Can a traveller with a criminal record apply for ETIAS?
The short answer is yes. However, depending on the severity of the crimes involved (and the accompanying sentences) a criminal record may considerably reduce an applicant's chances of securing an ETIAS or even lead to refusal.
Third country nationals, such as U.S. and UK passport holders, will require ETIAS approval before venturing into Europe after 2025 and this approval must be secured either online or via a dedicated mobile app. The process involves filling out a detailed questionnaire and supplying basic information concerning the applicant's name, address, date of birth, gender, nationality etc. But an ETIAS application form also requires details concerning a person's current state of health, existing medical conditions and previous criminal record or convictions.
ETIAS, while still strict, aims to be fairer to applicants who have fallen foul of the law. Depending on the seriousness of the crime committed, and the amount of time elapsed since conviction, it is possible for applicants to acquire an ETIAS although there may be extra steps that need to be taken and more procedures to go through.
And
Individual countries also operate their own system of assessment which may result in a refusal of entry. Germany, for example, reserves the right to refuse entry to, or deport, any visitor who has:
- Served a sentence of three years or more for public order offences
- A conviction for drug-related offences with an accompanying sentence of two or more years
- Been convicted for any crimes involving human trafficking
Generally speaking, visitors to Europe with the necessary ETIAS approval will not be questioned about minor offences by border officials but it can happen and it is always best to answer such questions honestly as any information supplied can be quickly checked against the ETIAS security database.
Why would the EU (Spain in particular) be keen to admit entry to people convicted of civil disorder type convictions when they have their own ongoing internal protests over the behaviour of tourists?
Its a particular offense they will be looking at.
It will also mean increasing enforcement of laws in the EU relating to anti-social behaviour in tourist hotspots. Brits who don't behave will start having their ETIAS revoked.
https://etias.com/articles/applying-for-etias-with-a-criminal-record