Will I be denied a Retirement visa because caution/record
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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 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
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.
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 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.
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 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.
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’s never spent) but they are all spent and are over 35 years ago. I’m 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
You not got a chance fella…. 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’m over 5 grand in , as I type we are in Spain with my wife having her TIE and I don’t.
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’s a record you screwed.
My wife’s said no trace which means zero…
Even in the future mine will say no live trace meaning there was something earlier and the USA do investigate “ no live trace†no precedent for this in Spain.
But 5 in jail for drugs forgot it fella
Thanks for reply and doesn’t sound like I’ve any chance,thought time passing might have been given a chance but also didn’t realise it cost that much to apply. Thanks again
Don’t waste your brass pal
I’ve appealed but not holding out much hope.
Appeal went in 2 weeks ago and Manchester has to legally reply within 3 months…. But I’m already pretty certain of the outcome.
I will post the the appeal result
Thanks again,keep us informed
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
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’s a form of discrimination. I will post the result when I hear back from Manchester
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.
I don’t think that is possible in uk but thanks for reply
I can confirm that you cannot clean up the ACRO police check in the UK. Some offences get stepped down but some don’t.
You can be actually Google ACRO POLICE STEP DOWN MODEL and it tells you how long your offence is on record for.
I’m 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.
Your right dexter,anything over a 4 year sentence is never spent,it’s there for life! But I was originally hoping Spain would take into account the many years I’ve kept my nose clean but I’m afraid that doesn’t seem to be the case. There’s not much I can do about it by the looks of it… and we can’t turn the clock back ehh. Cheers for replying
My drug possession 23 years ago, I got a £150 fine, changed status at 20 years. Before my Uk police check listed the charge, now it says No live trace. This means it’s aware there was a charge but it has been over a period of time that it doesn’t need to be shown, this is different to no trace which means there never was any charges. The 20 years is harsh as it’s classed with terrorise, assault, rape, when you are a kid doing what many kids do at that age, it’s archaic as it’s even classed the same as insulting the King’s daughter, so there’s ancient crimes on there that aren’t 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,  The income rules are my concern as I don’t 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. Unless I rented my uk home out instead of selling so that goes some way towards the income requirement. But that then impacts what I can buy in Spain to live in.
@clivecampbell2021 -my thoughts exactly. It’s 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. Under rehabilitation of offenders -spent but under ACRO - criminal still. Unfair.
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’s not a lost cause with a criminal recordðŸ‘- @dexter1973
@Sincere80 a fight never a good idee you may the help of a layer to proof you are now a good person.
@sherylmulloy would like to get the information of your lawyer
@Guest987462 would appreciate it if you could share your solicitors details
@Guest987462 would appreciate it if you could share your solicitors details
- @n1xsta
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
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.
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 Residency Visa, with 2 very old misdemeanor DUI's that are OVER 20 yrs old, reflected on their FBI BACKGROUND CHECK REPORT?  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? THANKS IN ADVANCE EVE
@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
@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
@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. Has anyone who had 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!
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.
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’t 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 “detained†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 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.
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