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Non-B Thai visa for teacher with criminal record?


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I have secured a job with an international school in Thailand.

 

I need to secure my Non-B Thai visa here in the UK before hopefully leaving for Thailand in August. Both myself and the school are worried because I have a criminal conviction from 2010 (Driving a motor vehicle with excess alcohol). I was young & stupid, not imprisoned, ban plus small fine.

 

I am an experienced teacher and have always disclosed the conviction via DBS with no issue. I have read conflicting information on Thai embassy websites including London. For example, required non immigrant type B (Teacher):

 

'A photo coy of certification of bachelor's degree or equivalent a photo copy of a Criminal record clearance certificate in the United Kingdom or Ireland (issued by the national police department not older than 6 months)'

 

My question is am I likely to be denied my visa due to this conviction? Are there black & white rules or does the granting of visas rely on the discretion of the particular official you deal with on the day?

 

I intend to travel to attempt to secure the visa as soon as possible as the situation is understandably quite stressful. Thanks

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I am hoping this will be the case although there seems no way of knowing. 

 

I am planning to attend the embassy in person, smartly dressed and with all relevant documentation. Lead with the letters of intent from my Thai employer and only present the DBS if requested to do so. Sound like a good approach?

 

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52 minutes ago, Hardgraf said:

I am hoping this will be the case although there seems no way of knowing. 

 

I am planning to attend the embassy in person, smartly dressed and with all relevant documentation. Lead with the letters of intent from my Thai employer and only present the DBS if requested to do so. Sound like a good approach?

 

I have a mate who lives here 

He was drunk around 2010 and he was charged with assault on the police 

He skipped the court and they didn't pursue it further and that's much worse than a spent dui but I guess they can't afford to extradite anyone thesedays........ 

 

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The Thai Consulate Hull states:

 

Copy of either:
ACRO Police Certificate
or
Disclosure & Barring Service (DBS) Certificate
which must show that the applicant has:
NO RECORDED CONVICTIONS, REPRIMANDS, WARNINGS, CAUTIONS OR IMPENDING PROSECUTIONS
Certificate must be no more than 6 months old

 

So I am rightly quite worried...

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OP  

 

One thing life has taught me in my 62 years is that all you can do is all you can do.

 

My 25 satang for what it is worth have all the paperwork they require.  Do not try to hide anything and be very upfront that it was a long time ago.  I would also have a few character reference type letters from the school you are at now and such stating that you have a strong character.  As you said dress smart, be polite to answer the questions and do not get frustrated or upset.  

Do your best I think if you have an offer from Thai school and they acknowledge your previous indiscretions and are a reputable school here that will go a long way to helping you.

 

LOTS OF LUCK

 

 

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7 hours ago, Hardgraf said:

So I am rightly quite worried...

I don't think you will have a problem. The are looking for more serious offenses than a drunk driving offense.

For teaching they are concerned with offenses related to child abuse and etc.

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In some EU countries, the official statement request must state the purpose it is asked for.
The application is then assessed with the goal in mind, hence a single DUI, when seasoned, would not be of influence for issuance of the certificate  for a school teacher, but you would not get the certificate of good conduct to be a bus driver.

""

Applicants (job candidates) can’t do a standard or enhanced criminal record check on themselves.

You will need to get an application form from the person who asked you for a DBS check. They’ll need to check your identity and countersign the application form.""
https://www.gov.uk/government/publications/dbs-application-forms-guide-for-applicants/dbs-application-form-guide-for-applicants

it seems the UK does have a similar approach ?
 

Edited by KKr
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25 minutes ago, ubonjoe said:

He needs this police certificate not a DBS check. https://www.acro.police.uk/police_certificates.aspx

It is issued specifically for visa applications "ACRO issues Police Certificates to people who want to emigrate to, or obtain a visa for, countries ".

For teaching non-B you need to produce a DBS which covers the same checks as the ACRO plus child safety concerns.

 

I have a DBS which produces the same conviction history as the ACRO. I have an old ACRO which shows the conviction but it is expired beyond the request of the Thai embassy.

 

Thanks for all your help. Fingers crossed!

Edited by Hardgraf
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8 minutes ago, Hardgraf said:

For teaching non-B you need to produce a DBS which covers the same checks as the ACRO plus child safety concerns.

The embassy website does not state a DBS is required. 

"A photocopy of a Criminal record clearance certificate in the United Kingdom or Ireland (issued by the national police department not older than 6 months)"

Source: http://www.thaiembassy.org/london/en/services/7742/84508-Non-Immigrant-visas.html

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7 hours ago, ubonjoe said:

The embassy website does not state a DBS is required. 

"A photocopy of a Criminal record clearance certificate in the United Kingdom or Ireland (issued by the national police department not older than 6 months)"

Source: http://www.thaiembassy.org/london/en/services/7742/84508-Non-Immigrant-visas.html

Yes it's esentially one of the same. I applied today, they have accepted all the relevant documents including the DBS with conviction and I will return tomorrow to either good or very bad news.

 

I don't have high hopes. On speaking with the school they believe that there is only an outside chance of the visa being granted and even if it is they will face the obstacles of pursuing the work permit and visa extension once I am in the country.

 

They have suggested that Thai immigration have recently become much more stringent on applications from teachers with criminal records regardless of the nature or seriousness of the conviction.

 

If I'm denied tomorrow then think it'll be the end of the road...

Edited by Hardgraf
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8 hours ago, Hardgraf said:

They have suggested that Thai immigration have recently become much more stringent on applications from teachers with criminal records regardless of the nature or seriousness of the conviction.

Immigration does not ask ask for a police clearance to get an extension of stay. 

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12 hours ago, ubonjoe said:

Immigration does not ask ask for a police clearance to get an extension of stay. 

Great, thank you. 

 

So the Non-B visa for teaching has been granted!

 

When I spoke with the school prior to the visa application they voiced concern regarding the potential denial of work permit and or teaching licence (TCT ) further down the road despite the Non-B visa have being granted in this case. I have been unable to contact them as it is now late evening on a Friday in the Kingdom...

 

I have done some reading around the licence requirements and have only found reference to Professional ethics and

 

4. Not Possess any of the prohibited characteristics pursuant to section 44 of  the Teachers and Educational
    Personnel Council Act B.E. 2003
     • Having improper behavior or immorality
     • Being an incompetent or quasi-incompetent person
     • Having been sentenced to imprisonment in any case, in the opinion of the Teachers Council of 
        Thailand, which may bring dishonor upon the profession.

 

I have read the Teachers and Educational Personnel Council Act B.E. 2003. - Section 13 which basically states similar to the above

 

Prohibited characteristics

(3) Having a record of immorality, improper ethics or practice of the profession
(6) Having previously been sentanced to final judgement to imprisonment, except for penalties for offences commited by negligence or misdemeanors
(8) Having other prohibited characteristics as set out in the regulations of the Teachers Council of Thailand 

 

Section 44 states

 

(1) Having improper behaviour or immorality

(3) Having previously been sentenced to imprisonment in any case, this, in the opinion of the Teacher Council of Thailand, may bring dishonor upon the profession

 

So not suprisingly quite vague. Assuming this translates to serious crimes which led to imprisonment or convicted crimes which undermined the profession for example child sex offences?

 

Thanks

Edited by Hardgraf
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  • 2 months later...

Hello!

 

This is the exact same thing I am going through right now. I am a newly established TEFL teacher and have received a contract offer in Thailand, but I am also worried about obtaining a work visa as I have also had a DUI in 2010. Other than that just speeding tickets will be found on my record. You have since moved to Thailand and were able to get your work visa no problem? I’d like to connect with you.

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2 hours ago, Lisakoepfgen said:

Hello!

 

This is the exact same thing I am going through right now. I am a newly established TEFL teacher and have received a contract offer in Thailand, but I am also worried about obtaining a work visa as I have also had a DUI in 2010. Other than that just speeding tickets will be found on my record. You have since moved to Thailand and were able to get your work visa no problem? I’d like to connect with you.

Dui from 2010 is nothing to worry about ,relax

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  • 2 months later...
  • 1 month later...
On 12/1/2018 at 6:56 AM, Hardgraf said:

Hi all, no problems with visa or teaching license in the end so all good! :)

Hi I was wondering the same thing. I have an arrest but the charges were dismissed for pre trial intervention. Its from 2009. I was hoping it didn't give me an issue. There was no conviction and no pleading of guilt. Im sooo nervous.

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On 9/17/2018 at 8:43 AM, Lisakoepfgen said:

Hello!

 

This is the exact same thing I am going through right now. I am a newly established TEFL teacher and have received a contract offer in Thailand, but I am also worried about obtaining a work visa as I have also had a DUI in 2010. Other than that just speeding tickets will be found on my record. You have since moved to Thailand and were able to get your work visa no problem? I’d like to connect with you.

How did it work out for you? Did you notify the school of your DUI?

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  • 6 months later...

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