When it goes live in late 2026, the European Travel Information and Authorisation System (ETIAS) will transform the way UK citizens travel to EU countries.
Under the new arrangements, a UK passport holder wishing to travel to any European Union country will first need to obtain authorisation (effectively, a visa waiver) from the online ETIAS application portal.
An ETIAS application should, for most people, be straightforward. It will cost €7.00 (although applicants aged under 18 or over 70 pay no fee) and should be processed within ten minutes.
Armed with a valid ETIAS travel authorisation, a UK passport holder can enter the EU as often as they wish for short-term stays (normally for up to 90 days in any 180-day period). The ETIAS travel authorisation is valid for three years or until the travel document used in the application expires.
However, much like the US ESTA system, ETIAS will also ask applicants to provide additional information including prior interaction with the criminal justice system. This means applicants with criminal records may face problems obtaining ETIAS authorisation to travel into the EU.
In the below blog, civil litigation partner Stefano Ruis sets out what we know so far about how anyone with a criminal record should engage with ETIAS.
How does ETIAS work for people with criminal convictions?
Every ETIAS applicant will be asked to provide answers to the same set of questions. They will be asked for:
- name, place and date of birth, gender, nationality, parents’ names
- any other names or nationalities
- passport details, home address, email address and telephone number
- education level and occupation
- details of European countries being visited.
All applicants will also be asked the following three questions:
1. “Have you been convicted of any criminal offence listed in the Annex over the previous 10 years and in the case of terrorist offences, over the previous 20 years, and if so when and in which country?”
2. “Have you stayed in a specific war or conflict zone over the previous ten years and if so, the reason for your stay?”
3. “Have you been subject to any decision requiring you to leave the territory of a Member State or have you been subject to any return decision issue over the previous ten years?”
What criminal convictions does ETIAS need to know about?
Of the above three questions, the first, which concerns criminal records, is likely to be an issue for some applicants.
The full list of reportable criminal offences can be found in the Annex to the applicable EU regulation. However, it is worth knowing that the list includes the following offences:
- rape
- child pornography
- illicit trafficking in narcotic drugs
- corruption and fraud
- money laundering
- sexual exploitation of children
- forgery and counterfeiting
- murder and grievous bodily harm
If an ETIAS applicant has been convicted of any of the offences in the Annex in the 10 years prior to the application (or 20 years in respect of terrorism-related matters), they must answer YES to the question.
How will ETIAS define a “war or conflict zone”?
The second of the three questions listed above asks about applicants’ presence in what are termed “war or conflict zones”.
Unlike reportable criminal offences, ETIAS does not yet appear to have defined what it considers to be a “war or conflict zone”. Nor has it set out how it will treat applicants who answer “YES” to this question.
Under EU regulation 2018/1240 the European Commission can specify the content and format of questions to applicants relating to stays in war or conflict zones. At the time of writing, how it will do this is for ETIAS matters remains unclear.
It seems likely that ETIAS applicants who travelled into the UK seeking asylum, as well as UK citizens who have visited war zones (even those who did so in a professional capacity), may face issues in relation to this question.
How will my application for travel to the EU be checked by ETIAS?
There are two checking stages to the ETIAS system: an automatic stage and a manual stage. Most applications will be dealt with automatically.
ETIAS will automatically cross-check an applicant’s details across several international security databases, creating a complete profile of the applicant. These databases are likely to include:
- EURODAC – EU fingerprint database
- EUROPOL – EU agency for law enforcement co-operation
- SLTD – INTERPOL stolen and lost travel documents database
- SIS – Schengen Information System
- VIS – Visa Information System
- ECRIS – European Criminal Records Information System
If the automatic system detects a match between an applicant and information on any of the databases above it will be “flagged” for manual inspection.
Similarly, any ETIAS application in which the applicant has answered YES to the question about previous criminal convictions will be “flagged” for manual inspection.
A flagged application will be passed to a “National Unit” in the relevant EU country for manual processing, to assess any risk an applicant may pose.
We do not know, at the time of writing this blog, what information will inform each EU state’s decision to either approve or reject an ETIAS application. However, it may request additional information or documentation from an applicant and may even invite an applicant for interview in their country of residence.
Given that each EU country may only have limited information (which may not be completely accurate), people with relevant criminal convictions should ensure that all documents regarding such matters are retained safely.
Information gaps and inaccuracies in foreign information databases mean it may become necessary for individuals with criminal pasts to prove they are entitled to travel to Europe under the ETIAS system.
Does my criminal conviction mean I will be refused entry to the EU under the ETIAS system?
Decisions on whether the ETIAS authorisation will be granted are made on a case-by-case basis.
As ETIAS is in place to prevent terrorism and serious crime in Europe, it appears that only individuals who are deemed a threat will be denied the necessary authorisation.
Whilst those with criminal convictions listed in the Annex are likely to be subject to some additional scrutiny, this does not mean that they will not be able to travel to Europe. The decision to grant an ETIAS travel authorisation is likely to depend on the date of any criminal conviction and its seriousness. Each case will be determined on its own facts.
What should I tell ETIAS about my criminal conviction?
An ETIAS applicant who considers their criminal conviction(s) may fall within the remit of the listed offences on the Annex should inform ETIAS of this.
This is important as ETIAS applications will be checked against various international policing databases. Any failure to tell the truth could be detected, and result in greater difficulty for the applicant.
Will details about my UK arrest / caution be available to ETIAS?
Given that the UK and EU continue to share conviction data via the ECRIS database (see above), it is probable that any incomplete data submitted by applicants will be flagged, leading to manual processing. The UK-EU Trade and Cooperation Agreement (in force since May 2021) allows the UK and EU to continue to share such information post-Brexit.
Can I travel to Europe with an ETIAS listed criminal conviction?
Judging by what we currently know about ETIAS, it appears that having a criminal conviction will not – in and of itself – prevent someone from travel into any EU country the EU under the waiver scheme.
However, the decision to grant travel authorisation is likely to depend on the seriousness of any previous convictions falling within the Annex and, no doubt, the degree of assessed risk once an applicant’s data is processed.
If an applicant is refused an ETIAS authorisation, the grounds for the refusal and the authority that made the decision will be communicated by email, with a right of appeal. The email will explain the procedure. Appeals are handled in accordance with the national law of the EU country in question.
At this stage, it appears that ETIAS will only be concerned with convictions, rather than any matters which fall short of prosecution (or that are dealt with by way of a caution, for example).
As the system beds in however, the rules may adapt to take into any increased or perceived threats and any individual affected by this should seek expert legal advice.
