# Emigrating to Spain with an unspent conviction



## NickRB (Mar 9, 2021)

Hello,

I am a 51yr old professional that would like to sell up our house in UK, move out to Spain with my wife and buy a property there. For my income I will be working for a UK company remotely from Spain.

The issue is that I have an unspent conviction for drugs from over 25yrs ago. Looking at any sort of visa requirements they all say I will need to get a Police certificate. This will show up my unspent conviction so I was wondering if anyone knew if there is a possibility of being able to buy property and live in Spain considering my historic conviction.

Any pointers / help would be much appreciated.

Many thanks
Nick


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## xabiaxica (Jun 23, 2009)

NickRB said:


> Hello,
> 
> I am a 51yr old professional that would like to sell up our house in UK, move out to Spain with my wife and buy a property there. For my income I will be working for a UK company remotely from Spain.
> 
> ...


It won't stop you buying property, but it might indeed stop you miving to Spain.

I imagine the only way to find out is to apply for the visa. I'm not aware of any publicly available info as to how decisions are made regarding convictions. 

Perhaps another member might have experience of applying for a visa with a criminal record.


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## Do28 (Dec 21, 2010)

If it was an offence 25 years ago then it will not appear on your police certificate which will just say no live trace. The rehabilitation offenders act covers what will appear on any police certificate. Unless you were inside for something really serious then it becomes spent. Custodial sentences over 4 years take longer to come off the trace. The PNC carries your entire history until you are 100 and then it is expunged. You can make a subject matter access request for free to find out what the PNC holds and you can make a request for an ACRO certificate which is what will be used for a visa. Only what appears on the Certificate is considered to be declarable. Only a few countries have automatic bans for certain crimes, the US for example its "crimes of moral turpitude" but even they can be over ridden if you can show good character since a historic offence. You need to give a bit more detail to be honest and if a forum is not the place then get the documents I just listed and take them to an immigration lawyer. The basic rule is if you made long ago historical mistakes and have made up for them with a good life since you will be considered favourable. If you have a long history of offences and have shown no reform then you are generally considered an undesirable.


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## NickRB (Mar 9, 2021)

flybe said:


> If it was an offence 25 years ago then it will not appear on your police certificate which will just say no live trace. The rehabilitation offenders act covers what will appear on any police certificate. Unless you were inside for something really serious then it becomes spent. Custodial sentences over 4 years take longer to come off the trace. The PNC carries your entire history until you are 100 and then it is expunged. You can make a subject matter access request for free to find out what the PNC holds and you can make a request for an ACRO certificate which is what will be used for a visa. Only what appears on the Certificate is considered to be declarable. Only a few countries have automatic bans for certain crimes, the US for example its "crimes of moral turpitude" but even they can be over ridden if you can show good character since a historic offence. You need to give a bit more detail to be honest and if a forum is not the place then get the documents I just listed and take them to an immigration lawyer. The basic rule is if you made long ago historical mistakes and have made up for them with a good life since you will be considered favourable. If you have a long history of offences and have shown no reform then you are generally considered an undesirable.


This is fantastic information. Yes the offence was for possession with intent to supply a class A drug. The sentence I received was extremely excessive as I live in Jersey (Channel Islands) which had draconian laws back then. I received a 6yr sentence which under the Rehabilitation of offenders act will never be spent as it is over the 5yr cut point. Following my release I went to a rehabilitation centre as an in patient for several months. Since arriving home in 1998 I have had no convictions / run in's with the police what so ever. I have worked my way up the ladder in my profession as a Senior Network Engineer over the last 20+ years, own my own house, have a wife and an adult son. So I feel that I have led a clean and good life since my release all those years ago.

Many thanks for the information.

Cheers
Nick


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## kaipa (Aug 3, 2013)

I think you will only know the answer when you apply for your visa- I wouldn't assume the information given here on a forum is how it will be. Emigration and criminal records ( especially drugs offences ) might be a bit more sticky than other misdemeanors


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## xabiaxica (Jun 23, 2009)

NickRB said:


> This is fantastic information. Yes the offence was for possession with intent to supply a class A drug. The sentence I received was extremely excessive as I live in Jersey (Channel Islands) which had draconian laws back then. I received a 6yr sentence which under the Rehabilitation of offenders act will never be spent as it is over the 5yr cut point. Following my release I went to a rehabilitation centre as an in patient for several months. Since arriving home in 1998 I have had no convictions / run in's with the police what so ever. I have worked my way up the ladder in my profession as a Senior Network Engineer over the last 20+ years, own my own house, have a wife and an adult son. So I feel that I have led a clean and good life since my release all those years ago.
> 
> Many thanks for the information.
> 
> ...


BUT... you didn't have to apply for a visa & get a criminal record check. 

The OP states that his conviction isn't 'spent'. 

I agree that he should apply for the check - that's the only way to find out if the conviction appears on it. 

If it does, he can then decide if he wants to apply for the visa & see what happens.


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## NickRB (Mar 9, 2021)

xabiaxica said:


> BUT... you didn't have to apply for a visa & get a criminal record check.
> 
> The OP states that his conviction isn't 'spent'.
> 
> ...


Thank you. Yes the conviction is not spent and does show up on a police check.

I think I will just have to apply for the visa see what if any options I have. I was trying to contact the Spanish Consulate in London to see if its possible to make an appointment to discuss the visa application but do not know the process. Do I just apply for the visa and then an appoint will be made? I have gone through the website but am totally lost.

Thanks
Nick


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## xabiaxica (Jun 23, 2009)

NickRB said:


> Thank you. Yes the conviction is not spent and does show up on a police check.
> 
> I think I will just have to apply for the visa see what if any options I have. I was trying to contact the Spanish Consulate in London to see if its possible to make an appointment to discuss the visa application but do not know the process. Do I just apply for the visa and then an appoint will be made? I have gone through the website but am totally lost.
> 
> ...


Yes, you apply for an appointment & start gathering all the documentation. As part of the application you give a date by which you would ideally like to move. 

Bear in mind that all paperwork has to be under 3 months old at the time of the appointment.


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## Lewis678 (Nov 8, 2021)

NickRB said:


> This is fantastic information. Yes the offence was for possession with intent to supply a class A drug. The sentence I received was extremely excessive as I live in Jersey (Channel Islands) which had draconian laws back then. I received a 6yr sentence which under the Rehabilitation of offenders act will never be spent as it is over the 5yr cut point. Following my release I went to a rehabilitation centre as an in patient for several months. Since arriving home in 1998 I have had no convictions / run in's with the police what so ever. I have worked my way up the ladder in my profession as a Senior Network Engineer over the last 20+ years, own my own house, have a wife and an adult son. So I feel that I have led a clean and good life since my release all those years ago.
> 
> Many thanks for the information.
> 
> ...


The bill going through parliament currently will mean that convictions over 4 years that are not violence or terrorism will become spent after 7 years.

As you will not be working in Spain go for a long stay visa they usually last 12 months and don't require a police check. But you'd have to apply every year.


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## xabiaxica (Jun 23, 2009)

Lewis678 said:


> The bill going through parliament currently will mean that convictions over 4 years that are not violence or terrorism will become spent after 7 years.
> 
> As you will not be working in Spain go for a long stay visa they usually last 12 months and don't require a police check. But you'd have to apply every year.


The one year NLV does indeed require a police check. 

It's renewable for two years at the end of the first & third years.


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## Barriej (Jul 23, 2012)

Lewis678 said:


> The bill going through parliament currently will mean that convictions over 4 years that are not violence or terrorism will become spent after 7 years.
> 
> As you will not be working in Spain go for a long stay visa they usually last 12 months and don't require a police check. But you'd have to apply every year.


The OP stated he would be working remotely so he cannot apply for the NLV as it states NO WORK....


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## bethfrombath (3 mo ago)

how did you get on with the visa OP?


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## bethfrombath (3 mo ago)

18 years ago my husband received a class A drug possession caution - he was young and stupid. He did not go to court - simply received a caution at a local police station. He has been of good character since and built a successful accountancy business employing many. 

Will this impact his ability to get a Spanish Golden Visa? We plan on buying a home in Lanzarote.


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