If you are visiting South Africa for up to 90 days on holiday, you do not require a visa. The basic requirements for entry that may be requested by an Immigration Officer are:
Your passport must be valid for no less than 30 days after the expiry of an intended visit.
Your passport must have a blank Visa page.
A vaccination certificate (if required)
Proof of sufficient funds to cover living expenses whilst in South Africa
Applicants travelling by air must be in possession of a return or onward ticket
Statement and/or documentation confirming purpose and duration of visit
Proof of fixed employment or other commitments
The three month period may be extended by a District or Regional Office of the Department of Home Affairs for an additional three months providing an application for an extension is made 30 days prior to expiry of the original permit. The approval of such an application is at the discretion of the Regional/District Representative.
Travelling to other countries
Based on the feedback we’ve received, the countries listed below either don’t require a visa or don’t ask any questions relating to criminal records on their landing/entry cards. However, this information is based on leisure/tourism travel, and it may be different for business/longer stays.
Andorra
Argentina
Brazil
Cambodia
Chile
Dubai
Hong Kong
Indonesia
Malaysia
The Philippines
Serbia
Singapore
Taiwan
Thailand
Vietnam
Please note: If you are on the Sex Offenders Register and have notified the police of your intention to travel a ‘Green Notice’ may be issued and ‘flagged’ via your passport. This ‘flag’ will alert overseas immigration “about a person’s criminal activities, where the person is considered to be a possible threat to public safety”. Overseas immigration officers will then decide whether to allow you entry or send you home.
Also, it’s worth remember that while this potentially means that the country that you’re travelling to might not have any specific requirements, there may be travel requirements on you because of your criminal record.
“I would like to update you with information about my experience when applying for Visas.
Namibia were great. Although UK visitors don’t need a visa, I checked about any problems I may have because of past convictions. They called me back and said I have served my time and they have no problem (as long as I don’t reoffend in their country!)
Botswana said I can enter without a visa.
Zimbabwe do require a visa which you can get on the border, or apply in advance.
Zambia also do require a visa which I will have to apply for and await the outcome.
So I recommend always contact the embassy or High Commission and be open about your conviction because the last thing you need is to be refused entry at the border having spent a lot of money on the trip”
This page was last fully reviewed and updated in April 2020. If you’ve spotted something that needs updating, please let us know by emailing the details to advice@unlock.org.uk.
Applying for citizenship
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.
The aim of this page is to set out the process of applying for citizenship and how your criminal record may affect the success of your application.
Why is this important?
Naturalisation is not an entitlement and a decision can only be made to grant you citizenship if you can demonstrate that you satisfy certain legal requirements and the Home Secretary thinks it right to naturalise you.
The criteria will differ depending on your circumstances but it’s important to know what your chance of success will be. The process can be expensive and, if your application is refused, you will not receive a full refund.
Do you qualify for citizenship?
If you’re married to or the civil partner of a British citizen
You should meet the following legal requirements before you apply:
Are aged 18 or over when you apply
Are married to or the civil partner of a British citizen on the date of application
Are of sound mind, so that you understand the step you are taking
Can communicate in English (or Welsh or Scottish Gaelic) to an acceptable degree
Have sufficient knowledge about life in the UK
Are of good character
Have lived in the UK for a minimum of 3 years before you apply and meet the residence requirements.
If you’re NOT married to or the civil partner of a British citizen
You should meet the following legal requirements before you apply:
Are aged 18 or over when you apply
Are of sound mind, so that you understand the step you are taking
Intend to continue to live in the UK, or to continue in Crown service, the service of an international organisation of which the UK is a member or the service of a company or association established in the UK
Can communicate in English (or Welsh or Scottish Gaelic) to an acceptable degree
Have sufficient knowledge about life in the UK
Are of good character
Have lived in the UK for a minimum of 5 years before you apply and meet the residence requirements.
EEA nationals
If you’re a national of a country which is a member state of the EEA or Switzerland, or the family member of such a person, you will automatically have permanent residence status for any continuous period of 5 years. You should apply for a permanent residence card to prove that you hold that status before applying for citizenship. You can find further information on EU nationals coming to and staying in the UK.
Will a criminal record affect your application?
If you have received a conviction in the UK or overseas, within the relevant sentence threshold you are unlikely to receive citizenship and your application fee will not be fully refunded. There will be a check with the police and other authorities so you’ll need to disclose details of all your convictions, both spent and unspent.
Similarly, if you have been charged with a criminal offence and are awaiting trial or sentencing, it is advisable not to make any citizenship application until the outcome is known.
Notes:
A suspended prison sentence will be treated as a “non-custodial offence, or other out of court disposal that is recorded on a person’s criminal record”. The exception is where the sentence is subsequently ‘activated’.
Sentences imposed overseas will normally be treated as if they occurred in the UK.
A single, non-custodial sentence may be disregarded providing it did not occur in the final 12 months of your residential qualifying period, if there are strong mitigating factors which would suggest that you are of good character in all other regards and the decision to refuse you citizenship would be disproportionate. Offences involving dishonesty, drugs, violence or sexual offences would not be disregarded. Drink driving offences, driving uninsured or disqualified would also not be disregarded.
The Windrush scheme
If you arrived in the UK between 1948 and 1971 and do not have documentation confirming your immigration status, you may now face difficulties in proving your right to work and to access the benefits and services to which you are entitled.
In early 2018, the Government set up the Windrush scheme to assist Caribbean nationals to navigate the immigration system and apply for citizenship. The Windrush scheme applies to:
A person in the UK
A Commonwealth citizen who was either settled in the UK before 1 January 1973 and has been continuously resident in the UK since their arrival or has Right of Abode.
A Commonwealth citizen who was settled in the UK before 1 January 1973, whose settled status has lapsed because they left the UK for a period of more than 2 years, and who is now lawfully in the UK and who has strong ties to the UK.
A child of a Commonwealth citizen parent, where the child was born in the UK or arrived in the UK before the age of 18, and has been continuously resident in the UK since their birth or arrival, and the parent was settled before 1 January 1973 or has the Right of Abode (or met these criteria but is now a British Citizen).
A person of any nationality, who arrived in the UK before 31 December 1988 and is settled in the UK.
A person outside the UK
A Commonwealth citizen who was settled in the UK before 1 January 1973 but who does not have a document confirming their Right of Abode or settled status, or whose settled status has lapsed because they left the UK for a period of more than 2 years.
Is a criminal record going to cause a problem?
A statement issued by the Home Office has confirmed that a number of Caribbean nationals who came to the UK between 1948 and 1971 would not qualify for citizenship because they failed to meet the ‘necessary good character requirement’ due to committing criminal offences.
We’re keeping a close eye on how criminal records might be affecting people applying through the Windrush scheme. If you have any experiences, do let us know.
Discuss with others
Read and share your experiences on our online forum.
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.
Home Office – A Government department responsible for immigration, security and law and order
Discuss your views and experiences with others on our online forum
Travelling abroad
There are four main ways that a criminal record may cause you difficulties when travelling abroad.
Firstly, some countries have entry restrictions. For example, you may have to apply for a visa. There is a useful websitefor those looking to travel or live abroad. If you are travelling to a particular country, you can search their entry requirements, and most will have links to their respective Embassy. If a particular country requires a Visa for you to travel, you need to look at whether there are any questions about criminal convictions, or whether having a criminal record makes you ineligible to apply for a visa. We have more details of some of the more common countries we receive enquiries about here. Otherwise, it will be a case of making enquiries to the relevant country’s Embassy.
Secondly, if you are on licence, it will normally be a condition of your licence that you cannot travel abroad, and you will therefore need to seek permission from Probation before doing so, otherwise you risk breaching your licence. There is detailed information about this here.
Thirdly, if you are currently serving a non-custodial sentence (e.g. a community order), whilst normally there are no restrictions on travelling abroad, if your travel interferes with elements of your community order (for example, if you need a variation on the meetings that you have, or when you carry out your community payback), then you will need to seek permission from Probation. More information about this can be found here.
Fourthly, if you have been convicted of sexual offences, it may be that you are subject to specific notification requirements before travelling.
Please note: Foreign countries are not obliged to follow the provisions of the Rehabilitation of Offenders Act 1974. However, it is open to a country to recognise a particular conviction as being spent, depending on what their own process is.
This page aims to set out the approach of Probation to travelling abroad and highlights some cases where individuals have successfully challenged their Probation Officer’s decision to refuse them permission to travel.
It is likely that you will face restrictions on travelling abroad whilst being supervised on licence in the community. Licences include a standard condition that you must not travel outside the United Kingdom without obtaining the prior permission of your supervising officer which will be given in exceptional circumstances only.
It is important to understand how Probation will view your intention to travel abroad and the options open to you if you are refused permission prior to making any definite plans.
What is meant by abroad?
The key thing to do in this situation is to check your specific licence conditions. The standard licence condition is “not travel outside the United Kingdom, the Channel Islands or the Isle of Man without the prior permission of the responsible officer”
Whilst on licence, you can travel freely within the United Kingdom – this includes England, Wales, Scotland and Northern Ireland. The Channel Islands includes Jersey and Guernsey. Added to the Isle of Man, these represent three Crown Dependencies.
However, this does not extend to those countries which the United Kingdom has sovereignty over, including 14 British Overseas Territories. British Overseas Territories include Bermuda, the Cayman Islands, the Falkland Islands and Gibraltar. Being independently administered jurisdictions, none form part of the United Kingdom, although the UK government government manages their foreign affairs and defence and the UK Parliament has the authority to legislate on their behalf. As such, if you wish to travel to any of these whilst on licence, you will need to seek permission first.
The approach of Probation
Guidance on the Probation Service’s decision-making process in allowing temporary travel abroad while on licence is contained in Probation Instruction 20/2012.
Each Probation Area should also have their own approach towards travel abroad. For example, we obtained a copy of the London Probation Trust’s policy as it was in January 2011.
Steps to take
Check your licence conditions to see whether you are prevented from travelling abroad. If you are not allowed to travel, you will need to seek permission from your Probation Officer.
Speak to your Probation Officer about the best way to seek permission. Ideally, whilst you may be able to approach your Probation Officer informally in the first instance, you will probably need to put your request in writing, asking for a response in writing. This way, if you are refused, you will at least be provided with reasons why. Before asking for permission, you should refer to the above Probation Circular to help you to make your case for why you should be allowed temporary permission to travel abroad. You should also ask your Probation Area if they have a copy of their own policy that they can provide you with. Some may just rely on the Probation Circular, whereas some may also have their own policy.
Once you have exhausted this process, you have the option to challenge the decision of the Probation Service by means on Judicial Review. This is a court process which as an individual you can do yourself without being legally qualified. However, you may wish to enlist the services of a solicitor to help you.
Successful cases
An Unlock client challenged the decision of Probation to refuse him the ability to travel abroad whilst on licence.
In brief, he was granted permission in February 2009 to travel abroad for employment, on certain terms, including advising the purpose of proposed trips, the intended destination(s) and when back in the UK. He then obtained work and received a very significant income, enabling him to establish a business employing several staff. Between February 2009 and May 2010, the probation service acknowledged on several occasions that he was utilising the permission properly and that he had fully complied with its terms. However, in May 2010, citing the same ‘guidelines’ that applied at the time of the permission, the probation service abruptly withdrew their permission for him to travel.
If a government department acts unreasonably or irrationally, you can ask for a ‘judicial review’ in the courts and so he started these proceedings against the probation service. The individual was successful in his application for interim relief. This means that he is able to travel abroad in connection with his employment until his case is heard in full. The Probation Service managed to get the courts to reject the application on the papers, and reverse the interim permission to travel. The individual therefore applied for an oral hearing. At an oral hearing, permission was granted for a full judicial review. The Probation Service finally capitulated and signed a consent order permitting the individual concerned to travel abroad. The procedure is as follows:
The purpose of proposed trip(s) and the intended destination(s) are sent;
Probation advise within five working days of any reasonable objection;
Subject to no objection, Probation are sent travel dates and accommodation address(es);
Probation are notified of any minor logistical changes;
Probation are notified when back in the UK.
Although this case was dealt with by consent, the individual was concerned to avoid any future issues and so obtained a court order. It therefore sets a precedent for future cases. Nevertheless, it is an exceptional case because a) the individual, although British, had lived and worked abroad for nearly twenty years and b) Probation originally granted permission but then revoked it some time later with no apparent justification. It does, however, show that Probation, when pushed, will give someone permission to travel abroad whilst on licence. This individual succeeded because he demonstrated that Probation’s policy was irrational and because, despite the procedural difficulties, he would not give up.
“My probation trust has just granted me permission to travel abroad for business purposes. My application was for travel to The Netherlands, returning the same day (business meeting). My index offence is a s.20 wounding and I still have about 4 months of licence. I applied about 3 weeks ago and it took this long to get a decision (it went all the way up to the regional direction) and it took a bit of chasing from my end”
Resettling abroad whilst on licence
We often get queries from people who would like to move abroad when they are released from prison. It is not easy to move to another country while on licence. There is no automatic right to do this. HMPPS has published guidance – this is regularly updated, so a direct link is not possible, but the guidance should be available from here.
Supervision on licence is part of a sentence. Although you’re not in prison, the time on licence is still part of your sentence given by the court. This means that HMPPS, through the probation officer are responsible for supervising you. Breaking the conditions on the licence can mean going back to prison. All licences include a condition that the address must be approved by the probation office and any proposed change to the address – even for one night – must be approved by the probation officer.
Usually you must spend some time in the community in the UK on licence before you can be considered for resettlement overseas. This is so there is time to assess any risk of reoffending and ensure they can keep to the licence conditions. It is very rare for someone to be allowed to leave the country straight after release. This will usually only happen if you have been released under exceptional compassionate circumstances. In some rare cases the Parole Board might approve a release abroad as part of the resettlement plan. In a situation where someone was being resettled abroad, they would be expected to report at least once to the probation office so that the licence could be explained to them.
In deciding whether to grant permission, the probation services will look at whether there are close family or other ties (such as living somewhere else for a long time). Secondly, they will assess whether the offence has any connection with the country you want to go back to. Thirdly, they look at whether moving abroad would reduce the risk of reoffending . If the probation officer believes that a move abroad would be likely to increase the risk of harm or reoffending then the application will be refused.
Any request to live abroad would have to be signed off by a chief executive of a Probation Trust and then be confirmed by the Secretary of State. However, the Secretary of State has given this authority to governors (for determinate sentenced prisoners) and the Public Protection Casework Section in HMPPS (for indeterminately sentenced prisoners).
The licence still remains in force while someone is abroad. It will expire at the usual licence expiry date, and will be a life licence for people on a life sentence. If you come back to the UK during the licence period, you should let the probation service know within 2 working days. If you return to the UK during the licence period, the licence will still be in force.
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 organisations listed below can be found here.
National Probation Service – The National Probation Service is a statutory criminal justice service that supervises high-risk offenders released into the community.
More information
For practical information – More information can be found on our travelling abroad sectio
To read personal stories – You can read stories about this posted on theRecord, our online magazine under the tag travelling abroad while on licence
To discuss this issue with others – Read and share your experiences on our online forum
This page was last fully reviewed and updated in April 2017. If you’ve spotted something that needs updating, please let us know by emailing the details to advice@unlock.org.uk
Travelling while on a community order
There is no general exclusion from travelling abroad whilst serving a community order.
However, travel abroad may, in practice, not be feasible due to the requirements of the community order, e.g. a curfew, regular unpaid work or supervision. If you require a variation to these requirements in order to travel abroad (for example, rearranging a meeting) then you will need to seek permission from Probation.
There may also be a specific prohibition as part of the community order that stops you from travelling abroad. If you are in doubt, you should contact your offender manager.
This information sets out details of the visa application process for travelling to the UK and in particular, how your criminal record may affect your ability to get a visa.
Why is this important?
A visa to enter the UK can be expensive and fees are usually non-refundable if your application is refused. Therefore, if you have a criminal record, it’s important to have a good understanding of whether your application is likely to be successful.
Applicants for entry clearance and those applying to remain in this country are checked for UK criminal convictions.
Those seeking permission to enter the UK will normally be refused if they have previously been convicted of a criminal offence punishable by at least 12 months imprisonment.
A person may be refused permission to stay on the basis of his character, conduct or associations or if he represents a threat to national security.
Entry clearance officers will take account of any available local intelligence about a person’s criminal activities overseas, but the agency does not have access to foreign governments’ criminal records.
Visiting the UK
Do you need a visa?
The UK Border Agency have a useful tool on their website which will help you ascertain whether you need a visa to travel to the UK. This often depends on which country you are travelling from, and why you are travelling.
If you do not need a visa, you shouldn’t encounter any difficulties in relation to your past criminal convictions. However, if you are concerned, you should contact the UKBA.
Applying for a visa
The UK Border Agency considers applications for permission to enter or stay in the United Kingdom through their visa services around the world. Visit their website to apply for a visa to come to the UK.
Application form
On the application form(s), the questions are:
Do you have any criminal convictions either in the UK or overseas (you must include spent and unspent convictions as well as traffic offences)?”
In the guidance notes, it states:
Please give details of the date and place (country) of the offence and what you were convicted of. Please state what sentence you received. To assist your application, you may want to supply documentary evidence of the conviction (e.g. the official record) detailing the crime you were convicted of and the sentence you received.”
A further question is:
Have you ever been charged in any country with a criminal offence for which you have not yet been tried in court (including traffic offences)?”
The Declaration section states:
I am aware that it is an offence under the Immigration Act 1971 (as amended) to make a statement which I know to be false, or not believe to be true, in order to obtain a visa/entry clearance to the UK. I am also aware that my application will be automatically refused and I may be banned from going to the UK for 10 years if I use a false document, lie or withhold relevant information. I may also be banned if I have breached immigration laws in the UK. I am further aware that should I use a false document, lie or withhold relevant information my details may be passed to law enforcement agencies.”
Supporting documents
UK Criminal Record
If you received the conviction when you were previously in the UK, you can apply for a Subject Access Request (this costs £10) from the Police Force where you last resided in the UK. You should speak with the Data Protection Officer in the relevant police force (or visit their website) for more information about this.
Overseas Criminal Record Certificate
From April 2015, the Home Office introduced a new ruling requiring applicants to provide an overseas criminal record certificatefrom any country they have lived in continuously for 12 months or more over the past 10 years. The requirement will be introduced in phases and will start with Tier 1 (Investor and Entrepreneur) applicants and their adult dependants. By starting with a small category of applicants the Home Office believe that they will be able to successfully monitor and evaluate the implementation of the policy. This requirement will apply to all applications submitted on or after 1st September 2015.
From March 2017, the requirement to provide a criminal record certificate was extended to Tier 2 (General) applicants coming to work in education, health and social care sectors and their adult dependants. You can only apply for a Tier 2 (General) visa if you’ve been offered a skilled job in the UK and you’re from outside the European Economic Area and Switzerland.
A criminal record certificate will be required for applicants working in:
Education, for example teachers, education advisers and school inspectors
Healthcare, for example nurses, doctors, managers, pharmacists, dentists, ophthalmic opticians
Therapy, for example psychologists, speech and language therapists
Social services, for example social workers, managers, probation officers.
You can find the full Standard Occupation Classification Codes here.
Certificates will also be required from partners applying from overseas, on or after 6 April 2017 who want to join an existing Tier 2 (General) visa holder working in one of the above sectors.
The requirement may be waived where it is deemed not “reasonably practicable” to obtain a certificate, such as if a country or authority does not produce such documents.
Refusal on the grounds of criminal convictions – Immigration rules part 9
The following information is extracted from the Gov.UK website, making reference to the Immigration Rules.
Grounds on which entry clearance or leave to enter the UK is to be refused
Paragraph 320(2) of the Rules states that an application should normally be refused if:-
The person seeking entry to the United Kingdom:
is currently the subject of a deportation order; or
has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years; or
has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 12 months but less than 4 years, unless a period of 10 years has passed since the end of the sentence; or
has been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence.
Where this paragraph applies, unless refusal would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees, it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors.
Paragraph 320(18A) of the Rules states that an application should normally be refused if within the 12 months prior to the date on which the application is decided, the person has been convicted of or admitted an offence for which they receive a non-custodial sentence or other out of court disposal that is recorded on their criminal record.
Paragraph 320(18B) of the Rules states that an application should normally be refused if in the view of the Secretary of State:
the person’s offending has caused serious harm; or
the person is a persistent offender who shows a particular disregard for the law.
Paragraph 320(19) of the Rules states that an application should normally be refused if the immigration officer deems the exclusion of the person from the United Kingdom to be conducive to the public good. For example, because the person’s conduct (including convictions which do not fall within paragraph 320(2), character, associations, or other reasons, make it undesirable to grant them leave to enter.
Personal experience
An example of the problems that a criminal record can bring when travelling to the UK can be highlighted by the story of Beth Chapman (wife of Dog the Bountry Hunter, Duane Chapman) who was forced to pull out of a series of Celebrity Big Brother when a shoplifting conviction from the 1980’s led to her receiving a custodial sentence in the USA. Visit the Metro to read the story in full.
Useful links
Below you will find links to useful websites relating to this page.
The National Police Chiefs’ Council Criminal Records Office (often referred to as ACRO)
Use
For individuals that wish to emigrate to a number of countries, including Australia, Belgium, Canada, Cayman Islands, New Zealand, South Africa, and the United States of America.
They are also used to obtain a visa for immigration purposes (e.g. travel to the US for tourism purposes)
What it contains
All convictions, reprimands, warnings and cautions recorded on UK Police systems, although it doesn’t disclose anything that is eligible to be ‘stepped down’. Read more about this below and see the guidelines that set out when things are stepped down.
How to apply
Visit the Police Certificate section of the ACRO website to view the application form and guidance notes.
Who can apply for it
Anyone who has lived in the UK for any length of time, regardless of nationality
The standard service takes up to 20 working days and the premium service takes up to 2 working days, not including dates of receipt or dispatch.
However, if you are due to travel shortly, ACRO suggest that you may want to consider the premium service. However, if you have an arrest/conviction on your record and are using a police certificate to go through an approval process (such as applying for a visa to travel to the US), it is unlikely that, at such short notice, you will be able to complete the other steps in the process.
Where it is sent
It is sent to the applicant at the address requested on the application form
A sample certificate
Click the image above to increase the size.
How to correct inaccurate information
If you feel the information is inaccurate, you will need to contact your local Police Force outlining the inaccurate information. Each Chief Police Officer is the Data Controller for their PNC record, and has the ability to delete information. There is an exceptional case procedure, but this is normally confined to deleting local police information.
My police certificate doesn’t contain some details that it should / I’ve got a ‘No Live Trace’; what should I do?
If you have been arrested and/or convicted in the UK and your Police Certificate states “No Trace” or “No Live Trace” (or does not list in full your arrests/convictions), you might still be required to provide details (e.g. when applying for a visa). You may want to apply to the individual court to obtain a record of all convictions and any charges pending.
‘No Trace’ means that you have no convictions, reprimands, final warnings or cautions held on the Police National Computer.
‘No Live Trace’ means that there is criminal record information held on the Police National Computer but it has been ‘stepped down‘. Anyone who sees this and understands this phrase can assume that you have a criminal record from the past, even if they can’t see the details. If this applies to you, we advise that you contact ACRO to obtain details of the conviction information that was not disclosed on your Certificate. If you have requested a Police Certificate for travel purposes, many Embassies will require this detail in order to make a decision on whether or not they should issue you with a visa. Once you receive the undisclosed information from ACRO you will be required to contact the relevant Embassy and disclose your previous conviction/s.
Once the Embassy has this information they will contact ACRO to verify that the conviction details you have provided them with are correct. They will do this in the form of an email quoting what details you have provided and asking ACRO to confirm whether it is correct or not. ACRO can only confirm or deny what has been related by the Embassy. If the information you have provided isn’t correct, the Embassy will ask you to contact ACRO again in order to go through your conviction details so they can be re-submitted to the relevant Embassy.
The Embassies use this process to gauge honesty and integrity and whether you have presented yourself as someone of general good character.
Can I get “No Live Trace” changed to “No Trace”?
Probably not. As mentioned in the question above, people with “No Live Trace” can be concerned that others will know that this means they have a criminal records.
The step-down process is not set out in legislation – so ACRO do not legally have to operate it. For police certificates, the alternative would be a certificate that contained all convictions and cautions. Unfortunately, we think that any challenge to the fact that “No Live Trace” suggests there is a criminal record on file is unlikely to be successful.
Other information
Applications for other countries may be accepted subject to confirmation by the applicant of acceptance by the relevant Embassy, High Commission or requiring organisation
ACRO are currently piloting this initiative, which provides police certificates for visa purposes. This police certificate is issued solely for immigration purposes and shows details of arrests and convictions. It covers the whole of the United Kingdom and is sent to the address provided at the time of the application. It is different to a Subject Access Request(SAR), which can be used to find out any details held on the Police National Computer, including allegations
More information about Police Certificates is available here
ACRO still apply the principles of the step-down process when processing Police Certificates. More information on step-down is available here
Travelling abroad with a criminal record – Country by country
If you’ve been convicted of a criminal offence in the past, then your opportunities for entering another country may be limited. It can be difficult to get a definitive answer as to what questions are being asked by a country’s immigration department about criminal records.
The aim of this page is to give brief guidance on the entry criteria for various countries throughout the world. It’s part of our information on travelling abroad.
Why is this important?
Many countries do not readily welcome people with a criminal record. However, how relevant your offence is and the time period that should elapse before being given permission to enter varies from country to country. Some are a lot stricter than others and it’s likely that we will have separate information where this is the case.
If you are being supervised by probation or on licence, you should follow the advice provided to you by your probation officer. Leaving the country without permission may result in a breach of your licence conditions.
Visas
If the country you’re intending to visit doesn’t require you to have a visa then you’re less likely to have a problem as a result of your criminal record.
Disclosure of your criminal record will often vary depending on the type of visa that you’re applying for. Most countries that issue retirement visas will require a police certificate as do work and student visas.
If you’re asked about your criminal convictions you should answer truthfully. If you don’t and they subsequently come to light, this could result in a lengthy or permanent bar to entering the country; this is especially so in Canada and the USA.
Travel to Africa
Egypt
A visa to travel to Egypt needs to be purchased online in advance. However, there are no questions about criminal records on the visa application form.
Ethiopia
The majority of people travelling to Ethiopia will require a visa. This is available as an e-visa which can be completed in advance or can be purchased on arrival. There are no questions about criminal records on the form.
Kenya
Almost everybody travelling to Kenya will require a visa; the majority of individuals will be able to apply for an online e-visa. This visa application form asks individuals to disclose “any offence under any system of law”.
Tanzania
The majority of people travelling to Tanzania will require a visa. It can be purchased on arrival in the country or in advance as an online e-visa. There are no questions about criminal records on the application form.
Morocco
Most visitors will not need a visa to visit Morocco. They will be asked to complete a Moroccan Immigration Landing Card but this has no questions about criminal records.
Tunisia
The majority of visitors will not need a visa to travel to Tunisia. They will be asked to complete a Tunisian Immigration Landing Card but this has no questions about criminal records.
South Africa
Most visitors will not need a visa to visit South Africa but they will usually be asked to complete a TC-01 Traveller Card on arrival (this is generally for customs purposes). There are no questions about criminal records on the TC-01 form. Further information on travelling to South Africa can be found here.
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If you’re a British passport holder, travelling for less than 90 days, you won’t need a visa to travel to Argentina.
Brazil
If you’re a British passport holder, travelling for less than 90 days you won’t need a visa to visit Brazil. You will be asked to complete a Brazilian Immigration Arrivals Card but there are no questions about criminal records.
Canada
Detailed guidance on travelling to Canada can be found here.
Chile
If you’re a British passport holder travelling for less than 90 days you won’t require a visa to travel to Chile. You will be required to complete a Tourist Card but there are no questions about criminal records.
Cuba
Before travelling to Cuba you’ll need to purchase a Tourist Card online. There are no questions about criminal records on the application form.
Dominican Republic
If you’re a British passport holder travelling for less than 30 days you won’t require a visa to travel to the Dominican Republic. The purchase of a Tourist Card is no longer required.
Mexico
If you’re a British passport holder you won’t require a visa to travel to Mexico. You will be asked to complete an Immigration Card on both arrival and departure but there are no questions about criminal records.
Peru
If you’re an British passport holder you won’t require a visa to travel to Peru if you’re visiting as a tourist.
USA
Detailed guidance on travelling to the USA can be found here.
Travel to Asia
Cambodia
Tourist visas can be purchased on arrival in Cambodia or online by e-visa.
China
Detailed guidance on travelling to China can be found here.
Hong Kong
You can travel to Hong Kong for up to 6 months without a visa. You will be asked to complete an Arrivals Card but there are no questions about criminal records.
India
Detailed guidance on travelling to India can be found here.
Indonesia
If you’re a British passport holder travelling for up to 30 days you won’t require a visa to travel to Indonesia. The Arrivals Card has also recently been abolished.
Iran
The majority of people visiting Iran will need a visa. You should make sure that you apply well in advance of your visit as the process can be long an unpredictable. There is a question on the visa application form which asks “Have you ever had any history of arrests or convictions in any country”.
Israel
You won’t need a visa to enter Israel as a tourist. Upon entry, visitors will be given an Entry Card to complete where you’ll be asked to confirm that you’ve not committed any criminal offence.
Japan
Detailed guidance on travelling to Japan can be found here.
Macau
You can travel to Macau for up to 6 months without a visa. You will be asked to complete an Arrivals Card but there are no questions about criminal records.
Malaysia
If you’re a British passport holder you won’t need a visa to travel to Malaysia. Landing cards have now been abolished.
Nepal
The majority of people travelling to Nepal will require a visa. You can apply online but there are no questions about criminal records on the application form.
Phillipines
If you’re a British passport holder you can enter the Phillipines without a visa for an initial period of 30 days. You will be asked to complete an Arrivals Card but it doesn’t ask questions about criminal records.
Singapore
You can travel to Singapore for up to 90 days without a visa. You will be asked to complete a Disembarkation/Embarkation form but there are no questions about criminal records.
South Korea
If you’re a British passport holder you can enter South Korea as a tourist for up to 90 days without a visa. You will be asked to complete an Arrivals Card but it doesn’t ask any questions about criminal records.
However, the South Korean government also operates an Electronic Travel Authorisation system (K-ETA). Normally, visa-free travellers need to apply for this in advance, but British nationals are currently exempt from the K-ETA requirement until 31 December 2025.
Taiwan
If you’re a British passport holder you can enter Taiwan without a visa for 90 days. You will be asked to complete an Arrivals Card but it doesn’t ask any questions about criminal records.
Thailand
British passport holders can enter Thailand for 30 days without a visa – this is known as a visa exemption. You will be asked to complete an Arrivals Card but it doesn’t ask any questions about criminal records.
UAE
If you’re a British passport holder you can get a tourist visa on arrival in the UAE. As the UAE embassies do not issue visas, you’ll need to apply for one via a UAE-based airline.
Vietnam
Until June 2021 British passport holders can enter Vietnam for 15 days without a visa. After June 2021, visitors will need to apply for an e-visa online although there are no questions about criminal records.
Travel to Oceania
Australia
Detailed guidance on travelling to Australia can be found here.
New Zealand
Detailed guidance on travelling to New Zealand can be found here.
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.
GOV.UK – Provides the latest travel advice by country including entry requirements
More information
For practical information – More information can be found in our travelling abroad section
To read personal stories – You can read stories about this posted on theRecord, our online magazine, under the category of travelling abroad
To discuss this issue with others – Read and share your experiences on our online forum
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