International Travel 2020

In this International Travel 2020 post, the information is identical to the International Travel 2019 post. We added a new post for 2020 in order to keep the discussion manageable. Please help us by sticking to the topic of International Travel only.

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From 2019: We have updated our main International Travel section. It features:

  1. List of Schengen Nations (allowing entry to registrants);
  2. Resources (including a CA DOJ Travel Notification Form); and
  3. User Submitted Travel Reports.

This post is linked from the Main Menu at the top of the site.

1. The 26 Schengen Nations (which allow registrants to visit)

As an agreement, Schengen was signed among the five out of ten countries of the European Union members back then, on the 14th June 1985. Under the Schengen agreement, travelling from one Schengen country to another is done without any passport and immigration controls or any other formalities previously required.

Austria
Belgium
Czech republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Netherlands
Norway
Poland
Portugal
Slovakia
Slovenia
Spain
Sweden
Switzerland

Note: US Citizens are visa exempt when visiting the Schengen area for up to 90 days in a 180 day period (List of Countries, Section B or map).  The European Commission is proposing creating a European Travel Information and Authorisation System (ETIAS) for such travelers, beginning in 2021 – which may or may not take criminal convictions into account. ETIAS Fact Sheet April 2018July 2018

2. Resources

Forms

Publications

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I’ve been looking into the possibility of getting permanent residency in a European country and have a question. Many, if not all countries, require some kind of criminal record check as part of the application process for long term residency. Does anyone have any direct knowledge about how someone with a felony sex offense (10 years ago) would fare in the process. Many stories have been told about how European countries will still let us in as visitors, but what about long term residents? Obviously there are work visas, retirement visas, and various others, but most seem to require the police report. Please, any stories or direct info would be appreciated. I contacted one country and asked about it and of course they said they couldn’t comment without all the details and a full application. Thanks

‘See This Empty Cage Now Corrode’: The International Human Rights and Comparative Law Implications of Sexually Violent Predator Laws https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3586430

This paper will proceed in the following manner. In Part I, we will consider the implications of international human rights law for cases involving the populations in question, and then assess how realistic it is that such law be embraced by domestic jurisdictions in dealing with relevant cases. We will also consider the human rights issues and violations that have resulted from the domestic enactment of “International Megan’s Law.” In Part II, we will apply comparative law, in an effort to determine how other nations have struggled with some of the basic issues that have been focused on by domestic jurisdictions, for the 20+ years since the Supreme Court’s decision in Kansas v. Hendricks, 521 U.S. 346 (1997). In Part III, we will assess the application of therapeutic jurisprudence (TJ) to the legal and human rights issues discussed prior, in an effort to determine whether other nations have more successfully implemented TJ principles to combat some of the seemingly-intractable problems raised in SVPA cases. In part IV, we offer some conclusions and some suggestions for US-based policy-makers in this contentious area of law and social policy.

There doesn’t seem to be much activity here lately since no one is traveling internationally. I have another one of those ‘how could this be happening’ questions

I read some posts on other forums – probably some here in the past as well – where people talked about the communication sent to your destination country when you give 21 day notice of an international trip. We’ve had debates about the legitimacy of the registry and the requirement that we give advance notice when we plan to leave the country. Let’s just agree for the sake of this argument that all that is legal and isn’t ‘punishment’. Here is the part that I don’t understand. Multiple people have given first hand accounts describing their interaction with immigration, border control, or whoever greets them when they step off the plane in a foreign country. In many cases, the agent is sympathetic to the traveler and doesn’t agree with this treatment. A few travelers have described situations in which the agent showed the communication sent by the US and it usually says something like this: “A dangerous sex offender is entering your country and we believe they are likely to re-offend in your country. Please return them to the US immediately.” Of course I paraphrased, but after seeing several of these over the last few years I tend to believe that this is what the communication states. One guy who tried to go to somewhere in South America if I remember correctly, said that the agent and his boss said they didn’t want to honor the request but they need any support they can get from the US government and they were afraid that if they didn’t comply there would be consequences.

If this is even partly true, How can the US government get away with stating that I am dangerous and likely to re-offend and I should be sent back. No data, observations, or documentation of any sort suggests that any of this is true about the traveling sex offender. The US is telling a foreign government to act on false information that the US is supplying. It’s like the judge in a case telling the jury that the accused is really bad and should be convicted.

Any thoughts?

I spoke to my registrant officer and he told me that i did not have to let him know if I was traveling internationally. I live in one of those states where it is not required. Will this affect my travels?

I am hoping to go to Kenya as soon as this pandemic is over. I have read some articles where it states that it would be okay. The list here says I will be turned away. There is so much conflicting information that I am not sure what to believe anymore. I am going to volunteer and work with widows. I would hate to spend so much money on a flight only to be turned around. I have been speaking with the founder of the organization, whom I will be staying with, for almost 6 months now. I would feel horrible for him if I was now unable to come help. I have not disclosed my past to him.

Also I got word that my passport should be here within a week. I do not know yet if it will have the notice on it or not. My conviction was almost 20 years ago. I will let you know when I receive it.

If not Kenya, are there other African countries I could go to that would be easier/better to get into?

So based on some of the previous comments am I correct here?

I moved from Texas and they still have be listed on their website for life as a registrant. I do not provide them with any updates or information regarding my current status because I moved to WA state where I succesffuly petioned the court and am no longer a registrant here.

Am I correct in stating I owe no one a 21 day notification?

Trust me, I tried contacting both texas and wa state trying to provide them my travel plans in the past ( which were cancelled due to Covid)…both states told me they would not be taking my information.

Texas- they would not take it because I am not in their jurisdiction
Wa state – they would not take it because I am no longer a registrant

*UPDATE*
I just got my passport today. Only took 4 months…lol. I applied Feb 20th.
It is good for 10 years. It says “See page 27” under endorsements. However on page 27 there is nothing there. UGH! I know y’all don’t have definite answers. This is kinda frustrating…lol

Thanks everyone for all the information. Looks like either way I will have to risk being questioned and/or returned no matter where I travel to. Looks like my best bet to get to Kenya is to fly to Tanzania like Mzungu said then take a bus over the border. If I am denied entry to Kenya I can just return to Tanzania.

I am about a year off registration so far, and planning a trip to the phillipines in september. I was wondering if anyone that has been off the list has tried to go there, and if anyone has any tips?

the Filipino lawyer stated I should be able to get in, and said a law in progress is not law as of yet for registraints. I know how hard things are though I will be getting my passport in the next few weeks to see if I have an identifier, if I do that just might make me change my plans. I was thinking of flying in but I am worried angel notice may try to get me banned for my past that makes me think I should fly to Hong Kong and take a boat from there. I read an idea someone mentioned on one of these posts suggesting that their partner takes a photo of their passport right to b.i. I was going to try that and if I cant get in was going to bring her with me if that was possible, figure if I came in a boat that woulnt be to hard to get her to another place with me. unfortunately my case is with an underage but consent, i don’t plan to apply for a visa unless I am already in to try to extend my stay. I have no plans to come back here, really doesn’t matter where I end up how I feel about this stuff lol

I am an RSO in Texas and I am about to move aboard a sailboat and sail off to wherever the winds take me. I have a new passport with no stamp and I’m free of supervision. I am interested in discussing coming into ports of other countries on a private vessel that is my home. I know there are yes and no countries and I have a sail plan that is made accordingly. I am interested in any experiences anyone may have had that is similar

Not sure the status of any challenges to IML, but came across this article on compelled speech.

https://repository.law.umich.edu/cgi/viewcontent.cgi?article=6086&context=mlr

Do not try for an extended stay in the Philippines. The Philippine Bureau of Immigration has the US embassy do a background check on you and it will show up that you were or are a registrant. I know. That’s how I got blacklisted from the Philippines

Need to know,,,, when you fly back into the US, ( I fly into San Francisco) before you go through US Immigration and Customs you scan your passport in a kiosk and punch in information on the kiosk screen. It’s the same info in your photo page on your passport. The kiosk prints out a black and white paper with your info on it. On the paper it will be outlined in red. That is the red flag for secondary inspection to give you a going over. When my name was removed off the registry in New York back in 2016, I no longer had the red outlined paper print out from the kiosk and since no more red Mark’s I breeze right through customs/immigration. And no more secondary

Covid travel restrictions are having a huge economic impact on many countries. Perhaps some of these countries will be less likely to restrict SO travel in the interest of bring money back into their country?

Does anyone have experience with South Africa? The international Travel Matrix only shows one country in Africa. I used to own two timeshares in SA, but only used them for trading purposes and never visited.

My apologies if any of this information has already been discussed recently, but I have not been around the site for a while and could use some information/help/advise.
My situation is this, I’m a us citizen unjustly forced to register for a crime that I committed nearly 30 years ago. I have no re-offended in any way or had any legal issues since then. I am forced to register for life. I have an opportunity to move out of this country to Europe which I am pursuing. I would live in Europe with a visa, hoping to move on to residency and then citizenship. My question is this. What about coming back into the US for things like funerals? My mom is still alive, and I think coming back into Texas seems sketchy, because I think you’re supposed to register if you’re here for 7 days, then there is the 21-day SORNA stuff the feds are thinking about imposing on all states. Would I be forced to register, then wait 21 days each time I come in and out of the US? Would I potentially be stopped from leaving if I came back? Would they potentially try to get my Visa revoked with the European country? Should I try to hire and talk to a good lawyer before we go? Thank you in advance for any information/comments/advise.

Here’s one for you guys that like to travel to Mexico,

I have a “non marked” passport. A Friend and I want to go to Baja to do some surfing. We are taking his vehicle and planning on camping on beach.

What are the odds I get detained at border. I am thinking the 21 day notice will be in affect, but so many times they just wave you through.

On a side note, I find it laughable that a country that has a crime rate for murder and drugs near the top of any country can look at a 6 yr old misdemeanor and say “ we don’t want your kind”. Hell, the guy looking at the passport is likely on the payroll of the cartels.

Hummmmmmm

It is not my nature to be negative, (except everything in reference to the registry, I suppose), but I think this is a poor idea.

I have spent plenty of time in Secondary, like everyone…but especially Mexico where at one time I might walk across twice a day, and so doing 5 visits usually to Secondary over a weekend. I’ve had good times in Secondary and bad times…good CBP agents and bad…but never have I been over when they could ask me if I gave my 21 day notice and could they see it….please?

That’s felony hit if anyone wanted to pursue it…on the US side. I personally would not take this risk, especially with border security being such a hot button issue now.

However, if you planned to give your 21 day notice and was simply waved through by Mexican Authorities in a vehicle, then good on `ya laddie….because if you are directed to secondary for any reason coming back, they will run your passport and it will be obvious to any agent that you are an RSO…and I have suggested what the next question would be…(I think)

As long as you give your 21 day notice I am good with this trip…however, as a side note, the instant you give your 21 day notice you will probably be put on a Mexican List that will last your lifetime….which is why I have stayed away until the CA Tiered system is in place, (which may not do me any good anyhow….jokes on me, or, I will be too old for it to make a difference).

In any case, please think this through (Mexico)….I might suggest a flight to Bonaire in the Caribbean or Tahati in the Pacific…any French or Dutch island possession…and have a good worry free time.

Best Wishes, James I

Has anyone applied for a passport while under supervision (parole/probation)? If so, what was your experience? Did they refuse to issue it?

Jobs overseas? I am 1.5 years away from being off supervision and can finally travel (of course with the limitations often discussed on this board). I have had my eye on parts of Europe for quite some time. Moving permanently would be my first choice, but you need a long term visa and those are hard to get. Finding a job is the best way to get one. It looks very difficult to get a job overseas. I had a professional career but haven’t done it for 10 years and now can’t even find a job in my field in the US because of the time off.

English teaching is often touted as the go-to-job for people looking to travel, but what about background checks? After lots of reading on the subject over the years I know there is a market for teaching business people internationally as I’m not looking to teach children because of obvious concerns. Does the industry as a whole do background checks and therefore make the job search impossible. I have noticed that some English teaching ads specifically say “no criminal record”. Any other thoughts on employment options overseas? Thanks

@ M C, Will, JohnDoeUtah, and all –

According to this SO Advocacy group, the IML notice applies only to those currently required under FEDERAL SORNA to register – not merely on the basis of a state requirement.

And it seems clear enough, since the statute authorizes prosecution on the basis of an existing requiring to register under FEDERAL SORNA.

Here’s a snippet of what they wrote –

“As it relates to people required to register as sex offenders, there are three important components that concern us:

(1) NOTICE OF TRAVEL – now you are required to report international travel 21 days in advance, (2) GREEN NOTICES – after you provide the Sheriff with notice of your intent to travel, they send that notice to the FDLE (note: this post is submitted on FAC – you can substitute your state’s law enforcement agency), they forward it to the US Marshals, they route it to their “Angel Watch” center, which sends a notification called a “green notice” to Interpol or directly to the immigration agency of the receiving country notifying them of your travel, and (3) BRANDED PASSPORTS – if you are “covered” by the law, your current passport will be revoked and you will have to order (and pay for) a new one that has the language, “The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b(c)(l).”
Surprisingly, not each of these three concerns might apply to everyone. Different sections of IML have different definitions of who it applies to. In some cases it is “offense based” – if you committed the offense, it applies to you. In other sections, it is “status based” – if you are registered as a sex offender, it applies to you.
The definitions section of IML contains the following definition, “Covered sex offender.–Except as otherwise provided, the term “covered sex offender” means an individual who is a sex offender by reason of having been convicted of a sex offense against a minor.” That would seem “offense based”.

However, under Section 5 (the “Green Notice” Section) it says, “In this section, the term “sex offender” means– (1) a sex offender under SORNA; or (2) a person required to register under the sex offender registration program of any jurisdiction or included in the National Sex Offender Registry. That would seem “status based”. So, according to (our) interpretation of IML, you are covered by the law if you have ever been convicted (including withhold of adjudication) of a qualifying offense, but under Section 5, if you are no longer required to register, they won’t send out green notices on you.

Section 6 of IML (the “Notice of Travel” section – “Requirement That Sex Offenders Provide International Travel Related Information To Sex Offender Registries”) says, “Whoever–(1) is required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.)… As such, the notice provision appears to only apply to those who are required to register under SORNA (federal requirement and not merely another jurisdiction).

Finally, Section 8 of IML covers the “UNIQUE PASSPORT IDENTIFIERS FOR COVERED SEX OFFENDERS.” While the title suggests the identifiers apply to “covered sex offenders” as defined in the definition section of IML (and would be “offense based”), Section 8 has it’s own definition of “covered sex offender”, which is: “(1) the term `covered sex offender’ means an individual who–(A) is a sex offender, as defined in section 4(f) of the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders; and (B) is currently required to register under the sex offender registration program of any jurisdiction;” In other words, the “branded passport” would apply to registrants currently required to register under the sex offender registration program of any jurisdiction who have a conviction against a minor.

Why the multiple definitions? Who knows?!?!? Confusing? Certainly!!! But that’s what the law says.”

https://floridaactioncommittee.org/a-deeper-dive-into-iml/

I know there hasn’t been much activity lately, but I have an important question. It is often stated that Europe and particularly Germany tends to let SOs in. I keep reading stuff like this: https://se-legal.de/immigration-to-germany-with-a-criminal-record/?lang=en

stating that Germany will not let you in if you had a serious offense and/or served 3 or more years. That would be me. Yes, I’ve seen the videos from the guy in Germany, but he also had his conviction overturned so he really isn’t in the same situation.

Anyone have any information? Thanks

@cb

This is definitely a concerning article for those of us who are looking to escape to Europe for work or retirement.
The problem appears to be “The German Residency Act. §§ 53 – 54”
“[It] provides the basis for when having a criminal record can prevent a person’s successful residency permit application to Germany. For major crimes such as those involving violence, threats of violence and sexual offences as well as those involving terrorist activities, this is deemed to be a serious issue of concern. These are deemed enough of a concern to not allow the applicant to come to Germany or to gain a residence permit.”

Here we go again (sounds just like the USA, now). All “sexual offenses” are major crimes, from peeing on the side of the road to infant rape, right up there with terrorism, with no differentiation, no assessment or explanation? Hard to believe it is that cut and dried.

I guess maybe you would have to contact this or some other legal firm with immigration experience and get an opinion from them before putting all your eggs in one basket. I wonder if they would give an honest opinion up front, or just string you along while they “worked” to get your application approved.

https://www.bjs.gov/content/pub/pdf/gap.pdf

For those wanting to compare the German system of justice to the U.S. , this link, while dated and not covering many sex crimes specifically, does give you an idea of the country’s approach to crime. It is considered much more progressive and humane than the U.S.

Just got back from Mexico city. Never been out of the country or had pasport during my 10 yrs of registration. New passport flew into Mexico sept 4th and flew back sept 7th. No second look from anyone anywhere. Breezed right through both. ORD TO MEX