A criminal conviction makes it much more difficult to obtain legal residence, much less citizenship, in another country. Because applicants must generally provide proof of no criminal record when they apply for residence or citizenship, a felony conviction may be an absolute bar to even begin the process. A conviction on a misdemeanor charge, punished by one year or less imprisonment, is less of a detriment.
A criminal offense in one country may be considered a civil offense in others. For instance, some countries consider draft evasion a civil offense, making it less likely that a criminal conviction for draft evasion in another country would disqualify an application for permanent residence or citizenship. Immigration authorities may also view a politically motivated crime in another country less seriously than a conviction for an offense involving fraud or violence.
The time elapsed since a conviction also affects eligibility. A felony conviction decades ago, especially a relatively minor one, may not invalidate an otherwise successful application for residence or citizenship.
If you have a criminal conviction and seek second residence or passport, you should first obtain a passport from the country from which you currently hold citizenship, if you don't have one already. If you're a U.S. citizen, depending on the nature of the conviction, you may not be eligible for a passport until you complete your period of parole or supervised release.
Once you have your passport, begin visiting the countries that interest you. Focus on countries that don't make a criminal conviction an absolute bar to permanent residence or eventual citizenship, or that exempt the type of offense for which you were convicted. Also look for countries that don't require a visitor's visa for individuals holding your country's passport, or permit you to obtain visa on arrival. You may also be denied entry to some countries you could otherwise enter visa-free, such as Canada, unless you apply for a waiver. Each country is different, so you must research each one.
When you enter each new country, make sure you know how many days you can stay, and have a return ticket to depart before that deadline. If you want to stay longer, apply for a tourist visa and keep renewing it. Tourist visas require less of a background check (often, none) than a residence visa. However, in most countries, you won't become eligible for eventual citizenship and passport unless you first obtain a permanent residence visa.
Once you've found the country in which you'd like to establish permanent residence, talk to other expats to find out how the system works, both officially and unofficially. Learn who owns prominent local businesses, and get to know them. Make friends with police and local government officials. And stay out of trouble–you're trying to prove that you've reformed. Joining a local church may be appropriate in some countries.
Eventually, you should be able to find a path to permanent residence. It may merely involve a new friend picking up a phone to call an influential official. Or it may require that you hire an attorney. If the attorney doesn't view you just as a client with a problem, but as someone with influential friends, you're more likely to be successful.
Once you have your residence permit, you can begin the path to citizenship and a second passport. Citizenship through naturalization generally requires two years to 10 years or more of continuous legal residence. When you apply for citizenship, you'll need to demonstrate proof of no criminal record, but in some countries it is sufficient for you to have maintained "good conduct" since you arrived there to qualify.
Good luck!
Copyright © 2012 by Mark Nestmann
