You Have A Criminal Record And Want To Apply For Citizenship By Investment – Are You Eligible?

When applying for citizenship by investment, it’s a good idea to do all relevant research prior to making that application, in the event that your application is unsuccessful. A rejected application is not only emotionally distressing, but also represents a significant investment of time and money that cannot be recouped.

A common question when it comes to CBI applications is: “Is it possible to obtain citizenship by investment with a criminal record?” It’s a complicated question, and one that requires as full and honest an answer as possible.

During the course of this article, we will be examining this very question. Is it possible to successfully apply for citizenship by investment if you have a criminal record? If so, do certain types of crime preclude an application where others do not?

Let’s take a more in-depth look at this issue.

Disclaimer: this article is not intended for fugitives intending to evade justice with a new passport. It is for reformed persons who may have committed indiscretions in the past that have no bearing on their current character.

As a rule, CBI countries do not accept applicants with criminal records. The reason for this is simple: one of the requirements of any CBI program is that the applicant be ‘of good character’. This means, at its most basic level, that they must have clean records.

However, the reality is a little more complicated than that, and it may well be the case that a record in your home country doesn’t necessarily translate to something that a CBI country even views as a crime. But, as said, it’s complicated.

Whether or not a previous indiscretion affects your application basically comes down to two things: how minor (or serious) the indiscretion was, and how long ago it was. The longer ago and the less serious it was, the better the chance you have of it being overlooked.

Let’s take a look at various categories of offence, and how they might affect your application.

There’s no way around this: if you’ve ever been convicted of a serious crime in your home country (e.g. rape, murder, treason etc.) then there is simply no way that your CBI application will ever be considered. This applies even if the crime took place decades ago.

Drug crimes – even something many people may view as minor, such as smoking a joint as a teenager – are a big no-no when it comes to CBI applications.

Drug use is a very sensitive topic in a great many countries around the world, who view their policies as not just an indictment of the users of such drugs, but as a measure of the moral character of their country. This is particularly true in the Caribbean CBI countries, which do not wish for their countries to be seen as sympathetic toward either users or dealers of drugs, and who therefore have a zero-tolerance policy regarding such things.

Bottom line: if you’ve ever been convicted of a drug-related crime, then there is no chance of successfully applying to a CBI program.

If you have a very minor crime on your record, then it’s possible that it might be overlooked. This might be an instance of shoplifting as a teenager, for instance, or a DUI from decades ago (alcohol crimes, unlike other drug-related crimes, may be overlooked by certain jurisdictions).

Another thing to consider is whether or not the historic crime is a crime in the country to which you’re applying. If you have a historic conviction for being a public nuisance, for instance, the CBI country you’re applying to may not even recognize it as a crime. If that’s the case, then they may not view your ‘crime’ as a reason to block your application.

In many countries across the world, so-called ‘white-collar crimes’ are viewed as much less serious than others, more violent crimes. And though this is true to an extent in CBI countries too, the fact is that the same rules apply to these types of crimes as to others – the more serious and the more recent they are, the more they will negatively affect your chances of being granted entry to the country.

One white-collar crime that will completely destroy an applicant’s chances of obtaining a second citizenship is anything related to tax fraud. Any and all CBI countries have a zero-tolerance policy on this, no matter how long ago or how ‘trivial’ it may seem.

Some people may not universally be considered ‘criminals’, but may have been designated as such by their home governments – particularly in the case of those fleeing repressive or ‘international pariah’ regimes.

In these cases, the response of a CBI nation will likely be the same as for any ‘crime’ where they do not recognize the crime in question to be one as such. Namely, they will not consider it to be an impediment to the application of a potential CBI candidate.

Note, however, that this is a difficult subject. Some CBI nations will not entertain applications from holders of certain passports. This list goes into more detail about the blacklist held by the different CBI countries.

All of the above may be useful in informing your decision regarding applying for citizenship by investment (or not), but it’s ultimately a little like using WebMD to diagnose an illness: it may give you an idea, but you probably don’t know for sure. In order to get a definitive answer, you need to speak to an expert.

That’s why it’s vitally important to speak to an agency that’s well-versed in the laws and regulations in use in your chosen country. The right agent will have plenty of experience, and may well have dealt with somebody in your situation before. This means that they’ll be in an excellent position to advise you on what your next step should be – whether that’s proceeding with the application, considering switching to a different CBI program, or abandoning your application altogether.

However you ultimately decide to proceed, you need to take that first step – the ‘diagnosis’, to continue our medical metaphor. And when doing that, there are a few things that you absolutely must bear in mind.

Be 100% Transparent And Honest

Much like concealing symptoms from a doctor does you no favours at all in the long run, nor does concealing information from your CBI agent. They are there to advise you on your application, and in order to do that, they need to be working with 100% accurate information. If they don’t have that, then they cannot give you an honest assessment – and your application may fail despite their advice to the contrary.

In order to obviate this possibility, it’s imperative that you’re completely open with your agent. If you have previous criminal convictions for anything (even something as inconsequential as a sealed caution for causing a public nuisance as a teenager) then they need to be aware of it.

This serves two purposes. If your previous crime is inconsequential and unlikely to affect your application, then they’ll be in a position to tell you so, and put you at ease. You’ll be able to make your application safe in the knowledge that it’s likely to succeed and that you’re not wasting your time.

Secondly, in the unfortunate instance that your previous conviction will affect your application, then an honest agent will tell you so, preventing you from wasting time and money on an application that’s not going to go anywhere.

Note that we said an honest agent. Which leads us to our next point.

Beware Of Agents Who Promise The Earth

It can be very tempting to listen to a CBI agent who’s telling you that, despite your recent serious conviction, they can get you a second passport with absolutely no problems. If they’re so eager to dismiss your very valid concerns so quickly – where other agents would not – then that’s a huge red flag. If it sounds too good to be true, then it probably is.

Ensure, then, that you’re dealing with a reputable agent who’s going to give you accurate and honest advice. Even if that advice is not what you want to hear. Especially if it’s not something you want to hear. That means that you’re getting advice that you can trust.