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Is retiring in Thailand with a criminal felony record possible?

mikegw75
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mikegw75 Newbie

mikegw75

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I am married to a Thai citizen who is currently living with me in the US but we both plan on moving back to retire in Thailand in 7 years (2026). Although, I have been recently convicted of a Felony DUI (Driving Under the Influence of Alcohol; 4th offence in a lifetime in the state of Colorado). With this felony charge, am I able to return to retire in our home in Chiangmai? 

Thanks...

Mike

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ubonjoe Legendary Member

ubonjoe

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A criminal background check is only required to apply for a OA long stay visa at a embassy or official Thai consulate.

No check is required to apply for a non-o visa or extension of stay based upon retirement or marriage at immigration here.

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OJAS Ruby Member

OJAS

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As things stand at the present time, you can rule out a 1-year non-immigrant OA visa since obtaining one requires a specific criminal records check. But no such check is needed for a 90-day non-immigrant O visa, and you would probably be best advised to obtain such a visa on the grounds of being married to a Thai national from the Royal Thai Embassy in Washington DC or 1 of the consulates located elsewhere in the USA (alas, such visas are, generally speaking, no longer obtainable on the grounds of being aged 50 or over save at a limited number of Royal Thai embassies and consulates in adjacent countries to Thailand).

 

That all said, a lot could, of course, change between now and 2026!

Edited by OJAS
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MaeJoMTB Silver Member

MaeJoMTB

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33 minutes ago, mikegw75 said:

With this felony charge, am I able to return to retire in our home in Chiangmai? 

Yes, you  just don't tell them, arrive with VISA waiver on arrival, buy extension to visit wife..

Then get your 1 year retirement/marriage extension locally or a 1 year Multi to visit wife at Suvannakhet in Laos.

Edited by MaeJoMTB
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jenny2017 Advanced Member

jenny2017

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6 minutes ago, MaeJoMTB said:

Yes, you  just don't tell them, arrive with VISA waiver on arrival, buy extension to visit wife..

Then get your 1 year retirement/marriage extension locally or a 1 year Multi to visit wife at Suvannakhet in Laos.

A Non-O, Multiple Entry based on marriage, sometimes also called "marriage visa".

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OJAS Ruby Member

OJAS

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13 minutes ago, MaeJoMTB said:

Yes, you  just don't tell them, arrive with VISA waiver on arrival, buy extension to visit wife..

Then get your 1 year retirement/marriage extension locally or a 1 year Multi to visit wife at Suvannakhet in Laos.

 

5 minutes ago, jenny2017 said:

A Non-O, Multiple Entry based on marriage, sometimes also called "marriage visa".

Far better that he obtained a non-O "marriage" visa while still in the USA IMHO. Otherwise, if intending to travel to Thailand with a 1-way flight ticket in anticipation of receiving a 30-day visa-exempt stamp upon arrival, he may well be denied permission to board his flight at the USA airport of origin in the absence of an onward flight ticket out of Thailand within the following 30 days.

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MaeJoMTB Silver Member

MaeJoMTB

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4 minutes ago, OJAS said:

 

Far better that he obtained a non-O "marriage" visa while still in the USA IMHO. Otherwise, if intending to travel to Thailand with a 1-way flight ticket in anticipation of receiving a 30-day visa-exempt stamp upon arrival, he may well be denied permission to board his flight at the USA airport of origin in the absence of an onward flight ticket out of Thailand within the following 30 days.

Not if he wants to avoid a  'police check'.

Onward ticket from ChiangMai to HCMC (VietJet) $50, no need to use it.

 

I'm in ChiangMai, and I now get my 1 year multi entry VISA for reason of marriage from Suvannakhet.

It's easy, no hanging around in immigration offices, no proof of money required, no police checks or any of that rubbish.

You do need your original Thai marriage cert.

I don't find the 90 day VISA jumps a chore, Mae Sai is close, and I like 'little' holidays in foreign countries.

Edited by MaeJoMTB
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ubonjoe Legendary Member

ubonjoe

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1 minute ago, MaeJoMTB said:

Not if he wants to avoid a  'police check'.

No police check is required to get a single entry non-o visa based upon marriage anywhere.

He can easily get one in the states and then apply for an extension based upon retirement or marriage

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geriatrickid Star Member

geriatrickid

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9 minutes ago, wayned said:

I think that the key point is "in 7 years"!  Who knows what will happen between now and then!

Correct. By then there could  be an international data base where criminal convictions are uploaded and shared. This is done in the EU with ECRIS. Canada and the USA have a shared police record system such that the border officials can cross check a passport. It would certainly make it a lot easier for legitimate foreigners applying for work permits.

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poanoi Platinum Member

poanoi

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44 minutes ago, MaeJoMTB said:

Not if he wants to avoid a  'police check'.

Onward ticket from ChiangMai to HCMC (VietJet) $50, no need to use it.

 

I'm in ChiangMai, and I now get my 1 year multi entry VISA for reason of marriage from Suvannakhet.

It's easy, no hanging around in immigration offices, no proof of money required, no police checks or any of that rubbish.

You do need your original Thai marriage cert.

I don't find the 90 day VISA jumps a chore, Mae Sai is close, and I like 'little' holidays in foreign countries.

what ?

at least when i applied for marry visa in vientienne i handed over stuff about my pension

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ubonjoe Legendary Member

ubonjoe

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46 minutes ago, mikegw75 said:

Just found this as well... I'll have to do a lot more research.... This is why i'm starting now; may take 7 years to finalize. What a mess....

That is not a really a very good source of info since they are trying to sell you something.

 The requirements for a OA long stay visa for retirement on the DC embassy website are here. http://thaiembdc.org/consular-services/non-immigrant-visas/non-immigrant-category-oa/

You do not apply for a retirement visa at immigration as that website implies. There is no requirement for a background check for anything you would apply for at immigration here.

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BritTim Diamond Member

BritTim

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4 hours ago, mikegw75 said:

Just found this as well... I'll have to do a lot more research....

Be aware that there is more incorrect than correct information online about Thai immigration rules. Sometimes, even information on embassy websites and the official Ministry of Foreign Affairs website is outdated or totally wrong. Websites that are trying to sell you services are especially unreliable.

 

This site is your best source of information. Look at the relevant links in the pinned topic Laws, regulations, Police Orders, etc. Become aware of which members here provide reliable advice. @ubonjoe is good. Plenty of other posters here do not know what they are talking about.

 

As others have stated, there is almost zero chance that the rules will be the same in 2026 as they are today. It is likely, though, that as someone married to a Thai you will have a reasonable way to stay.

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Jingthing Legendary Member

Jingthing

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Yes, currently you can get retirement status without submitting a police record but of course you must avoid applying for an O-A visa.

At some point or another immigration is likely to access international criminal databases which would of course be a deal killer if you were currently WANTED for something.

But not the case here.

Culturally, I think DUI is not seen as serious an offense in Thailand as it is in the U.S. 

If there is a database they can check for convictions rather than warrants, I guess it could be potentially be a problem in future, but I doubt it. 

 

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Tanoshi Platinum Member

Tanoshi

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29 minutes ago, Jingthing said:

At some point or another immigration is likely to access international criminal databases which would of course be a deal killer if you were currently WANTED for something.

It's going to take them another 20 years to make their own databases reliable and workable, let alone have the knowledge to access other databases.

 

OP applying for a 90 Day Non Imm O Visa in the US requires no medical or criminal record checks.

You can then apply for annual extensions based on marriage to a Thai at local Immigration offices again with no medical or criminal record checks.

 

I do sincerely hope though that in the next 7 years, you'll curb your drinking habits and take control.

Thailand's road death rates are already the worst in the world.

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Jingthing Legendary Member

Jingthing

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Not so sure about that.

Periodically, it appears in the Pattaya press that every single person on retirement extension status will be subject to some kind of criminal investigation. One can assume they can access any LOCAL records but they never go into any details about what international sources they may have. I think they are smart enough to know that people that didn't start on an O-A never submitted a police report. 

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roobaa01 Advanced Member

roobaa01

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i suggest the following to u 1. obtain a single entry non-o in the us 2. fly to thailand and apply in the last 30 days of your non-o for an extention of stay based on marriage 3. once your application has been approved, you go to yr local thai immi to obtain a reentry permit 4. then fly back to the us and return to los for vacation when your extension is due for renewal. do it for 7 yrs.

 

wbr

roobaa01

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OJAS Ruby Member

OJAS

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46 minutes ago, roobaa01 said:

i suggest the following to u 1. obtain a single entry non-o in the us 2. fly to thailand and apply in the last 30 days of your non-o for an extention of stay based on marriage 3. once your application has been approved, you go to yr local thai immi to obtain a reentry permit 4. then fly back to the us and return to los for vacation when your extension is due for renewal. do it for 7 yrs.

 

wbr

roobaa01

It should not, however, be overlooked that he will be living in the catchment area of the dreaded Chiang Mai Immigration Office, about which there have been many horror stories over the years on Thai Visa. However, he could, in theory, avoid any contact with that particular office by obtaining a multi-entry non-O visa, which certainly appears possible in the USA if the Washington DC Embassy website (see link below) is to be believed. Through border runs every 90 days he could get almost up to 15 months out of this visa before going to Savannakhet for a fresh multi-entry non-O and repeating the process ad infinitum.

 

http://thaiembdc.org/consular-services/non-immigrant-visas/non-immigrant-visa-category-o/

 

That said, it is, of course, possible that, by 2026, the service provided by the Chiang Mai Immigration Office will more closely resemble that provided by the Ritz than that provided by Fawlty Towers as is the case at present!

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roobaa01 Advanced Member

roobaa01

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@Ojas  and what is safer

 

1. a non-o m from savannaketh with ever changing rules ??

 

or

 

2. a once approved extention of stay based on marriage being renewed every year ???? thereto changing rules normally dont affect holder coz of grandfathering.

 

or

 

3. pe visa for 10 yrs paying 1x thb 800k

 

wbr

roobaa01

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