How to Get a Second Passport If You’ve Been Convicted of a Felony

 

Obtaining a second passport with a felony conviction is challenging but possible under specific conditions. Here’s how you can navigate this process.

Understanding the Basics

• Type of Felonies:
  • Focus on white-collar felonies (e.g., small SEC or IRS charges).
  • Most countries will not consider violent crimes, drug offences, or gun offences.
• More Straightforward Process with White-Collar Crimes:
  • Countries tend to view white-collar crimes more leniently than violent crimes.
  • They may be more willing to overlook minor financial misconduct.
• Second Passport and Citizenship:
  • A second passport grants you citizenship in the issuing country.
  • This citizenship allows you to travel freely, relocate, start a business, and integrate into the community.
• Benefits of a Second Passport:
  • Enjoy greater freedom of movement with visa-free travel to more countries.
  • Access better business opportunities and investment options.
  • Enhance your security and privacy.
• Legal and Financial Considerations:
  • Settle all legal obligations, such as probation, before applying.
  • Be prepared for the financial costs involved in obtaining a second passport, which can be substantial.
• Probation and Parole Status:
  • Ensure you are no longer on probation or parole when applying.
  • Clear all legal debts and ensure your criminal record is as clean as possible.
• Legal Complications:
  • Understand that applying for citizenship with an active criminal record can result in further legal issues.
  • Thoroughly research the legal requirements and potential risks before applying.
• Reputation and Behavior:
  • Maintain a clean and respectable record post-conviction.
  • Demonstrate rehabilitation and good character to improve your chances.
• Professional Assistance:
  • Consider hiring legal and immigration experts to guide you through the process.
  • Professional assistance can help you navigate complex legal requirements and increase your chances of success.

Preliminary Requirements

Before you apply for a second passport, ensure you have settled all your legal obligations and are no longer on probation. Applying for citizenship while on parole or probation could result in further legal complications.

Countries with Strict Policies

Many countries have stringent policies regarding citizenship applications from individuals with felony convictions. These policies aim to maintain the integrity and security of their national borders. Let’s explore some of these countries and their requirements:

European Union Countries

European Union (EU) countries are known for their strict immigration and citizenship policies. They typically require a clean criminal record and thorough background checks for citizenship applications. Here’s a more detailed look at some specific countries:

Malta

Malta offers a citizenship-by-investment program, one of the most stringent in the EU. Applicants must pass rigorous due diligence checks, including providing a clean criminal record. Any felony conviction, especially involving financial crimes, can disqualify you from this program. Malta’s due diligence process involves checks by international agencies to ensure the applicant’s integrity.

Bulgaria

Bulgaria requires a clean criminal record for its citizenship-by-investment program. Applicants must provide an FBI background check (or equivalent) that shows no felony convictions. While Bulgaria does offer a pathway for expunged records, the process is complex, and success is not guaranteed.

Cyprus

Cyprus demands a clean criminal record for its strict citizenship-by-investment program. The country conducts extensive background checks on all applicants. Felony convictions, particularly those related to financial misconduct, can be a significant barrier to obtaining citizenship.

Austria

is one of the most complex countries in the EU to obtain citizenship, especially for those with a criminal record. Austria has no formal citizenship-by-investment program, and the naturalization process is lengthy and requires a spotless criminal record. Even minor infractions can lead to rejection.

United States

While the U.S. isn’t a common destination for obtaining a second passport, it’s important to note that the U.S. has strict policies for naturalization and citizenship applications. A felony conviction can significantly hinder your chances of obtaining citizenship. The U.S. requires detailed criminal background checks and considers both the nature of the crime and the applicant’s rehabilitation efforts.

Canada

Canada requires a clean criminal record for citizenship applications. The Canadian immigration system is known for its rigorous background checks. Applicants with felony convictions face significant obstacles, although Canada does have processes for criminal rehabilitation, which, if successful, may allow for future applications.

Australia

Australia has strict character requirements for citizenship applicants, including a comprehensive background check. A felony conviction can be a significant barrier to obtaining Australian citizenship. The country considers both the severity of the crime and the time elapsed since the conviction.

Expungement of Felonies

Expungement can help obtain a clean background report, which is often a prerequisite for citizenship applications in many countries. Each country has its legal process for expungement, typically involving filing a petition, meeting specific eligibility criteria, and sometimes attending a court hearing. Federal convictions are particularly challenging to expunge in the United States, but it may be possible under certain conditions, especially for non-violent and white-collar crimes.

UK and Felony Convictions

In the UK, obtaining a second passport with a felony is somewhat easier. Many offences are erased from your record after a certain period under the Rehabilitation of Offenders Act 1974. Once the offence is considered “spent,” you can apply for a second passport.

Rehabilitation of Offenders Act

The Rehabilitation of Offenders Act 1974 allows certain convictions to become “spent” after a rehabilitation period, which varies based on the offence’s severity and the sentence’s length. Once a conviction is spent, it no longer needs to be disclosed in most cases, making it easier to pass background checks for citizenship applications.

Latin America: A Viable Option

Latin America is often the best bet for those with a felony conviction seeking a second passport. Countries like El Salvador, Guatemala, and Ecuador are more lenient in their background checks for residency. You can start with residency and work towards citizenship over time.

Pathway to Citizenship

The pathway to citizenship typically involves obtaining residency first. Residency requirements vary by country, but generally, you must live in the country for a specified number of years, demonstrate good character, and integrate into the community. For example, you can apply for citizenship in Ecuador after five years of residency. A passport from Ecuador offers visa-free travel to 81 countries, while a Guatemalan passport provides access to 116 countries, including the Schengen Area of Europe.

Caribbean Islands: An Alternative Path

If you have the financial means, some lesser-known Caribbean countries may consider your application. Nations like St. Lucia and Dominica evaluate applications on a case-by-case basis, considering factors such as the time since the crime, your behaviour since release, the duration of incarceration, and the nature of your offences. These countries may offer citizenship through unofficial programs costing around $190,000 and taking about two months to complete.

Citizenship by Investment

Citizenship by investment programs allows individuals to obtain citizenship in exchange for a significant financial investment in the country. This can include investments in real estate, government bonds, or business ventures. The process involves due diligence checks, and while some countries are stricter, others may be more lenient towards applicants with a history of white-collar crimes.

Documentation and Application Process

To apply for a second passport with a felony, you need to provide:

• The charging order and accompanying court documents
• Probation paperwork (if applicable)
• A description of your employment and life history
• Reference letters from credible sources

Providing thorough and accurate documentation increases your chances of success.

Preparing Your Application

When preparing your application, ensure that all documents are up-to-date and correctly translated if required. Engage legal professionals who specialize in immigration and expungement processes to review your records and provide advice on strengthening your application.

Case Studies

Case Study 1: Successful Application in St. Lucia

John, a U.S. citizen with a white-collar felony conviction for a minor SEC violation, sought a second passport to expand his business opportunities. After completing his probation and clearing all legal obligations, John hired an immigration consultant specializing in Caribbean citizenship programs.

St. Lucia was identified as a viable option due to its more lenient approach to non-violent offences. John invested $200,000 in a government-approved real estate project. His application included detailed court documents, proof of rehabilitation, and several reference letters from reputable business associates.

After a thorough review process, which took about three months, John was granted citizenship in St. Lucia. This new passport allowed him visa-free travel to numerous countries, enhancing his business operations.

Case Study 2: Expungement and Citizenship in Bulgaria

Emily, a UK citizen with a past conviction for tax evasion, aimed to acquire Bulgarian citizenship for better mobility within the EU. Emily’s conviction was eligible for expungement under UK law after a rehabilitation period.

Emily worked with legal experts to successfully expunge her record. She then applied for Bulgarian citizenship through investment, providing a clean background check, proof of her investment, and character references. Although the process was complex and took over a year, Emily was ultimately granted Bulgarian citizenship, allowing her extensive travel benefits within the EU.

Case Study 3: Pathway to Citizenship in Ecuador

Carlos, a businessman from Mexico who was convicted of a minor financial offense, targeted Ecuador for its relatively lenient residency and citizenship process. Carlos first applied for residency, demonstrating good character and financial stability.

After five years of maintaining residency and integrating into the local community, Carlos applied for citizenship. His application included evidence of his contribution to the local economy, consistent community involvement, and a clear record since his conviction.

Carlos was granted Ecuadorian citizenship, which gave him a passport that allowed him to travel visa-free to many countries, including the Schengen Area.

Final Thoughts

Starting anew with a second passport and citizenship is a complex and risky process, especially with a felony conviction. Mistakes can have severe consequences. For a safe and secure new identity, consider seeking professional guidance from experts like Amicus International Consulting. They can help navigate the legal intricacies and ensure your application is handled correctly.

Seeking Professional Help

Professional consultants can assist with every process step, from expunging your record to selecting the best countries for your situation. They can provide valuable insights, prepare your documents, and represent your case to increase your chances of success.

By understanding the legal requirements and exploring all available options, you can find a pathway to obtaining a second passport, even with a felony conviction.

Conclusion

Navigating the process of obtaining a second passport with a felony conviction is undeniably challenging but not impossible. The key is to understand each country’s specific requirements and restrictions, prepare thorough and accurate documentation, and seek professional guidance when needed.

Focusing on countries with more lenient policies towards white-collar crimes, pursuing expungement where possible, and demonstrating good character and rehabilitation can increase your chances of success. Whether looking for better travel opportunities, business prospects, or a fresh start, the journey to a second passport is a complex but achievable goal with the right approach and resources.

If you would like to work with a professional team that can help make your transition to a life of freedom, contact Amicus Int. for New Identity services today.