Pr With A Criminal Record

[DonW]

Hello posters,

If i wanted to apply for permanent residency with the following convictions (which are spent under UK laws though I doubt that has anything to do with it), could I?

Two Fraud and Kindred offences consisting of the following and both on the same date

1. BEING KOWINGLY CONCERNED IN FRAUDULENTLY EVADING PROHIBITION/RESTRICTION ON IMPORT OF CONT.DRUG CLASS B ON CUSTOMS AND EXCISE MANAGEMENT ACT 1979 S.170(2)( (This one was for weed at about 200g)

2. BEING KOWINGLY CONCERNED IN FRAUDULENTLY EVADING PROHIBITION/RESTRICTION ON IMPORT OF CONT.DRUG CLASS B ON CUSTOMS AND EXCISE MANAGEMENT ACT 1979 S.170(2)( (and this one for hash at about 20g)

Non Custodial sentences

Clean record other than that.

Would the right Thai Lawyer be able to fix this wee issue? Or , if I really needed to use my ace card (but Id rather pay a lawyer), perhaps a character reference from a Thai MP I have known for many years before his political success, is a friend and is now particularly well known.

Thanks

Edited October 16, 2012 by DonW

[harrry]

Do you have a very good reason for wanting PR. If you do not it may best to leave sleeping dogs lie as there is a risk that they will decide that it is enough to cancel your ordinary visa and send you home.

[Mario2008]

Wiht a drugs offence you will not get PR, they might even kick you out of the country when they learn about your convictions.

[DonW]

Cheers Gents. Seems mad that a little bit of weed could get me such a reception when I know there is a massive amount of ex-cons with some serious form roaming Bangkok, Patts and Samui!

Ah well.

And no, no particular need for PR. I am cool in that where I have a home my Buddy is the local MP so I don't fear any visa issues. That said, PR would, it seems, be good if the visa rules change.

Thanks

[Dork]

You said that your convictions are "spent" under UK laws which I presume means expunged for most purposes. When you apply for PR, you must supply a certificate of no criminal convictions issued by your home countries government and certified as true and correct by your Embassy in Thailand.

Therefore I think that whether you would be eligible to apply or not will depend entirely on what that document says.

[lizardtongue]

Perhaps you should have considered asking your 'buddy' MP if it was a good idea to post your previous convictions on an open forum! Your 'buddy' might have suggested against it as I do believe that the forums are monitored by Thai authorities.

There are many ex-pats with 'buddies' who are top police, immigration officers and MP's and when or if the these 'buddies' do a Houdini, just duck your nut and keep a low profile!

[DonW]

Perhaps you should have considered asking your 'buddy' MP if it was a good idea to post your previous convictions on an open forum! Your 'buddy' might have suggested against it as I do believe that the forums are monitored by Thai authorities.

There are many ex-pats with 'buddies' who are top police, immigration officers and MP's and when or if the these 'buddies' do a Houdini, just duck your nut and keep a low profile!

See you havent much going on today then. Now, how the <deleted> would the Thai authorities be able to trace me and him from this forum. I dont suppose BT is to keen on giving out my address and name to inquiring somchais (not that the connection is even in my name).

And thanks for letting me know what my relationship is or isn't with my friend. But, so you know cause you need to change your attitude. I have known my 'buddy' for 15 years way back when he was studying his degree and I was working for his eldest bro. My 'Buddy' comes to visit me in the UK every year and we have been to Germany, Holland (ooo shit the Thai authorities'll know we smoked a fat one now) and Dubai on family holidays - hell, he's even stayed with my Mum. When my wife's father was killed by a drunk driver he ensured justice was done properly via the courts. He attends all my Thai family's events he even calls my mother in law mum.

Yeh - he might run off when the shit hits the fan but hasn't to date - friendship has foom all to do with position. Just because you are a bottom feeder, luv, doesn't mean we all are. As I said, I dont like to abuse my friendship and would rather use a lawyer.

Still, you keep your head down.

Jesus, the assumptions so of you neverweres spout.......

Edited October 16, 2012 by DonW

[DonW]

You said that your convictions are "spent" under UK laws which I presume means expunged for most purposes. When you apply for PR, you must supply a certificate of no criminal convictions issued by your home countries government and certified as true and correct by your Embassy in Thailand.

Therefore I think that whether you would be eligible to apply or not will depend entirely on what that document says.

Yeh but they are still present on the old criminal record so I am <deleted>, I think. I think I'll stick to year to year visas.

[lizardtongue]

Perhaps you should have considered asking your 'buddy' MP if it was a good idea to post your previous convictions on an open forum! Your 'buddy' might have suggested against it as I do believe that the forums are monitored by Thai authorities.

There are many ex-pats with 'buddies' who are top police, immigration officers and MP's and when or if the these 'buddies' do a Houdini, just duck your nut and keep a low profile!

See you havent much going on today then. Now, how the <deleted> would the Thai authorities be able to trace me and him from this forum. I dont suppose BT is to keen on giving out my address and name to inquiring somchais (not that the connection is even in my name).

And thanks for letting me know what my relationship is or isn't with my friend. But, so you know cause you need to change your attitude. I have known my 'buddy' for 15 years way back when he was studying his degree and I was working for his eldest bro. My 'Buddy' comes to visit me in the UK every year and we have been to Germany, Holland (ooo shit the Thai authorities'll know we smoked a fat one now) and Dubai on family holidays - hell, he's even stayed with my Mum. When my wife's father was killed by a drunk driver he ensured justice was done properly via the courts. He attends all my Thai family's events he even calls my mother in law mum.

Yeh - he might run off when the shit hits the fan but hasn't to date - friendship has foom all to do with position. Just because you are a bottom feeder, luv, doesn't mean we all are. As I said, I dont like to abuse my friendship and would rather use a lawyer.

Still, you keep your head down.

Jesus, the assumptions so of you neverweres spout.......

Bottom feeder maybe! But one without a criminal record luv!

[koolbreez]

The hash charge isn't of too much concern because of the weight, but as a second repeat charge after a conviction for a sizable (over 100g) pot charge, and importing on both charges you won't be accepted by this current government, and their heavy anti-drug stance. The criminal charges are based off Thai law as to how serious they are, not under UK law for permanent residency.

If the convictions are old enough that some judge in the UK will seal the records then you might have a chance, and don't for a minute think your Thai MP buddy will stick up for you if it will cause him to loose face here defending a known convicted drug person. Does he even know about these convictions? I doubt it, and you should keep it that way until you can get a judge in the UK to seal the records. A good lawyer can do this for you if lots of years have passed, you can afford his fee, and you've been a good boy since then. Contact a good UK lawyer versed in criminal law.

[Satcommlee]

I think a lot will depend on whether you apply through the ACPO or the CRB for your backround check.

For someone applying for their own Crininal record check through an agent of the CRB will not have spent convictions disclosed, they will show as "No live Trace".

"No Live Trace" being that there are convictions that have been removed, if for example you wish to migrate to America/Australia you would be required to produce court documentation to show what these were.

If you apply through the ACPO, then a different criteria is applied and it could take 30 years for these to be "Stepped Down" and disappear off your records.

So for permanent residency a lot will depend on whether you need to provide an ACPO certificate or a CRB certificate.

[DonW]

Bottom feeder maybe! But one without a criminal record luv!

Well, you got to live to get a record, my sweet.

[endure]

I think a lot will depend on whether you apply through the ACPO or the CRB for your backround check.

For someone applying for their own Crininal record check through an agent of the CRB will not have spent convictions disclosed, they will show as "No live Trace".

"No Live Trace" being that there are convictions that have been removed, if for example you wish to migrate to America/Australia you would be required to produce court documentation to show what these were.

If you apply through the ACPO, then a different criteria is applied and it could take 30 years for these to be "Stepped Down" and disappear off your records.

Drug offences are never removed from PNC records.

[DonW]

The hash charge isn't of too much concern because of the weight, but as a second repeat charge after a conviction for a sizable (over 100g) pot charge, and importing on both charges you won't be accepted by this current government, and their heavy anti-drug stance. The criminal charges are based off Thai law as to how serious they are, not under UK law for permanent residency.

If the convictions are old enough that some judge in the UK will seal the records then you might have a chance, and don't for a minute think your Thai MP buddy will stick up for you if it will cause him to loose face here defending a known convicted drug person. Does he even know about these convictions? I doubt it, and you should keep it that way until you can get a judge in the UK to seal the records. A good lawyer can do this for you if lots of years have passed, you can afford his fee, and you've been a good boy since then. Contact a good UK lawyer versed in criminal law.

The two charges were at the same time - weed strapped and some fine hash in my shoe (I was young, what can I say....) I note your excellent point about the government and the anti-drug stance. I didnt know about sealing charges - this is great advice, thank you. I will cettainly employ a good lawyer to look into this as many years have passed and Ive been a very good boy. My buddy does know - and I would not want to use him unless I really had too. Now that I have some insight IE sealing the charges, it wont come to this. I think you are right, he'd not want to do it as its not all that important, really.

Cheers - excellent post, thank you.

[DonW]

I think a lot will depend on whether you apply through the ACPO or the CRB for your backround check.

For someone applying for their own Crininal record check through an agent of the CRB will not have spent convictions disclosed, they will show as "No live Trace".

"No Live Trace" being that there are convictions that have been removed, if for example you wish to migrate to America/Australia you would be required to produce court documentation to show what these were.

If you apply through the ACPO, then a different criteria is applied and it could take 30 years for these to be "Stepped Down" and disappear off your records.

So for permanent residency a lot will depend on whether you need to provide an ACPO certificate or a CRB certificate.

Hi will look into this also, whether they need an ACPO or a CRB, The thing is, Ive applied under both and the charges show on both.......

[endure]

I don't think that UK law has the concept of sealing charges. We have the Rehabilitation of Offenders Act instead but, as I said, drug charges are never expunged from the PNC. You can ask for a copy of your criminal record by subject access request:

http://www.ico.gov.uk/for_the_public/topic_specific_guides/crime.aspx

[DonW]

yeh done that and they both show up - cheers

[Satcommlee]

Drug offences are never removed from PNC records.

Not strictly true whilst everything remains on computer for police use, drug offences seem to be Class A offences, according to this document.

http://www.acpo.poli...f Records06.pdf

A non custodial conviction will be stepped down after 20 years if an Adult when convicted, or 15 years as a "young person"

It is worth reading the PDF I have linked to.

Edited October 16, 2012 by Satcommlee

[endure]

Drug offences are never removed from PNC records.

Not strictly true whilst everything remains on computer for police use, drug offences seem to be Class A offences, according to this document.

http://www.acpo.poli...f Records06.pdf

A non custodial conviction will be stepped down after 20 years if an Adult when convicted, or 15 years as a "young person"

It is worth reading the PDF I have linked to.

That's very interesting. Thanks for the link.

[PattayaPhom]

You said that your convictions are "spent" under UK laws which I presume means expunged for most purposes. When you apply for PR, you must supply a certificate of no criminal convictions issued by your home countries government and certified as true and correct by your Embassy in Thailand.

Therefore I think that whether you would be eligible to apply or not will depend entirely on what that document says.

If your only on year to year visas you wont be able to apply for at least another 4 years, unless of course you mean year to year extensions.

Yeh but they are still present on the old criminal record so I am <deleted>, I think. I think I'll stick to year to year visas.

If your only on year to year visas you wont be able to apply for at least another 4 years, unless of course you mean year to year extensions.

Edited October 17, 2012 by PattayaPhom

[RubbaJohnny]

I think a lot will depend on whether you apply through the ACPO or the CRB for your backround check.

For someone applying for their own Crininal record check through an agent of the CRB will not have spent convictions disclosed, they will show as "No live Trace".

"No Live Trace" being that there are convictions that have been removed, if for example you wish to migrate to America/Australia you would be required to produce court documentation to show what these were.

If you apply through the ACPO, then a different criteria is applied and it could take 30 years for these to be "Stepped Down" and disappear off your records.

So for permanent residency a lot will depend on whether you need to provide an ACPO certificate or a CRB certificate.

An individual does not aply for CRB

A potential employer does it for screening

I have one as I work at Unis

They only apply for 12 months and take long time .

I believe volunteers may require them with access to kids now.

Applying like psioting here gets you flagged.

As for Judges sealing that is is not practice in Scotland I am unsure of current British law and suggest you consult someone insured to give such advice not here.

If in Uk places likeCAB may be free ,my London lawyer charges around 400 pound per 30 minutes.,lucky we were college friends so he doent bill me.

Perhaps a Thai law firmwould also have experience.

No disrespect to your "special friend" but people die so I wouldn't base my future on the quirks of a traffic mishap.The fact as you admit you needed connections to obtain justcie says a lot.

[endure]

I think a lot will depend on whether you apply through the ACPO or the CRB for your backround check.

For someone applying for their own Crininal record check through an agent of the CRB will not have spent convictions disclosed, they will show as "No live Trace".

"No Live Trace" being that there are convictions that have been removed, if for example you wish to migrate to America/Australia you would be required to produce court documentation to show what these were.

If you apply through the ACPO, then a different criteria is applied and it could take 30 years for these to be "Stepped Down" and disappear off your records.

So for permanent residency a lot will depend on whether you need to provide an ACPO certificate or a CRB certificate.

An individual does not aply for CRB

A potential employer does it for screening

I have one as I work at Unis

They only apply for 12 months and take long time .

Anyone in the UK can apply for a basic disclosure and they reckon to take 14 days in 90% of cases.

http://www.disclosurescotland.co.uk/

[DonW]

Dopne basic self applied disclosures and enhanced CRB through work - all show up. Going to cuonsult a good Brit Lawyer - thanks Gents.

Mishaps? <deleted> me, could you trivialise it any more?