criminal record and a retire visa

[Impulse]

Does anyone know if one will be denied a retirement visa with a criminal record.I live in the U.S and was arrested for assault and disorderly conduct.Id like to retire in Thailand as my pension will be about 28k in U.S dollars.This is my only conviction I have recieved,and Im really a nice guy.Would a good lawyer be able to help me with this or are their rules written in stone?

[Dick]

I read it once, I think from the excellent blurb/extracts on ThaiVisa's web pages. A clean record is listed as one of the requirements for the 'retirement' visa. I'll leave you to check it for yourself. As to a lawyer negotiating to have any past convictions overlooked, I would be mindful the extent to which Thai society/culture abhors aggressive, violent or unruly behaviour. At the end of the day, I suppose it all depends on how much you are willing to offer as an inducement or gratuity to achieve a result.

Qualifications for the Applicant for a Retirement Visa

1. A non-Thai being 50 years of age and above (on the date of submitting an application)
2. Not being a person prohibited from entering Thailand
3. Having no criminal record against the security of Thailand and the country of his/her nationality, or the country of his/her residence

I guess you'd have to see what the relevant Thai consulate think

How long ago was your offence committed?

In some countries they have a "spent convictions" law - where it doesnt count against you after x number of years

[jvt22222]

................ when I applied for my retirement visa several years ago, there was no police clearance involved at any step along the way. Likewise, every year when I renew my retirement visa, there continues to be no such check.

No police report required if applying for an O extension based on retirement IN Thailand.
It IS required if applying for an O-A in the US or the UK.
That said, if you had something serious on your record or worse were wanted for something serious, I wouldn't be shocked if they sniffed that out even if applying in Thailand.

[2lz2p]

I agree with the comments by Thaiquila. I initially obtained a multiple entry non-immigrant "O" visa from the honorary Thai counsel in Texas, as I wanted to live in Thailand for a few months to determine if really wanted to live here. So, I did not apply for the "O-A" visa in the US. After 6 months, I did apply for the "retirement" extension at Pattaya Immigration. When applying in Thailand, there is no request for a "police record" letter -- I had one, just in case, but it was never requested. A good friend living here applied for the "O-A" visa in the USA -- he did have to provide such a letter. He also had to provide documentation to show his financial capability (income and/or cash). For American Citizens applying in Thailand on the basis of income or a combination of cash/income, you will need a letter from the US Embassy American Citizens Services (ACS). The ACS notarizes your sworn statement as to income (no proof is required), which is accepted by Thai Immigration (cost is $30 USA for notary service and they use a form letter for this purpose).

I would suggest that you obtain a non-immigrant visa - fairly easy to obtain from an Honorary Counsel - not so easy from the Thai Embassy or official counsel (Chicago and Los Angeles). The Thai Embassy web site lists all the counsulates - official and honorary. For each consulate or honorary counsel, it denotes which should be used based on State of residence. However, another friend that has not reached age 50 uses the honorary counsel in Houston, Texas even though based on his State of residence, he should apply at the New York (official) consulate.

[TrongpaiExpat]

First, I would go to your nearest police station and request your criminal history and see if it's been reported. Typically, NCIC (National Crime Information Computer) does not record misdemeanors. All states now have a secondary State system that does but only for that state. Each state has different rules and each state went digital at different times. A lot of data was lost in the transfer to digital.

I am not sure that they want both NCIC and the state record. Some state records put all sorts of disclaimers, such as the records may not reflect data prior to 1970 and for a more accurate check please submit a print card and letter to......

When I went to the Counsel I had three forms of criminal histories and the lady said that she had never seen such documention before and did not know that there are different data banks. I got the impression that an NCIC check was sufficent.

The big problem I had was the medical. My insurance plan did not cover visa medicals and I had to pay. The doctor felt the need to do blood tests for every condition listed in the medical form. The tests took forever and was expensive

would be the best advice. Don't even mention it.

If applying for the extension based on retirement IN Thailand, the medical requirement can be taken care of for a nominal amount of baht, and no tests.

[Smiles]

" ... would be the best advice. Don't even mention it ... "
You can't "not mention it" The verification requires a special form from the police (or whoever provides these things) and notorized.

As mentioned above by Thaiquila, the only way around the police report is by upgrading to the Non-Immigrant Type 'O-A' visa from a "regular" Type 'O' while you are already in Thailand under the latter. (Not sure if you can upgrade to a Type 'O-A' from a normal tourist visa ... maybe someone here knows). Applying for the Type 'O-A' directly from a Thai Embassy or Consulate in your home country will require a police report to make it a proper and complete application.


NON-IMMIGRANT VISA "O-A" (LONG STAY) - visa for retired persons ( http://www.mfa.go.th/web/12.php#Type )

This type of visa will be issued to applicants aged 50 years or above. Holders of this type of visa will be permitted to stay in Thailand for one year and may not work while staying in Thailand.[/*:m:3lq8onbp]

I. QUALIFICATION OF THE APPLICANT

Having no criminal record against the security of Thailand and the country of his/her nationality, or the country of his/her residence. [/*:m:3lq8onbp]
II. REQUIRED DOCUMENTS FOR VISA APPLICATION


A passport with validity not less than 18 months ┬╖ [/*:m:3lq8onbp]
Three copies of visa application form duty filled out. ┬╖ [/*:m:3lq8onbp]
Three passport-sized photos of the applicant taken within the past six months. ┬╖ [/*:m:3lq8onbp]
A personal data form ┬╖ [/*:m:3lq8onbp]
A copy of bank statement showing a deposit at the amount equal to not less than 800,000 Baht or an income certificate (an original copy) with a monthly income of not less than 65,000 Baht, or a deposit account plus a monthy income totalling not less than 800,000 Baht. ┬╖ In case of the bank statement, a letter of guarantee from the bank (an original copy) is to be shown as well. ┬╖ [/*:m:3lq8onbp]
Verification stating that the applicant has no criminal record issued from the country of his/her nationality or residence (the verification shall be valid for not more than three months and should be notarized by notary organs or the applicantтАЩs diplomatic/consular mission). [/*:m:3lq8onbp]
A medical certificate issued from the country where the application is submitted, showing no prohibitive diseases as indicated in the Ministerial Regulation No.14 (B.E. 2535) [/*:m:3lq8onbp]

Cheers ...

Just a technical quibble: there is no O-A visa available within Thailand. What you get within Thailand is an extension-of-stay of your Non-Immigrant O visa to 12 months, for the reason of retirement, renewable annually. The O-A is only available from within your home country before you enter Thailand.

You can convert to a Non-Immigrant O visa from a Tourist Visa within Thailand.

What is now in doubt, however, is whether you can still change from the 30-day passport stamp to a Non-Immigrant O visa like you could in September. "Rumor had it" that that was only an exception up until October 1. I did change from a 30-day passport stamp to Non-Immigrant O and then got the retirement extension of stay last month.

[Impulse]

Thanks for the helpful replies.The arrest was last week,however its possible to get it removed after one year of counseling.It was considered a misdomeaner arrest.I guess at worst i can obtain a non-Immigrant O visa in Thailand and renew it every 12 months.

Thanks for the helpful replies.The arrest was last week,however its possible to get it removed after one year of counseling.It was considered a misdomeaner arrest.I guess at worst i can obtain a non-Immigrant O visa in Thailand and renew it every 12 months.
I would recommend NOT applying for an O-A visa in the US to anyone!
Get a single entry O visa based on "looking into retirement in Thailand" from a friendly consulate and then apply for the extension 2 months after entering Thailand on that visa. The only good reason for anyone to get an O-A is if for some reason they don't want to send the 800K baht over right away, with an O-A you get the year from the US and UK and don't have to show money until you go for another year extension.

I think had rocket initially provided the information he has now provided (ie. the offence was last week) many people may not have answered, or at least answered differently. The following post on Thaivisa was mentioned by someone else is this Forum recently - http://www.thaivisa.com/forum/index.php ... 84738&st=0 (http://www.thaivisa.com/forum/index.php?showtopic=84738&st=0)

Another reason why you might want to get the O-A visa in your home country before entering Thailand: you can do so at a leisurely pace (sometimes mailing the passport/documents) without making trips to the embassy in Bangkok and Thai bank and hospital/doctor in tropical heat. Seems trivial, perhaps, but for someone who is in more advanced years, it could be more relaxing to do it in the motherland. (Also can eliminate a trip to BKK for those living upcountry.)

That said, I got mine in Thailand. :-)