In 2000 my husband was accused and convicted of a rape that allegedly took place in or around 1972. He has served a prison sentence which is now over but is on the sex offenders register in england. We would like to buy a home in France and start a new life there, but we are concerned that there may be some legalities that would prevent us from buying and living there.
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Thank you for your question.
Do you know if your husband's details still appear on the Sex Offender's Register?
What was the sentence imposed by the court?
I look forward to your response.
my husband was given a 12 year sentence, which he has now served, but he is required to sign the sex offenders register once a year.
Let me research the issue and get back to you.
Before you both travel to France, your husband will need to inform the police that he intends to travel abroad. This is a requirement under section 2, (6D) and (6E) of the Sexual Offences Act 2003.
He must inform the police in person (although he can do so by letter, he must attend the police station in person), and do so at least 7 days before you travel.
His notice must contain:
1. his name, date of birth and current address;
2. an indication of the date on which he will leave the UK;
3. the fact that he is going to France;
4. his point of arrival in France;
5. if he intends to travel to more than one country, his intended point of arrival in each such additional country;
6. the identity of any carrier or carriers he intends to use for the purposes of his departure from and return to the UK, and of travelling to any other point of arrival,
7. details of his accommodation arrangements for his first night outside the UK,
8. the date which he intends to return to the UK on a particular date;and
9. his point of arrival when he intends to return to the United Kingdom.
If your husband doesn't know when he will return (points 8. & 9.), he should state that he hasn't yet made plans for his return to the UK but will inform the police as soon as he does.
He must also give notice to the police of his return to the UK (even if for a temporary period) within 3 days of arriving back to the UK. The notice must specify his date of arrival and point of arrival in the UK.
You should also know that your husband cannot be refused entry to France simply on the basis that he has a conviction. Under EU law, the French authorities can only refuse him entry if he represents a serious, genuine and current risk to the public order.
Once in France, you should register your presence at the local prefecture and register as residents. This is not compulsory but is highly recommended as it will assist you in your dealings with the public authorities. At the local prefecture, you should apply for a "titre de sejour". You will need to provide evidence that you or your husband are working in France or, alternatively, proof that you have adequate resources and comprehensive healthcare insurance in place.
You can find out more about the procedures on this official French government website: http://vosdroits.service-public.fr/particuliers/F12017.xhtml
Finally, as EU citizens you have a right to purchase property in France. There is no exception, even for persons who have been convicted in the past.
You can find out more about buying property in France here: http://vosdroits.service-public.fr/particuliers/F15913.xhtml
I hope this answers your question. Please don't forget to click accept. Thanks in advance.
Lawyer with Maîtrise en droit & Licence spéciale en droit européen.
thankyou for your reply. we understand the procedures required to satisfy the authorities here in britain about travelling abroad, and about returning to england, but would we need to contact the police in France, as they do not appear to have a register there. We would not wish to put ourselves in a bad position through ignorance of the requirements.
There is no such requirement in France that would require your husband to register with the French police for an offence committed abroad.
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Thanks in advance.
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