Will I be denied a Retirement visa because caution/record page 2 - Spain forum

Will I be denied a Retirement visa because caution/record

1POSTS

4 years ago

Hello. I am just starting my visa process and have my appointment booked for the 21st December. I have sent my documents away to be apostilled. But I have聽 no live trace criminal record check from 15 years ago for drink driving. The visa I have applied for is the non lucrative visa. Do you think this will be a massive hindrance on the visa application?
How did you guys get on with yours?
Many thanks

Javier in Madrid Mentor Expat Espa帽a

13POSTS

4 years ago

#42

I don't think it will be a problem for something occurred 15 years ago,
Have you been in jail?
Are you going to buy some property or just live from your pension?
Just try not to drink and drive.

SimCityAT Expert

13696POSTS

4 years ago

#43

leegardner wrote:
Hello. I am just starting my visa process and have my appointment booked for the 21st December. I have sent my documents away to be apostilled. But I have聽 no live trace criminal record check from 15 years ago for drink driving. The visa I have applied for is the non lucrative visa. Do you think this will be a massive hindrance on the visa application?
How did you guys get on with yours?
Many thanks

Don't worry about a DUI offence. They are more concerned about Manslaughter, Murder, Armed Robbery.

TominStuttgart Germany Expert

2805POSTS

4 years ago

#44

SimCityAT wrote:
leegardner wrote:
Hello. I am just starting my visa process and have my appointment booked for the 21st December. I have sent my documents away to be apostilled. But I have聽 no live trace criminal record check from 15 years ago for drink driving. The visa I have applied for is the non lucrative visa. Do you think this will be a massive hindrance on the visa application?
How did you guys get on with yours?
Many thanks

Don't worry about a DUI offence. They are more concerned about Manslaughter, Murder, Armed Robbery.

Does anyone know the details for how it is actually decided in Spain? Of course violent and often drug charges are red flags but say in Australia I know they say if one has served 12 month or more total in prison for any offenses then they are usually denied entry. A combination of multiple relatively minor convictions could spell trouble. And a DUI sometimes get a slap on the wrist and no jail time - while other times it might mean a significant sentence say if people are seriously injured or killed.

Gezmondo New member

5POSTS

4 years ago

#45

Hi all,I have a conviction for drug possession with intent to supply over 28 years ago. I received a 5 year prison sentence for this offence in the UK. I also have a criminal record when I was younger for different offences which are spent (apart from the 5 year sentence as that鈥檚 never spent) but they are all spent and are over 35 years ago. I鈥檓 now 56 year old and turned my life around after that sentence and have run successful business since then. Has anybody any idea if my past will stop me getting a Spanish visa and living in Spain or will the length of time be on my side. Thanks

Guest987462 Guest

0POSTS

4 years ago

#46

You not got a chance fella鈥�. I have a 6 month conviction in a young offenders institution for affray( fighting with a bouncer) from 2001. I was a juvenile so a slight better chance. Applied at Manchester consulate and in fairness to them was told not to apply but I said fuck it only here once..
cost me 1,300 euro in health insurance
1,100 from my solicitor to apply
1,130 in visa fees ( my wife also who got her visa)
Plus the fees for the health certificate, police check,then the apostle and then the the translation. I鈥檓 over 5 grand in , as I type we are in Spain with my wife having her TIE and I don鈥檛.
So my wife will not even collect her card from the police station.

Basically any criminal record check that is live you have no chance.
Not sure when your offence is stepped down( 35 years for me for beating a bouncer up)

I will try again when my offence is stepped down. But if it who鈥檚 a record you screwed.

My wife鈥檚 said no trace which means zero鈥�
Even in the future mine will say no live trace meaning there was something earlier and the USA do investigate 鈥� no live trace鈥� no precedent for this in Spain.

But 5 in jail for drugs forgot it fella

Gezmondo New member

5POSTS

4 years ago

#47

Thanks for reply and doesn鈥檛 sound like I鈥檝e any chance,thought time passing might have been given a chance but also didn鈥檛 realise it cost that much to apply. Thanks again

Guest987462 Guest

0POSTS

4 years ago

#48

Don鈥檛 waste your brass pal

I鈥檝e appealed but not holding out much hope.

Appeal went in 2 weeks ago and Manchester has to legally reply within 3 months鈥�. But I鈥檓 already pretty certain of the outcome.
I will post the the appeal result

Gezmondo New member

5POSTS

4 years ago

#49

Thanks again,keep us informed

Pi帽era del Olmo Law Firm New member

6POSTS

4 years ago

#50

No. But you should check also if you can cancel the criminal records. In Spain is possible I do not know if it is possible too in the UK

Guest987462 Guest

0POSTS

4 years ago

#51

This is what my solicitor has based the appeal on. The fact that it was in another country ie,Spain USA etc.. I could just ask for 5 years criminal record check ( which is all the Spanish ask for) and it would come back clean. It鈥檚 a form of discrimination. I will post the result when I hear back from Manchester

SimCityAT Expert

13696POSTS

4 years ago

#52

We all know Tommy Robinson (EDL founder), who tried to move to Spain. Spain denied him to stay in the country because of his past record.

Gezmondo New member

5POSTS

4 years ago

#53

I don鈥檛 think that is possible in uk but thanks for reply

Guest987462 Guest

0POSTS

4 years ago

#54

I can confirm that you cannot clean up the ACRO police check in the UK. Some offences get stepped down but some don鈥檛.

You can be actually Google ACRO POLICE STEP DOWN MODEL and it tells you how long your offence is on record for.

I鈥檓 pretty sure that a five year sentence for a category A offence will never be stepped down from your record but by all means check it.

Gezmondo New member

5POSTS

4 years ago

#55

Your right dexter,anything over a 4 year sentence is never spent,it鈥檚 there for life! But I was originally hoping Spain would take into account the many years I鈥檝e kept my nose clean but I鈥檓 afraid that doesn鈥檛 seem to be the case. There鈥檚 not much I can do about it by the聽 looks of it鈥� and we can鈥檛 turn the clock back ehh. Cheers for replying

Guest987462 Guest

0POSTS

4 years ago

#56

My drug possession 23 years ago, I got a 拢150 fine, changed status at 20 years.聽 Before my Uk police check listed the charge, now it says No live trace.聽 This means it鈥檚 aware there was a charge but it has been over a period of time that it doesn鈥檛 need to be shown,聽 this is different to no trace which means there never was any charges.聽 The 20 years is harsh as it鈥檚 classed with terrorise, assault, rape, when you are a kid doing what many kids do at that age, it鈥檚 archaic as it鈥檚 even classed the same as insulting the King鈥檚 daughter, so there鈥檚 ancient crimes on there that aren鈥檛 even relevant today. So it must have never been reviewed only added to.

So whilst a live trace will show charges for some, too early to know what Spain do about them until people start applying more post Brexit,聽聽The income rules are my concern as I don鈥檛 want to work for a company, it was semi retirement plans so using my TEFL to do some hours teaching, and doing some ad hoc work for a UK company from Spain, maybe make some business plans via the property I buy, maybe renting some rooms, but none may achieve the high minimum requirement for income.聽 Unless I rented my uk home out聽 instead of selling so that goes some way towards the income requirement.聽 But that then impacts what I can buy in Spain to live in.

Helpneeded27 Member

21POSTS

4 years ago

#57

@SimCityAT

Where is this forum? I would like help from John too please.

Phil722 Active member

32POSTS

4 years ago

#58

@leegardner

I had a misdemeanor (minor offense that resulted in a fine + suspended sentence) on my USA record from about 25 years ago. My attorney in Spain told me to get a copy of the sentence and have it apostilled. I was eventually able to get Spanish citizenship with no problem. My offense was tax-related, not a violent crime or drug crime.

Helpneeded27 Member

21POSTS

4 years ago

#59

@clivecampbell2021 -my thoughts exactly. It鈥檚 definitely discrimination-being penalised for offences that were years ago .. and yet they say they are only interested in the last 5 years. Not true.聽 Under rehabilitation of offenders -spent but under ACRO - criminal still. Unfair.

Helpneeded27 Member

21POSTS

4 years ago

#60

@dexter1973 -what happened on your appeal?

Guest987462 Guest

0POSTS

4 years ago

#61

I can confirm to those interested that my appeal for the non-luc visa was successful.

Heard back from the Manchester consulate today so it鈥檚 not a lost cause with a criminal record馃憤

TominStuttgart Germany Expert

2805POSTS

4 years ago

#62

I can confirm to those interested that my appeal for the non-luc visa was successful.

Heard back from the Manchester consulate today so it鈥檚 not a lost cause with a criminal record馃憤
- @dexter1973

Interesting to know. Can you give some idea of the parameters of how this is decided that might enlighten others in similar situations?

gwynj Bulgaria Expert

2593POSTS

4 years ago

#63

Congratulations!

Guest987462 Guest

0POSTS

4 years ago

#64

@gwynj

Thanks gwynj鈥� just got to persevere.

Despite the consulate staff advising against it I just tried my luck鈥�. Got to buy a ticket to win a raffle.

Sincere80 Member

1POSTS

3 years ago

#65

I was wondering what the situation is for someone with a criminal background who also got into a fight? This was 18 years ago.

Any advice?

rdkater Member

23POSTS

3 years ago

#66

@Sincere80 a fight never a good idee you may the help of a layer to proof you are now a good person.

sherylmulloy Member

19POSTS

3 years ago

#67

Im here, I鈥檝e got a visa only in may, I鈥檝e a criminal record for battery, for 12 years ago, I got refused on my application but I hired a Spanish lawyer and he questioned their legislation and I got accepted, so there is a way, if you want my lawyers name I鈥檒l pass it on he鈥檚 based in Barcelona, I now live in lanzarote

n1xsta New member

3POSTS

3 years ago

#68

@sherylmulloy would like to get the information of your lawyer

n1xsta New member

3POSTS

3 years ago

#69

Hey guys,

I have been searching everywhere for information on UK citizens with a criminal record and this is the only real information I have found on here.

I have a criminal record from 10 years ago which I鈥檓 guessing I am automatically going to get denied for. I would love to know how many people have been able to gain a visa with an old offence that still shows up

den&glynn New member

3POSTS

3 years ago

#70

@sheryl mulloy

yes thank you if you could give us the details of your legal team and how to get in touch, that would be very helpful. we have emailed the embassy in Manchester but they are not easy to deal with?聽 Denise & Glynn.

n1xsta New member

3POSTS

3 years ago

#71

@Guest987462 would appreciate it if you could share your solicitors details

SimCityAT Expert

13696POSTS

3 years ago

#72

@Guest987462 would appreciate it if you could share your solicitors details
- @n1xsta

They are no longer members of the site, so sadly you will not get a reply from them.

SimCityAT

Expat Team

antz0306 Member

1POSTS

3 years ago

#73

Hi there

just applying for non lucrative visa. I have a caution for growing cannabis from 4 yrs ago. Is it going to stop me getting visa. Nothing else on Acro this is my only ever crime

Phil722 Active member

32POSTS

3 years ago

#74

I had a 25-year old misdemeanor record for a minor tax violation (USA). I had to supply the court decision (translated/apostilled), and an explanation and opinion by my original attorney (translated/notarized). These showed that my penalty was ONLY a fine.

I was able to get Spanish citizenship after supplying these. I have no idea what the criteria is, whether it's time, severity, or sentence. However my Spanish attorney was 100% confident that with supplying these docs, I would have no problem whatsoever.

My feeling is that you're better off getting a Spanish attorney BEFORE submitting the documents instead of after getting refused. Afaik, the appeal process is s-l-o-w and cumbersome.

eher5548 New member

5POSTS

3 years ago

#75

Has anyone had experience with submitting an Application at the Spanish Consulate in Miami, for a Golden Visa OR any other type of LONG TERM聽 Residency Visa, with 2 very old misdemeanor DUI's that are OVER 20 yrs old, reflected on their FBI BACKGROUND CHECK REPORT?聽聽Can you let me know if your Application was APPROVED?? I am planning to go to Spain this month to start the seach to buy a home to retire there and am anxious to get some comfort level on the liklihood of being approved before I go?聽 THANKS IN ADVANCE EVE

eher5548 New member

5POSTS

3 years ago

#76

@electra777

Did you apply from the Miami Consulate ? I will be using this Consulate and am concerned. I have 2 MISDEMEANOR DUI'S that are 20 and 28 yrs old..hoping to learn from anyone of their experience applying from Miami for a GOLDEN VISA using this Consulate who may have had a similar situation? Thanks in advance.

Eve

eher5548 New member

5POSTS

3 years ago

#77

@electra777

Hi Electra...did you and your husband apply for your VISA from the Miami Consulate? Did you use a Miami Immigration lawyer and could you please refer them to me either way? Thankyou Eve

eher5548 New member

5POSTS

3 years ago

#78

@Guest987462

Actually that 5 yr time-frame is in regards to where you have RESIDED FOR THE PAST 5yrs not the time-frame they check for CRIMINAL HISTORY. My SPanish attorneys verified this with me as I had also interpreted the 5 YR's as being the period in which a Crime could not occur.聽 Has anyone who had聽 a misdemeanor DUI 20 YRS AGO applied for their GOLDEN OR NON L VISA via the MIAMI Consulate? I am trying to learn what their outcome was? I'd really appreciate it if anyone could speak to this question, who has experience with that or any other SPANISH CONSULATE in the USA?

Thank you in advance!

CallumK Member

2POSTS

3 years ago

#79

Hi there, I wish to move to Spain but fear a DR30 (failing to provide a specimen) in 2012 (10 years ago) will currently prevent me from doing so. Spain only ask for the last 5 years but as I understand the ACRO will show this conviction for 12 years, after which it will be "stept down" and the certificate will show "no live trace" which I assume will be fine. However, thats 2 years away and I'd really like to make the move now.

Has anyone had any experience with this? Will Spain reject the application if they see a conviction from 10 years ago on the ACRO?

Can you request an ACRO for the last 5 years? (I doubt it).

Any experience or advice will be appreciated.

michaelbrourman Member

15POSTS

3 years ago

#80

Spain only ask for the No criminal record for the past 5 years where you reside. At least it's the case a couple years ago when I did it.
-@Vonster.1

That is technically correct. When you read the information which you are required to provide, it only asks for the past 5 years. The problem is that the FBI will not limit the report it makes to the last 5 years. The other option you have is your State Attorney General. In California, where I live, the AG also doesn鈥檛 limit the results to 5 years.

My visa was approved. But the biggest hurdle I had to overcome was a report showing I had been 鈥渄etained鈥� 23 years ago. No arrest was made, no charges filed, and the report shows the matter was dismissed without charges for lack of evidence. Yet, the Consul spent more time questioning me on that than they did about the rest of my application combined.

If you happen to have moved to another state subsequent to the two incidents you describe, they might not show up in your background search. The older one may not show up if it is before records were computerized. However, if you can try doing it聽 through your State Attorney General and see if you can frame the request to being limited to the last 5 or 10 years. Remember, these background checks are utilized for other things, like job applications, and some of them have time limits on the searches. You might try calling in advance to see how you can frame your request to limit the time period.