New: Criminal background check consent for extension of stay

[think_too_mut]

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/349126/DBS_guide_to_eligibility_v6.pdf[/url]

I am talking about HR of companies (like IBM, Oracle, HP,...) telling in job ads they will do background checking on candidates.

Then google someone out being a participant in some sex tour in Cambodia and he is done with that job.

And I'm talking about proper criminal record checks rather than doing a bit of fishing on Facebook.

What I am saying is actually even bigger problem: someone may google out something and that may cost you visa extension as it did cost some people in the West their jobs when someone of coworkers ran their name through searches.

Remember that guy 5-6 months ago who took Google to Court to remove his name from search results with some 15 years old case where he got into trouble with IRS about tax on some sold property? He was popping up in every search and could not conduct normal life, everybody knew he had problems with law.

If found out by mickey-mouse methods, one may try argue with Thai Immigration officer that a young girl in the picture he had found on the net was actually daughter of another guy in the photo, nothing to do with him. You get the drift?

Edited September 11, 2014 by think_too_mut

[dunque]

People can lie on the form especially those from countries that have strong Data Protection Laws like the UK. Therefore a better way to rid Thailand of the criminals would be to ask them for a Police Criminal Report from their home country.

I think yu will find that the Data Protection Act will not apply to applications made between Interpol member police forces - Thailand is a member of Interpol, and Interpols charter states

<<Article 10: Purposes of international police cooperation

(1) The processing of data in the INTERPOL Information System may only be carried out for a given, explicit purpose which is in conformity with the Organization’s aims and activities.

(2) Data shall be processed in the INTERPOL Information System for at least one of the following purposes: (a) to search for a wanted person with a view to his/her detention, arrest or restriction of movement; ( to locate a person or an object of interest to the police; © to provide or obtain information related to a criminal investigation or to the criminal activities of a person; (d) to warn of a person, an event, an object or a modus operandi related to criminal activities; (e) to identify a person or a dead body; (f) to carry out forensic analyses;

(g) to carry out security checks; (h) to identify threats, crime trends and criminal networks. >>

I think a background check for immigration purposes would be covered by this.

Administrative inertia would appear to be one's only hope here.

[MobileContent]

It always seemed strange to me that if you apply for a retirement visa in your home country, you have to provide a police record to the embassy.

But if you apply here in Thailand then it's not needed.

Maybe they'll also tighten up on retirement applicants/extensions if the original visa wasn't obtained at home with a police record already provided.

Correct - I noted a German guy at the Thai Embassy and he had to supply a Polizeiliches Fuehrungszeugniss and not older then 60 days. Besides they wanted to see in his bank account 20,000 Euros for an O-A or an official person letter.

In regards to a criminal check, good move forward.

[think_too_mut]

I think a background check for immigration purposes would be covered by this.

Not a squat would be covered with what you quoted.

Actually, it would - if there is an Interpol Warrant for the person in question. Not our average John Doe residing in Ubon and extending his retirement visa.

[belg]

1) it has not been announced officialy

2) if in thai only, never sign what you don't understand, if it is not in english, do not sign

3) if it is mandatory, no problem, no criminal record anyway, but what if they start charging for it

just my 20 satang

Edited September 11, 2014 by belg

[craigp]

It will be interesting to know if anyone else comes across this when doing their extensions.

[Amusements]

I have just been granted an extension based on marriage. I had some minor brushes with the law along time ago for silly things in the UK as an adolescent . Makes me worry a little for the next extension if this is correct, however, I'm in the north, and only 1 month ago did the extension and there was no such questions about any criminal checks..

I wonder what the implications will be, if any.....(depending on the crime and when the crime was committed)

It depends what you did?

I expect you have nothing to worry about. In 2013 (29th of May) there was a big clean up of certain types of criminal records in the UK, and you may possibly have a clean record now?

There are lots of new clippings about this IE:http://www.express.co.uk/news/uk/387148/Minor-offenders-have-records-wiped and there are a couple of government PDF files somewhere listing offences that stay on your record for life. Do a search for them, as I cant remember where I read them now.

[greenchair]

People change. They should not have to pay all their lives.

[sgtsabai]

During my tenure as a certified/commissioned law enforcement officer we could run 48/49-wants and warrants, not a full criminal record check. That could be done, but not by the average officer, with the coming of the police state in the US that has probably changed with computers in every vehicle puking out when you spit on the street as a 6 year old. I had some law enforcement friends in "higher places" run a criminal history check on me when I was preparing to enter the NM Law Enforcement Academy, as I'm sure the Academy did. My law enforcement friends knew of my past, they told me no problem on a local/state level, forget about ever getting a federal job, there will be more bells and flags popping up than you can imagine, they were correct. My criminal history print out is probably a couple of inches thick, no convictions and all for political activism with a stint as a political prisoner until the US Supreme Court freed me. When I applied for my O-A visa I had to provide a clean bill of health from the local Sheriff/Police Dept. No problem, I've got a clean bill of health, but a criminal history a mile long. Don't ever think that in the US that even if the court "expunges" your record it is really done. Especially under the present circumstances here does anyone think I or anybody else in my situtation would want the Thai Immigration people who don't have a clue as to why I was a political prisoner to see my full criminal history? I can assure you there are others here in the same boat. Long time until I have to do my extension again, maybe things will slack off by then.

[MAJIC]

In the UK they have no authority to make criminal record checks except in very specific circumstances. You can't just do a criminal record check on anybody you please.

In the UK if applying for a job needs your permission for a CRB check,then you will have to sign a form with your agreement!

Of course anyone not agreeing to the check, will not be considered for the job!

[NoshowJones]

In the UK they have no authority to make criminal record checks except in very specific circumstances. You can't just do a criminal record check on anybody you please.

When I first applied for a B visa in the UK about eight years ago. I had to get a criminal record check myself from the police, and it took 40 days before I got it, all clear of course.

[swissie]

May I ask:

Who is going to have to procure the criminal record from the home country and who is going to pay for it? = The Farang.

Who is going to pay DHL to ship the original document to Thailand? = The Farang.

Who is going to pay for the translation of the document (by an embassy approved) translator? = The Farang.

I can top it. Why not repeat this circus whenever an new extension is due?

Cheers.

Nonsense

Read the OP where it is stated the form said that you grant permission for immigration to to do the check.

Thai-Immigration will do very little actual checking on swiss-guys. Even years ago the fee was CHF 40 (1300 Bht). So, who is going to pay for that? Thai-Immigration?

Cheers.

[NoshowJones]

I will happily sign such a form. I suspect the beach-bum pothead scumbags might run for Cambodia .... Good riddance!

Be careful, there are some innocent people in the UK with a criminal record, juries and judges are only human and can make mistakes.

[chrisinth]

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I have just been granted an extension based on marriage. I had some minor brushes with the law along time ago for silly things in the UK as an adolescent . Makes me worry a little for the next extension if this is correct, however, I'm in the north, and only 1 month ago did the extension and there was no such questions about any criminal checks..

I wonder what the implications will be, if any.....(depending on the crime and when the crime was committed)

Should be OK for the next 11 months or so.....................

On a serious note though, you have raised a good point for those who have had silly brushes with the law (and already paid the price for it) in their younger years or have been involved in silly split second decisions where attention has been brought upon them.

Should that follow you for the rest of your lives? And for those that still believe your record is wiped clean after X years, I would just like to say, maybe on that database.

[justjoined]

During my tenure as a certified/commissioned law enforcement officer we could run 48/49-wants and warrants, not a full criminal record check. That could be done, but not by the average officer, with the coming of the police state in the US that has probably changed with computers in every vehicle puking out when you spit on the street as a 6 year old. I had some law enforcement friends in "higher places" run a criminal history check on me when I was preparing to enter the NM Law Enforcement Academy, as I'm sure the Academy did. My law enforcement friends knew of my past, they told me no problem on a local/state level, forget about ever getting a federal job, there will be more bells and flags popping up than you can imagine, they were correct. My criminal history print out is probably a couple of inches thick, no convictions and all for political activism with a stint as a political prisoner until the US Supreme Court freed me. When I applied for my O-A visa I had to provide a clean bill of health from the local Sheriff/Police Dept. No problem, I've got a clean bill of health, but a criminal history a mile long. Don't ever think that in the US that even if the court "expunges" your record it is really done. Especially under the present circumstances here does anyone think I or anybody else in my situtation would want the Thai Immigration people who don't have a clue as to why I was a political prisoner to see my full criminal history? I can assure you there are others here in the same boat. Long time until I have to do my extension again, maybe things will slack off by then.

Great post.

There are plenty of ppl who got caught smoking a bit of dope in their youth who have gone on to become productive citizens. It's horrible to think that decades later this could prevent them from getting a retirement visa. Yet we still here cheering for background checks.

[NoshowJones]

I have just been granted an extension based on marriage. I had some minor brushes with the law along time ago for silly things in the UK as an adolescent . Makes me worry a little for the next extension if this is correct, however, I'm in the north, and only 1 month ago did the extension and there was no such questions about any criminal checks..

I wonder what the implications will be, if any.....(depending on the crime and when the crime was committed)

It used to be the case in the UK that if you had any minor offenses, the slate was made clean after four years. It may still be the case.

[SurinBeach]

I THINK I got the same form in Phuket today when applying for my Dependent Visa extension....

I say think cos after 3 days backwards and forwards to Immigration I was happy to just sign anything but it did mention things about criminal records etc etc

[NoshowJones]

People change. They should not have to pay all their lives.

I agree, except in cases of rape or offenses against children, sex or otherwise.

[jacky54]

I appreciate what they do, we don't want criminal minded people around us. You should not be worried if innocent .

Not just black and white though is it. While we don't want bank robbers and perverts here, what about a youthful appearance in court for a spliff or two 40 years ago or a few motoring offences in the 1980's? do they mean deportation as well?

Edited September 11, 2014 by jacky54

[jpinx]

Has this requirement been confirmed as officially implemented in all immigration offices?

[chrisinth]

Criminal background checks are OK and shouldn't worry too many people.

Better than the 3 week debriefing after leaving the special forces. MI6 can be bitches!

But I was never concerned too much about myself, more concerned about the wife with her ethnic hi-so Chinese background. Especially in her last year of university.

[animatic]

Baby shot in the head,

granny with a drugs conviction shot in both hands and both legs,

and they are worried about vacationing people applying for visa extentions legally.

Clean up your own house before waving the red flag at all others.

[Jingthing]

Has this requirement been confirmed as officially implemented in all immigration offices?

No!

Sent from my Lenovo S820_ROW using Thaivisa Connect Thailand mobile app

[carter1882]

Seems perfectly reasonable. Those who have done permanent residence have had criminal background checks and fingerprinting so why shouldn't people intending to stay here long term. In reputable schools there of course is the requirement for a criminal background check at least from the country of origin. This has gone some way to ridding the international schools of paedophiles fleeing justice and sneaking into work in Thailand. One major international school here harboured two internationally wanted suspected paedophiles within quite senior positions in its ranks for several years from 1998 to around 2002/3. One was finally extradited to South Australia to face justice but was eventually let go, found his way to Libya where he was murdered. The other thought he was safe returning to the states on holiday after around fifteen years outside his birthplace. He was arrested on arrival at the airport and swiftly jailed for four years for offences committed in 1991 at a holiday camp.These sort of cases are less likely to happen these days thanks to greater vigilance from the Thai authorities. To be as vigilant for anyone seeking long term residence here seems eminently sensible.

[MrWorldwide]

Bring it on.

[think_too_mut]

If it is true, I still beleive it is "background check", authorizing them to sift through the net and use if they think they have found domething suspicious to call the person to explain. Not going through requests to foreign government bodies to supply any information on that person, unless on the Interpol list for arrest. Not many like that anyway.

I would love to see how they go about checks on Ruskies mafia and scammers.

Edited September 11, 2014 by think_too_mut

[OJAS]

People can lie on the form especially those from countries that have strong Data Protection Laws like the UK. Therefore a better way to rid Thailand of the criminals would be to ask them for a Police Criminal Report from their home country.

That would be much more burdensome for some.

How could you possibly know what that would involve for people from different countries who are ALREADY HERE?!?

Applying for extensions, many of us have been here for many years, or even decades.

Many of us have no connections back in home countries anymore.

Not recognized by any local police authority.

Don't you realize that might force people to take special trips just to get a form, if even possible?

It's very annoying when foreigners suggest policies that would be VERY unfair, impractical, and onerous to their fellow foreigners.

Kind of Stockholm Syndrome actually.

It's refreshing to hear that Thai immigration is thinking along much more REASONABLE lines about this!

Not to mention how police reports obtained from home countries could, in practice, possibly pick up crimes committed in LOS by longstayers!

Edited September 11, 2014 by OJAS

[OJAS]

In the UK they have no authority to make criminal record checks except in very specific circumstances. You can't just do a criminal record check on anybody you please.

This a new one on me. Are you really suggesting that individual police officers need to obtain explicit permission from senior officers or even the courts before they can routinely access their own computerised rogues' gallery database?

No I'm not suggesting anything of the kind. Of course individual UK police officers can check criminal records.

I'm saying that those who aren't a part of the British justice system need specific well defined reasons to access the criminal records of those they are interested in. That would include immigration officers of foreign countries.

But clearly not officials at the Royal Thai Embassy in London, though! One of the requirements for applying for an OA visa there is the provision of a Subject Access Disclosure (a criminal record check in plain English) obtained from your local police force. I can vouch for this on the basis of personal experience!!

[digitalchromakey]

Did My Last Extension based on being married and working here in Phuket last month.

Had to sign the acknowledgement of penalties for over stay from and another form which stated that I had not been previously convicted of any criminal offence in Thailand and that I was not currently subject to any criminal charges.

This is not the same as consenting to a background criminal record check and is within the current scope of the Thai Immigration laws as regards extensions of permission to stay.

[OJAS]

I have just been granted an extension based on marriage. I had some minor brushes with the law along time ago for silly things in the UK as an adolescent . Makes me worry a little for the next extension if this is correct, however, I'm in the north, and only 1 month ago did the extension and there was no such questions about any criminal checks..

I wonder what the implications will be, if any.....(depending on the crime and when the crime was committed)

It used to be the case in the UK that if you had any minor offenses, the slate was made clean after four years. It may still be the case.

Don't think it ever was in the first place. Google "expunged records UK".