Countries you cannot visit with a criminal record

To many clients we help, the main concern they raise is the potential impact of a conviction on the ability to travel or emigrate to other countries. American immigration issues are by far the most common we come across. Our previous articles about this specific issue including a guest article from a specialist US immigration attorney are worth checking out. However, laws evolve and change constantly and so it is always worth seeking specialist and current advice from an immigration lawyer for the country concerned.

We do not profess to be immigration experts. However, we have outlined an overview of a number of countries’ stances in relation to a drink or drug drive conviction and the impact this may have on your travel eligibility.

Firstly, there are some countries where a person’s criminal history is not queried, or where a visa is not required at all.

There is no link between your criminal record history and your passport. The chip on your passport is for photographic and biographic information only.

The countries listed below are based on travel/tourism and not business-related travel.

Countries that do not require a visa or do not query a traveller’s criminal record history include:

Before travelling to the US, travellers from the UK can usually avoid obtaining a VISA by applying for an Electronic System for Travel Authorisation (ESTA). This is an online system than can determine in seconds the right of a visitor to travel to the US. This is not a final decision as this authority lies with Customs and Border Protection officers at the point of entry.

The ESTA programme was set up in 2009 to allow citizens from countries signed up to the Visa Waiver Programme to visit the US for up to 90 days without a visa which can be made online. There are specific questions relating to any previous criminal offences, drug offences and terror-related offences before acknowledging the declaration and submitting it to be considered.

The UK’s Rehabilitation of Offenders Act 1974 does not apply to US law and therefore even spent convictions must be declared. If you do not declare previous convictions, you may be barred from travelling or refused entry on arrival.

It is likely that if you have previous drink or drug driving convictions you will be required to have a meeting at the US Embassy in London to seek eligibility for a Visa. This process can take between 90 days and 6 months to be approved and this is where the matter becomes complicated. We would advise that before you take any steps/contact the Embassy you seek specialist advice from a USA immigration expert. There is additional information on travel to the US on our guest post by Daniel Parisi who was the Chair of the America Immigration Associations Department of State Liaison Committee and is currently the managing director of his immigration firm.

Our previous article and Mr Parisi’s article are accessible by visiting:

Drink driving and travel to USA

2019 Update on US Immigration Rules – Drink and Drug Driving Consequences

Before travelling to Australia, travellers are required to obtain an electronic visitor visa. If you have a criminal record that resulted in a prison sentence, you may need to apply for a full tourist visa. Drink and drug driving and failing to provide offences can carry custodial sentences in English law which may cause issues when applying for a visitor visa.

If the visitor visa is refused, you will need to make an application to the Australian High Commission in London. Applicants are usually required to also apply for a police certificate which can take up to 49 days to arrive to submit.

The test that is considered is a “character test” that states an applicant with a “substantial criminal record” or “if the person is not of good character due to their past and present criminal or general conduct” may have their visa rejected or revoked.

The legislation can be reviewed here that provides definitions of “substantial” criminal record and “good character”.

The “character test” allows the assessor to look at the conduct since the sentence was passed. A traveller can provide evidence to be considered by the Australian Department of Immigration and Border Protection who can use their discretion to approve or reject the application.

Unfortunately, if the Visa application is cancelled on grounds of failure to meet the character test or substantial criminal record the applicant is permanently excluded from Australia.

Travelling to mainland China from the UK will require a Visa to be obtained and granted. This needs to be obtained in person at the Chinese Visa Application Centre with offices in both London and Manchester (address and locations noted on the official website: https://www.visaforchina.org/). The application cost varies and can take around a week to process.

The application form does ask “do you have any criminal record in China or any other country? Yes/No”. There is very little guidance as to what should be disclosed however the Chinese Embassy states that disclosure will not automatically stop the visa from being granted so applicants should answer honestly to avoid the risk of being expelled from China upon entry.

There are extremely severe sentences passed in China for drug offences, including the death penalty. The Chinese can undertake random drug testing on foreign nationals upon entry and could be prosecuted regardless of where and when the drugs were consumed.

Travel to Canada requires an application for an Electronic Travel Authorisation which takes a couple of minutes to complete. There are specific questions relating to criminal convictions that the application will be required to answer:

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.

The Canadian Embassy on receipt of any application that confirms criminal convictions will consider whether the applicant has been “deemed rehabilitated” before deciding whether to grant and issue the ETA. If the ETA is declined, the applicant will need to apply for a Visa.

Applicants will have to apply for criminal rehabilitation under Canada’s Immigration and Refugee Protection Act. Under this guidance, it does state that you may be “criminally inadmissible” if you have criminal offences such as driving whilst under the influence of drugs or alcohol. However, if the criminal record is considered spent under the Rehabilitation Offenders Act 1972, you should be “deemed rehabilitated”.

Our blog on CRB explains the difference between spent and unspent convictions: Will my conviction for a motoring offence show up on a criminal record check?

The best advice we can give if you are concerned about the impact of a conviction on your ability to travel is to seek specialist immigration advice. It may be that this crystallises your decision about what to do regarding a pending matter in which case, we would be happy to hear from you and work with you to achieve your desired outcome.