The European Travel Information and Authorisation System is expected to come into force in late 2026, leading to concern for those with criminal records that they may no longer be able to travel to mainland Europe.
From late 2026, most UK citizens travelling visa-free to the Schengen Area and certain other participating European countries will need an ETIAS (European Travel Information and Authorisation System) travel authorisation before departure. ETIAS is a pre-travel screening system that will be electronically linked to a traveller’s passport, and which will generally remain valid for up to three years or until the passport expires, whichever occurs first.
One of the most common concerns we are hearing from prospective travellers is whether a criminal record will prevent them from obtaining ETIAS approval. The short answer is that a criminal conviction does not automatically result in refusal. However, certain offences may trigger additional scrutiny and, in some cases, lead to an application being denied.
What criminal history does ETIAS consider?
The ETIAS application will include security-related questions concerning certain serious criminal convictions. Applicants may be asked whether they have been convicted of specified offences within the previous ten years, or twenty years in relation to terrorism-related offences. Relevant offences include terrorism, human trafficking, drug trafficking, sexual exploitation of children, serious violent crime and participation in organised crime.
Importantly, ETIAS is not intended to exclude every traveller who has ever received a criminal conviction. Minor offences, particularly those committed many years ago, are less likely to affect an application than recent convictions involving serious criminal conduct. Applications are assessed on a case-by-case basis, taking into account the severity of the offence, the date of conviction, and any security concerns arising from the circumstances.
Looking at other travel authorisation systems
Although ETIAS has not yet gone live, useful guidance may be drawn from other countries that operate similar pre-travel authorisation schemes.
For example, the United States Electronic System for Travel Authorization (ESTA) does not automatically refuse all applicants with criminal records. Instead, particular attention is given to convictions involving serious criminality, drug offences, terrorism, or crimes involving moral turpitude. Many travellers with historic or less serious convictions are still able to travel, although some may be required to apply for a visa rather than use the visa waiver programme.
Similarly, Canada’s Electronic Travel Authorization (eTA) and the UK’s Electronic Travel Authorisation (ETA) systems focus on identifying individuals who may present a threat to public safety, national security or immigration control. In each case, authorities assess the nature of any offending and the level of risk posed by the applicant.
The overall trend across these systems is that authorities are less concerned with historic minor offending and more concerned with serious, recent or security-related criminality. ETIAS appears likely to adopt a similar risk-based approach.
Honesty is essential
Applicants should ensure that all information provided during the ETIAS application process is accurate and complete. ETIAS applications will be checked against a number of European and international databases, including the European Criminal Records Information System (ECRIS), the Schengen Information System (SIS), Europol and Interpol databases.
Attempting to conceal or misrepresent a criminal conviction is likely to cause more difficulties than disclosing it honestly. Inaccurate information may result in an application being refused, delayed or subjected to further investigation.
What happens if an ETIAS application is refused?
If an ETIAS application is refused, the applicant will receive notification explaining the reason for the decision and identifying the authority that made it. Travellers have the right to appeal a refusal, revocation or annulment of an ETIAS authorisation. The appeal must be made in accordance with the national laws and procedures of the Member State responsible for the decision.
A refusal does not necessarily mean that travel to Europe is permanently impossible. Depending on the circumstances, an applicant may be able to submit a new ETIAS application addressing the issues identified in the refusal notice or apply for a traditional Schengen visa through the relevant consulate.
For travellers with a significant criminal history, a Schengen visa application may provide the opportunity to submit supporting documentation demonstrating rehabilitation, evidence of good character, and the purpose of travel.
Seeking advice before applying
Individuals with recent convictions, multiple offences or convictions falling within the categories specifically referenced by ETIAS may benefit from obtaining legal advice before making an application. Understanding how convictions are likely to be assessed and ensuring that all information is disclosed properly can reduce the risk of delays or refusals.
For further information regarding ETIAS applications and criminal record issues, please contact our immigration team at immigration@fsp-law.com
This article is for information only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0118 951 6200.
