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ETIAS and access to the Schengen area with a criminal record

ETIAS system could deny entry to non-EU persons with criminal antecedents

ETIAS – the European Travel Information and Authorization System – will pre-assess the security and migration risks of visa-exempt visitors

Under Schengen regulations, non-EU citizens may be denied entry if they are considered a threat to public order, national security or the international relations of any Member State. Each Member State has its own criteria and requirements for allowing entry of non-EU citizens.

Changes from mid-2025

From mid-2025, the new system ETIAS should enter into force and non-EU citizens who do not need a visa to travel to the Schengen area for short-term stays will be required to obtain a travel authorization through the ETIAS system before entering.

Traveling to Schengen with a criminal record: What is ETIAS and how does it work?

ETIAS – the European Travel Information and Authorisation System – will pre-assess visa-exempt visitors for security and migration risks and will be a mandatory requirement for entry into Member States.

Application process

The applicant must fill out an online form, and the system:

- issue an authorization immediately; OR

- in exceptional cases requiring further verification, issuance may take up to 30 days

Information required for the ETIAS application

ETIAS may require:

- personal data and travel document (passport or equivalent)

- Member State of the first intended stay

- questions about criminal records, presence in conflict zones, orders to leave the territory of a Member State or third countries, return decisions issued

- if the application is submitted by another person, the identity of the person or company represented

Crimes that must be reported

The applicant must report any criminal offences in the last 10 years and, in the case of terrorist offences, in the last 20 years, specifying when and in which country they occurred.

The most serious crimes include:

1. participation in a criminal organization

2. terrorism

3. human trafficking

4. sexual exploitation of children and child pornography

5. drug trafficking

6. arms trafficking

7. corruption

Databases to be verified

1. Existing EU information systems

2. Schengen Information System (SIS)

3. Visa Information System (VIS)

4. Europol data

Eurodac database

6. Input/Output System (EES)

7. Interpol Stolen and Lost Travel Documents Database (SLTD)

8. Interpol Travel Document Database (TDAWN)

9. ETIAS watch list and other specific risk indicators

What happens if the ETIAS travel authorization is denied?

If the travel authorisation is refused, the applicant has the right to appeal.

Appeals must be lodged in the Member State that made the decision on the application, in accordance with the national law of that State. The applicant will be informed about the national authority in charge of processing and deciding on his or her travel authorisation, as well as about the procedure to be followed for appealing. If the traveller believes that he or she has been treated unfairly, he or she also has the right to seek redress or request access to information through the relevant national authority.

Your Way to Italy: our assistance

Our team is available to provide support and assistance in matters related to access to the Schengen area for non-EU persons with criminal record! Contact us to book your first consultation with us! #YourWaytoItaly

 

The content of this article is intended to provide general guidance on the subject matter. For particular matters or cases, you should seek specialist advice on your specific situation.