Applying for Thai work visa. Advice required on criminal record

[Mindslider]

Hi all, 

 

First time poster here. Please be gentle. I am looking to apply for a visa to work as I retrain as an English language teacher. The main issue I have right now is a very old criminal record from 20 years ago and wanted to see if anyone else has any experience of this. I was convicted of GBH with intent (Grevious bodily harm) and sentenced to 2 years probation and 40 hours community service. The lowest possible sentence for the crime. I currently work in cybersecurity and have a bachelors degree and two masters degrees all from Oxford University. My family are Thai and live in Yasothon and thus the reason to emigrate so I can be closer to them. 

 

Any advice would be greatly appreciated. 

 

Thanks

Simon

[jackdd]

What do you mean your familiy is Thai? Are your parents Thai? Then you should get a Thai passport / ID card, then you won't need a visa

[Mindslider]

1 hour ago, jackdd said:

What do you mean your familiy is Thai? Are your parents Thai? Then you should get a Thai passport / ID card, then you won't need a visa

My wife and children are Thai. I am British

Edited August 4, 2019 by Mindslider

[tideout]

Just now, Mindslider said:

My wife and children are Thai. I am British

I'm guessing a lot of people will not be able to respond as they aren't familiar with UK/British law. In the US you can have your record sealed (usually). You may need to go through this process before leaving the UK - after leaving it could be difficult dealing with courts etc...

Good luck.

[emptypockets]

Don't know the answer but I got busted for cannabis seeds 35 years ago. I reckon I'm stuffed if they ever find out. Do the crime do the time and it should be finished in my opinon.

Best of luck.

[roamer]

I assume that what you are referring to is what would be recorded about you on a police certificate from ACRO.

 

Although your conviction is spent and you don't have to disclose it to an employer for example, it still remains on the PNC (police national computer). When you go to get a police certificate it will either show details of this conviction or not depending on whether it is what is referred to as "stepped down". Whether or not a conviction is stepped down depends on the severity of the crime, the length of the sentence and some other factors as well. Grievous bodily harm is a very wide-ranging term and ACRO would break it down into further categories, however in your case as you received a non-custodial sentence even if it was classed as a group A offence by ACRO it is stepped down after 20 years, 15 years if it is group B etc.

 

However, that doesn't put you in the clear I'm afraid as even a stepped down offence, no matter what it was for, brings back the term "no live trace" on the certificate and that is a giveaway to any embassy etc where they require this certificate. You would then be required to produce further details of the offence and then it is up to them to decide. Certainly if you were to go to the US or Australian embassy for emigration or any other purpose where they required this certificate they would spot the "no live trace" right away. What they are looking for and would approve would be "no trace".

 

I'm only telling you what would happen if you applied for a work permit at the Thai embassy in UK if they need the certificate. I don't know what would happen if you are in Thailand with a marriage Visa and then apply for a work permit, someone else could probably advise you if you still need the certificate. Also what they would be prepared to take into consideration or ignore. Good luck.

Update.

From Thai Embassy UK.

Required documents

Visa regulation of Thailand concerning the visa applicant from English native speaking countries who wishes to apply for an appropriate visa to work as a teacher in Thailand both on employment basis and voluntary basis is as follows :
Certificate of criminal record clearance from the UK (ACRO or issued by the police, not older than 6 months) or Ireland (issued by the national police department not older than 6 months)

 

Edited August 4, 2019 by roamer
Added information.

[DrJack54]

I don't get this thread. Yes maybe stupid day for me.

Apply for police clearance check and see how it goes.

Many offences don't show up with that length of time.

Personally I think you have good shot. Good luck, we all make mistakes.

[roamer]

For the sake of clarity then, and there are no ifs buts or maybes, ANY criminal conviction or even cautions will come back as "no live trace" as below regardless of the length of time. Any embassy official will recognise that as meaning there are details that are not disclosed on the certificate, up to them what they then decide to ask for.

"Types of certificate:

 

The applicant receives one of four types of certificate: 

 

• No Trace: There are no convictions, cautions, reprimands/warnings or conditional discharges
• No Live Trace: There is a criminal record but this information does not appear on the certificate because it has been stepped down
• Trace: There is a criminal record and all the information has been disclosed

https://www.acro.police.uk/acro_std.aspx?id=2379

[cdnvic]

In this forum please keep replies limited to technical information and not personal commentary about other members.

[elcaro]

Get married and apply for a work permit. I was not asked for any evidence of this kind. Though thinking of it now, they probably should.

 

By the way, are you insane. Working in cybersecurity and switching to english language teacher. There is a lot of money with security both as expert advice in thailand and online.

 

If you are not making money of it, you either suck at your job or lie about your work.

[Prince77]

11 hours ago, roamer said:

I'm only telling you what would happen if you applied for a work permit at the Thai embassy in UK if they need the certificate

As far as I know, you only can apply for a work permit at the Thai Labour Department in Thailand. Anyhow, I also cannot recall that you need to submit a Police clearance for that. Finally they will be happy if you pay your personal income tax, so it should not be a problem.

[ubonjoe]

A police clearance is only needed to apply for a non-b visa at a embassy or consulate for teaching.

[Thaifriends]

No need to worry. Simply go to the police headquarter and obtain your clearence. If there is no case against you in Thailand then they will give you certificate. UK case is finished and you have served the sentense.

 

It might have been a problem only if there are request from UK home ministry to extradite or an Interpol warrant, which I think is not applicable in your case.

 

So relax as its good for cleaning up the expats who have crimnal record in Thailand.

Edited August 5, 2019 by Thaifriends

[Thaifriends]

12 hours ago, tomazbodner said:

I don't know if the things have changed but I don't remember being asked for a no-criminal-record when applying for work permit. For permanent residence, yes, and in my country they had no idea what I was asking for initially, but I am confident it was never asked for during WP application. I have shared it (as I had it handy) during last WP application now some 3+ years ago, but was never asked for. Maybe someone else can confirm this?

Now need police crimnal record check for 1 year visa extension

[Thaifriends]

18 minutes ago, ubonjoe said:

A police clearance is only needed to apply for a non-b visa at a embassy or consulate for teaching.

Now for all non b 1 year extension. I am not sure for non o

[ubonjoe]

Now for all non b 1 year extension. I am not sure for non o

No it is not required for any extension of stay other than for those from a few countries.

Sent from my Lenovo TB-7304X using Thailand Forum - Thaivisa mobile app

[Mindslider]

3 hours ago, elcaro said:

Get married and apply for a work permit. I was not asked for any evidence of this kind. Though thinking of it now, they probably should.

 

By the way, are you insane. Working in cybersecurity and switching to english language teacher. There is a lot of money with security both as expert advice in thailand and online.

 

If you are not making money of it, you either suck at your job or lie about your work.

I have been trying to get work in cybersecurity out there. Even interviewed but they seem to just want Thais. Admittedly, I only have two years experience which does not help.. I have one more interview in October but not counting my chickens and for the sake of £240 for the course, it seemed a good back up plan. And I am extremely good at my job. 

[Mindslider]

Thank you everyone for the info. Will be putting an Acro request in and see what it comes back with. It won't hurt to try

[BobbyL]

In my experience it depends on where you end up working and where you go to obtain your Non - B.

 

International schools will require either an Enhanced DBS or ACRO and will definitely question what is on it. I would guess there are lots of places here that don't even ask people for a police check. 

 

As another poster mentioned, to get a Non - B you usually need to present a police check. I did this in Hull and they did check my Enhanced DBS from my school there. 

 

However, I have a mate here teaching with a UK drink driving conviction and he went to Laos for his Non - B. The people there never even checked his ACRO even though it clearly stated his conviction. 

[Larry7]

I had to get a criminal history report to apply for a retirement visa from the Thai Embassy in Washington, DC.

[Satcommlee]

You can self apply for a disclosure and Barring Service (DBS) basic certificate (formerly Disclosure Scotland but not necessarily limited to Scotland so to speak), as this is a "spent conviction" it will not show up.

 

The alternative ACPO certificates have "stepping down" procedures for certain and old offences, you can research this on the website.

 

In UK teaching positions require "enhanced" disclosures from the DBS which the offence would likely show up but only certain organisations are allowed to apply for this and that is not going to happen from Thailand.

 

There is also a "Subject Access Request" at a police station, don't know anything about that.

Edited August 5, 2019 by Satcommlee

[roamer]

Daughters friend teaching at International school was asked for enhanced DBS or ACRO. Believe one of the principal differences between the 2 is that DBS only available to UK home address (or it was) but ACRO you can apply for from overseas. An aside; some 5 years ago she was in a group of young people "busted" for pot possession, minor stuff and they were offered a choice of a caution or the possibility of prosecution. She alone refused a caution. There was no prosecution bought. One of her friends was last year refused a US work permit, severely damaging his career prospects, on the basis of that caution and ACRO report, it was classed by US as "admission of a controlled substance violation". Whatever state laws may apply to pot; federal laws and hence immigration law still see it that way. Interesting that even a conviction or prison sentence for assaulting someone, burglary, fraud whatever would not have bought about automatic this blank refusal. Bloody unjust as well.

Edited August 5, 2019 by roamer
spelling

[paulbrow]

On 8/4/2019 at 11:08 PM, tomazbodner said:

I don't know if the things have changed but I don't remember being asked for a no-criminal-record when applying for work permit. For permanent residence, yes, and in my country they had no idea what I was asking for initially, but I am confident it was never asked for during WP application. I have shared it (as I had it handy) during last WP application now some 3+ years ago, but was never asked for. Maybe someone else can confirm this?

I wasn't required to furnish one either.

[roamer]

On 8/4/2019 at 5:08 PM, tomazbodner said:

I don't know if the things have changed but I don't remember being asked for a no-criminal-record when applying for work permit. For permanent residence, yes, and in my country they had no idea what I was asking for initially, but I am confident it was never asked for during WP application. I have shared it (as I had it handy) during last WP application now some 3+ years ago, but was never asked for. Maybe someone else can confirm this?

The difference is that the OP wants to get a visa to work as a teacher and for that a criminal record clearance is required.