In the context of the Community scheme, certain criteria for obtaining a permit are to be met, and there are specific grounds that may justify their refusal or even the expulsion of citizens from the European Union. These reasons apply in situations where there may be a risk to public order, public health or public safety.
The criminal record could be a reason for refusing the Community Family Permission (whether the five-year temporary residence or the 10-year permanent residence) if it is considered to pose a threat to public order, public health or public safety. The relevance of this background depends on the type of crimes committed and the time that has elapsed since they occurred. In other words, the simple fact of having a criminal record does not necessarily mean that residence in Spain is refused under the Community regime. However, if the criminal record or the conduct that caused them still constitutes a danger at present, they could be sufficient grounds for refusing to grant the Community card.
There are cases in which the existence of a criminal record does not represent an immediate risk to public order, public health or public safety. For example, there are convictions that, even if they involve criminal punishment, do not have a social gravity such as to justify the denial of the Community card. In addition, particular situations may arise, such as the presence of Spanish minor children, which could compensate for the existence of a criminal record and prevent the denial of the card.
On the other hand, the Community card may be refused even in the absence of a criminal record, if the behaviour of the person is considered to be a risk to public order, public health or public safety. An example would be the case of a person who has been arrested on several occasions for committing offences or offences that have not yet been tried, but on which there are police reports that disapprove of the card. In such situations, even if there is no formal criminal record, the Community card could be denied.
In conclusion, what really matters for the refusal of the Community card is not just the existence of criminal records, but whether there is a significant and current risk to public order, public health or public safety at the time of the application. However, criminal records will be a factor to consider when assessing the existence of such risk.
