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Thai Spouse travel history/convictions and UK Visas


MicroB

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My Thai fiance has an irregular travel history, from before I knew her, and while I have no intention of witholding information if asked, I am unsure if it will affect the success of an application for UK Holiday or Partner Visa.

 

In September 2019, she traveled to Malaysia for work, with friends, via an "agency", to whom she paid 7000 Baht for "insurance". She worked in massage. Previously, she was an electronics engineer with a Japanese firm in Bangkok for 13 years until divorcing her husband (who was also her manager).

 

As she puts it, on her first day at work she did one foot massage, then went shopping at the local market before being picked up by the Malaysian Police (I assume there are regular raids in the area). She was 3 days in a holding cell, before being bailed. She is unclear who paid the bail, but I suppose it was the shop, who kept her passport for surity.

 

I think once being bailed, she could have simply checked out of Malaysia, and that would be that. But she had no passport and dutifuly reported to the police station on a regular basis, until the Malaysians suddenly rearrested her and her friends, and threw her in a pretty miserable sounding prison (15 to a cell, sleeping on the floor, a bit of rice and some disgusting rotted fish to eat. Eventually her court date came around, a few days after the 30 days she had been originally permitted to stay in Malaysia (so essentially about 1 month on remand). The Court process was in English, which she didn't understand, and she had no representation.

 

The result was another month in prison, deportation and a 5 year black listing (until December 2024). The stamps and scribbles in her passport, as much as I can determine, relate to an overstay offence. Googling, it seems there are many students, interns, who got the same stamp and were thrown out.

 

The whole experience seemed to have shocked her; in prison, there were many different nationalities. A lot of underage Vietnamese girls, but also hardened Malaysian criminals who seemed to have no problems getting extras into the prison.

 

I understand, for the UK, all travel history for the last 10 years has to be provided, along with any convictions. As related, are these events likely to have a significant impact on the outcome of a visa application, or unlikely to merit much concern?

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15 minutes ago, MicroB said:

I understand, for the UK, all travel history for the last 10 years has to be provided, along with any convictions. As related, are these events likely to have a significant impact on the outcome of a visa application, or unlikely to merit much concern?

It would appear a lot of concern. 

1) She travelled to another country to work illegally

2) She received a conviction in a foreign country.

The UK entry clearance officer (Visa processor) will look at that as past form and is unlikely to issue a visa. Unless, she has been to a western country such as USA, Canada, anywhere in the EU, Australia or New Zealand since and has returned home to Thailand. Then there might be a chance.

 

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Any UK IO wants to be certain that every visa holder can support themselves and will return home at the end of their visit, if they can't satisfy themself on those points they wont issue a visa. If the IO sees proof that an applicant has not met those conditions in another country and has been jailed for it, the chances of her being issued a visa are not great.

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34 minutes ago, nigelforbes said:

I don't think that conviction necessarily makes her a bad person, many rural people fall into agent traps involving high costs and confiscated passports, their lack of viable alternatives doesn't  help. 

There are documentaries, articles etc about the way poor people are sold work permits for other countries, only to find they have become chattel.  Taking away the passport is the real kybosh. 

 

 

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1 minute ago, bendejo said:

There are documentaries, articles etc about the way poor people are sold work permits for other countries, only to find they have become chattel.  Taking away the passport is the real kybosh. 

 

 

The repayment of large amounts of "travel and related expenses". doesn't help either.

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2 hours ago, nigelforbes said:

I don't think that conviction necessarily makes her a bad person, many rural people fall into agent traps involving high costs and confiscated passports, their lack of viable alternatives doesn't  help. 

None of which makes a bit of difference to the person assessing the visa application on behalf of HM's government.

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54 minutes ago, NanLaew said:

None of which makes a bit of difference to the person assessing the visa application on behalf of HM's government.

My comment was more for the ops benefit about the character of his girlfriend rather than anything to do with the visa.

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9 hours ago, MicroB said:

Ignoring those guessing.

All of us can only guess, apart from the officer at the UK embassy. If She gets caught lying on the form she will be blocked on future applications. I'm not Guessing that she will be denied entry to the UK with her illegal "Massage'' service in Malaysia. 

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3 hours ago, Thomas KH said:

Unbelievable stupidity. Why would you declare the Malaysian events on a UK visa application?? Do not declare it. There is no record of it in Thailand or in the UK. Not even in the EU or Interpol.

 

She's in bad hands with someone like you. Over-honest and paranoid.

As the OP said, it's all over her passport. Do you think they're not going to notice?

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Tell her to get a new passport, that will be totally clean of any offences in Malaysia. When she applies simply do not declare any convictions its pointless. If she proceeds with the application with the same passport and you declare the offences, she has zero chance of success.

Edited by jimn
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12 hours ago, nigelforbes said:
13 hours ago, NanLaew said:

None of which makes a bit of difference to the person assessing the visa application on behalf of HM's government.

My comment was more for the ops benefit about the character of his girlfriend rather than anything to do with the visa.

Totally agree. And if the OP's government should oppine that she's persona non grata, and regardless of the disruption of being denied a visa, I hope he appreciates that his valuation of his partner's character means much more than that of a faceless, box-checking civil servant blindly following the edicts that came from a failed former British Prime Minister when she held the Foreign Office portfolio.

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6 hours ago, jimn said:

Tell her to get a new passport, that will be totally clean of any offences in Malaysia. When she applies simply do not declare any convictions its pointless. If she proceeds with the application with the same passport and you declare the offences, she has zero chance of success.

This naively assumes that a brand new clean passport doesn't trigger another level of review of the applicants bona fides. It's far easier to tell and maintain the truth. Once you start lying, and not declaring any convictions is lying, then one needs to live the lie and risk being caught in the lie and accepting whatever that entails. There's a lot of personal information that's shared at levels way above our pay grade and in this new age of tribalism and nationalism masquerading as 'national security', getting black listed from the UK can have broader repercussions than the 5-year one from Malaysia.

 

Since that expires soon, maybe defer any travel and visa plans until after that eventuates? However, my ongoing experience of Malaysian immigration indicates that they don't neccesarily keep their database up to date.

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18 hours ago, nigelforbes said:

Any UK IO wants to be certain that every visa holder can support themselves and will return home at the end of their visit, if they can't satisfy themself on those points they wont issue a visa. If the IO sees proof that an applicant has not met those conditions in another country and has been jailed for it, the chances of her being issued a visa are not great.

So I suspect the large number of members of this forum who have confessed to overstaying in Thailand are basically criminals for life, and should be denied visas for any other country. In addition, their obvious untrustworthiness would mean they should be banned from certain positions or coming into contact with the vulnerable. This seems consitant with your point.

 

Malaysia began a draconian policy some years back, replacing the previous overstay fine system with mandatory jail time.

 

Another Guesser.

 

Blocked based on off topic worthless replies.

Edited by MicroB
poster wrote further insults
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OP @MicroB No need for guessing (but suspect you know), just make the application and you will find out. Get her a new passport before application, list travel history as asked, is it really a criminal conviction or just a deportation? When you fill in the visa form you have to answer the questions as best you/she can. Only both of you will know. History is important. Just do it and stop blocking!

 

Edited by soi3eddie
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On 4/22/2023 at 1:06 AM, MicroB said:

As related, are these events likely to have a significant impact on the outcome of a visa application, or unlikely to merit much concern?

Almost certainly and personally I think little chance of success in current circumstances.

I would suggest getting married, wait a couple of years and the application would have a better chance of success.

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