Will I be denied a Retirement visa because caution/record

@sherylmulloy id be grateful for the lawyer’s name - thank you!

@TominStuttgart

You're example is a drug offence when entering the US. They have issues with even possession charges but most EU countries and Canada don't have that issue unless it is a drug trafficking offence.

Possession of a drug in the EU is not classed as a serious felony and is certainly deemed rehabilitated if the offence was older than 5 years. In fact if the offence did not result in a prison sentence and was only a fine or caution then it is deemed rehabilitated in the EU and Canada and many other countries after 12 months.

@TominStuttgart
You're example is a drug offence when entering the US. They have issues with even possession charges but most EU countries and Canada don't have that issue unless it is a drug trafficking offence.

Possession of a drug in the EU is not classed as a serious felony and is certainly deemed rehabilitated if the offence was older than 5 years. In fact if the offence did not result in a prison sentence and was only a fine or caution then it is deemed rehabilitated in the EU and Canada and many other countries after 12 months.
-@mwprltd

Very misleading post. Such a scenerio of a light consequence is possible but totally depends on the situation; which drug(s) how much and was it with intend to sell and/or found while crossing a border.

@TominStuttgart
You're example is a drug offence when entering the US. They have issues with even possession charges but most EU countries and Canada don't have that issue unless it is a drug trafficking offence.

Possession of a drug in the EU is not classed as a serious felony and is certainly deemed rehabilitated if the offence was older than 5 years. In fact if the offence did not result in a prison sentence and was only a fine or caution then it is deemed rehabilitated in the EU and Canada and many other countries after 12 months.
-@mwprltd

Very misleading post. Such a scenerio of a light consequence is possible but totally depends on the situation; which drug(s) how much and was it with intend to sell and/or found while crossing a border.

@TominStuttgart

I said "possession". The possession of a drug that resulted in a non custodial fine is deemed in the EU and the UK and Canada as rehabilitated after 12 months.

We aren't talking about intent to supply and I am also taking about even class A drugs such as cocaine.

It is as stated in the rehabilitation of offenders act. The only thing it is dependent on is the sentence handed out for the offence and if it was a fine as most possession offences will be then it is deemed as rehabilitated after 12 months.

The US is a different story because they don't like any historic drug offences unless a small amount of class c but not the same for the EU and Canada and the UK.

@TominStuttgart

as you can see from this UK government table any offence that resulted in a non custodial fine becomes a spent conviction after 1 year.

https://www.gov.uk/guidance/rehabilitation-periods

Sorry to butt in but unfortunately the rehabilitation of offenders act is purely for being allowed to work in the UK and is not used for immigration. The ACRO is the official document which has different step down’ rules for whether a crime is detailed or not.

if you have been convicted of any crime at all the ACRO will show either the crime - if it has not been stepped down OR the words ‘no live trace’ which means you have done ‘something’ but sufficient time has passed. Unfortunately this wording doesn’t help because often the country then wants to know what the crime was.

@Helpneeded27

Yes I understand that but what I am talking about is whether the UK or the EU consider the conviction to be spent and Canada certainly follows for immigration purposes the same spent rules from the Rehabilitation of offenders act as the UK and the EU have similar guidelines.

Step down for ACRO police certificates stopped in 2009. There is no longer a step down process so yes all convictions and cautions will appear on a police certificate produced by ACRO but the question asked was how those convictions will affect immigration visas which is where rehabilitation guidelines come into play. The EU, Canada and the UK are pretty much in line on that basis so they aren't going to have a problem with a drug possession offence that was a fine only offence that is 20 years ago. The US doesn't follow that same principal though as I have said in the same way Canada doesn't follow the same spent/rehab guidelines as the US in relation to drink driving offences. It is very difficult to get into Canada with a drink driving offence whereas that wouldn't be a problem for the US.

Hi I have 2 driving convictions on my phone will this cancel the visa application

What If you were detained but not arrested. I believe in the US that still shows up on the type of record Spain is asking for. It was within 5 years but here in the states it means you were not arrested, charged or convicted. Stupid it still shows up on the record.

@wiley57 Hi, did you get a visa from spain even theres a long time conviction? I hope I can hear an answer from you.

Thank You

I think a lot of people are getting confused with this only last 5 years  of any convictions

needed this just means the last 5 years the country you reside in not the last 5 years of any convictions that’s  irrelevant and sorry to burst ruin any dreams your police certificate needed from acro will list any cautions or convictions so you pending on the conviction or caution your at the immigrations  mercy.

After  I got my disclosure record  the police had on me it was listed to make sure it looked worse than it was  they added possession with the intent to supply even thought it says nfa/ no further action so they are making look like I’m guilty of the offence without even been convicted

i can pay £55 and apply for a police certificate just to see how it comes back maybe it will have just the conviction from 40 years ago and Possession of cannabis but that be a better look than possession with internet to supply but drugs looks like a big rubber stamp no visa because it’s drugs .

I’m not about to spend 2k plus or more to get denied a nlv ,I have myself to blame but the uk needs to stop punishing citizens forever their  quite happy to not let a conviction or caution show on a dbs checks after a certain time because there happy for you to work all you life paying taxes and at the same time keep you a prisoner in the country by making sure you can never have no clear record to emigrate.

Im 55 now and really ain’t got fight to be bothered moving to Spain unless they also become a little less strict and the way I see it I can still get a whole lot of holidays for my 300k+ I’d of used buying a property there plus adding to there economy paying my way

so its just how it is I can’t change the past and I won’t let the government make me feel like I’m a criminal either.

I think a lot of people are getting confused with this only last 5 years of any convictions
needed this just means the last 5 years the country you reside in not the last 5 years of any convictions that’s irrelevant and sorry to burst ruin any dreams your police certificate needed from acro will list any cautions or convictions so you pending on the conviction or caution your at the immigrations mercy.
After I got my disclosure record the police had on me it was listed to make sure it looked worse than it was they added possession with the intent to supply even thought it says nfa/ no further action so they are making look like I’m guilty of the offence without even been convicted
i can pay £55 and apply for a police certificate just to see how it comes back maybe it will have just the conviction from 40 years ago and Possession of cannabis but that be a better look than possession with internet to supply but drugs looks like a big rubber stamp no visa because it’s drugs .
I’m not about to spend 2k plus or more to get denied a nlv ,I have myself to blame but the uk needs to stop punishing citizens forever their quite happy to not let a conviction or caution show on a dbs checks after a certain time because there happy for you to work all you life paying taxes and at the same time keep you a prisoner in the country by making sure you can never have no clear record to emigrate.
Im 55 now and really ain’t got fight to be bothered moving to Spain unless they also become a little less strict and the way I see it I can still get a whole lot of holidays for my 300k+ I’d of used buying a property there plus adding to there economy paying my way
so its just how it is I can’t change the past and I won’t let the government make me feel like I’m a criminal either.
-@Needtogetoutofhere2021

Different countries have different rules. So unless you are an international lawyer I would like to hear more from you?

Hi.

Hoping to resurrect this topic as we are now a couple of years on.

I am 71 and 10 years afo received a fine and 6 points for driving without due care and attention and failing to stop after accident. Nothing else on my record.

Has anybody had experience with the consulate as my understanding is they only need the past 5 years covered.

As previously mentioned, ACRO record all offences.

Pat

Hi.
Hoping to resurrect this topic as we are now a couple of years on.
I am 71 and 10 years afo received a fine and 6 points for driving without due care and attention and failing to stop after accident. Nothing else on my record.
Has anybody had experience with the consulate as my understanding is they only need the past 5 years covered.
As previously mentioned, ACRO record all offences.
Pat
-@pabrmu

I am pretty sure you have nothing to worry about a driving offence.

Thanks SimCity.

Problem I have is that I need to sell my house over here in UK to have the funds to live in Spain. I already have a place in Spain.

To apply for the visa, you have to have the money in your bank, which I will when I sell. However, if i get refused, I have nowhere to live here. A Catch-22 situation.

Thanks SimCity.
Problem I have is that I need to sell my house over here in UK to have the funds to live in Spain. I already have a place in Spain.
To apply for the visa, you have to have the money in your bank, which I will when I sell. However, if i get refused, I have nowhere to live here. A Catch-22 situation.
-@pabrmu

They are interested in hard crimes and if you are a threat to the country, not driving fines and points on your license.  I can not see any reason for you to be refused.

Thanks Sim City.

heres hoping. Will keep people informed as there must be quite a few people who would be affected by this.

Hi, any advice on my situation will be greatly appreciated, i have 2 convictions, one for driving under the influence in 2015, ban and fine.

Another for ”battery” 2016 fight with a security guard. both Non custodial, l applied for a visa last may 2022 to live in spain and it was denied, which was always what myself and laywer thought, im wondering tho does anyone think i could i have possibly appealed this and received a different outcome?

In reply to your question, this is what I found " The United Kingdom does not routinely share criminal records with foreign authorities. As a result, if you declare a criminal record on your visa application form, you may be required to provide a police certificate as part of your application" so unless  you had declared that you had criminal records in your application, it would appear there is no way for Spanish authorities to find out. It follows if you did declare that you had criminal records, the chances of getting a visa to settle in Spain are very slim even if you appealed. Having said you can always get a Spanish lawyer to appeal the refusal. Best of luck!

I had to provide BOTH recent FBI and a state police reports. I think that's a standard requirement, but as I said, I used a Spanish attorney who was somewhat familiar with the fact that there are two entities in the USA that can have criminal records. Check with your Spanish attorney as to what will be required by his/her notario.

It takes neither much effort nor time to get these documents, and in Massachusetts, it's easy to get state docs apostilled. Your FBI record and your state record can be apostilled (separately) pretty easily if you're in the USA.