, if you have committed or been convicted of a crime, you will have to apply for a Visa. As a result, in their words, you may be “criminally inadmissible”. Criminal offences include both minor and serious offences, such as theft, assault, manslaughter, dangerous driving and driving whilst under the influence of drugs or alcohol. For a complete list of criminal offences in Canada see the Canadian Criminal Code and the Controlled Drugs and Substances Act.
Depending on what crime you committed, how long ago it was and your behaviour since, you may be admissible to Canada.
Your options
You may be allowed to go to Canada if:
you are able to satisfy an immigration officer that you meet the legal requirement to be deemed rehabilitated or
you apply for rehabilitation and are approved or
you are granted a record suspension (formerly known as a pardon) or
you get a temporary resident permit.
Deemed rehabilitation
Deemed rehabilitation, under Canada’s immigration law, means that enough time has passed since you were convicted that your crime may no longer bar you from entering Canada.
You may be deemed rehabilitated depending on:
the crime you committed
how serious the crime was
how much time has passed since you completed the sentence (10 years for one indictable offence, 5 years for two or more summary convictions)
whether you have committed more than one crime
In all cases, you may only be deemed rehabilitated if the crime would be punishable in Canada by a maximum prison term of less than 10 years.
Also, in accordance with a Canadian decision, Burgon (case dated 21st February 1991 in the Federal Court of Appeal in Canada), criminal convictions obtained in the UK are generally assessed under the Rehabilitation of Offenders Act 1974 instead of under the Immigration & Refugee Protection Act. As a result, once your criminal record becomes spent under the 1974 Act, you cease to be inadmissible to Canada and are regarded as ‘deemed rehabilitated’.
It should be noted however that there are exceptions to the above. We’ve recently had sight of a letter from the High Commission of Canada to an individual who was refused entry to Canada, despite his conviction being spent under the Rehabilitation of Offenders Act which stated:
The Saini decision [Saini v MEI 151 NR 239 CRCA] allows discretion to a visa officer (or port of entry officer) not to give effect to the Rehabilitation of Offenders Act of the UK when looking at all the facts of a case.
In addition, based on the Saini decision, a visa officer needs to be satisfied that a pardon under a foreign jurisdiction is similar to one in Canada. For some offences, it is not possible to apply for a pardon under the Criminal Records Act in Canada and therefore in some instances the ROA will not be applied to a particular situation.
You do not have to apply to be deemed rehabilitated, but you should be sure you will qualify before you try to enter the country.
You are able to get assessed by the Canadian embassy, to ensure that you are not refused entry or subject to other enforcement action. To be assessed, fill out an application for Rehabilitation, but in Section A, check the box “for information only”. You will not have to pay a processing fee. An officer will review the form and tell you what to do next. More information on this process is available here.
There is a useful video below which sets out the status of ‘Criminal rehabilitation’
Individual rehabilitation
‘Rehabilitation’ in this context means that they feel you are not likely to commit new crimes. If you are not eligible to be ‘deemed rehabilitated’ you must apply for individual rehabilitation to enter Canada.
To apply for individual rehabilitation , you must:
show that you meet the criteria
have been rehabilitated, and
be highly unlikely to take part in further crimes
Also, at least five years must have passed since:
the end of your sentence (including probation), and
the day you committed the act that made you inadmissible
You must apply to the Canadian visa office and pay a processing fee. Note: Applications for rehabilitation can take over a year to process, so make sure you plan far enough in advance.
Record suspension
If you have been convicted in Canada and wish to apply for a record suspension, check with the Parole Board or Canada. If you get a Canadian record suspension, you will no longer be inadmissible.
If you received a pardon or a discharge for your conviction in a country other than Canada, check with the visa office closest to you to find out if the pardon is considered valid in Canada. This will help ensure you do not travel to Canada only to be refused entry or subject to other enforcement action.
In the UK, once a conviction is spent, you become ‘deemed rehabilitated’ under the Canadian process (see above).
Temporary resident permit
A temporary resident permit lets you enter or stay in Canada if:
it has been less than five years since the end of your sentence, or
If you have a valid reason to travel, but you are inadmissible, they may still issue a temporary resident permit. Even if the reason you are inadmissible seems minor, you must show that your visit is valid.
An article about travel restrictions based on a criminal record can be found on the Collateral Consequences Resource Center website. Although this is written with an American audience in mind, the information is still relevant to travellers from the UK.
Personal experiences
The personal stories below have been posted on theRecord, our online magazine.
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.
Currently, if you are an EU citizen you may travel anywhere you wish within the EU without hindrance or restrictions. However, you will need a valid passport up until the day that you return in the UK. This is likely to change once we leave the EU when it will be necessary for EU citizens to get approval to travel via the European Travel Information and Authorisation System. Further information can be found here.
The Schengen Agreement signed on the 14 June 1985 is a treaty that led to most of the European countries abolishing their national borders to form the ‘Schengen Area’. You can use the Schengen visa eligibility checker to find out if you need a visa when travelling from the UK to any Schengen member state.
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.
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