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In about two months, same sex marriage will be legally recognized in Thailand. I have read several news reports and watched some clips from BBC news and others, but none of them mentioned immigration.  

Will a foreigner be able to obtain a non-immigrant visa and subsequent extensions based on their same-sex marriage to a Thai national?

I heard from a very reliable source that Thai Government entities will meet in late January to begin to hammer out the particulars of implementing the new law.  That said, as the intention of the law seems to be full recognition, it seems certain that the answer to your question is yes.

11 minutes ago, rattlesnake said:

Definitely, the visa and extensions are issued based on a marriage to a Thai national, not a Thai national of the opposite sex.

Not really related to the issue at hand here but a little known fact in the Thai Immigration requirements.

> When applying for the Non Imm O Visa or its 1-year extension for reason of marriage to a Thai national, it DOES matter for Immigration whether you are a man marrying a Thai national, or a woman marrying a Thai national.  Men marrying Thai ladies need to comply with the financial requirements (400.000 THB on a personal Thai bank-account for the required period) for such application, but foreign ladies marrying a Thai man do NOT need to meet any financial requirement when applying for their Non Imm O Visa/extension.  

  • Like 2
29 minutes ago, BlueSphinx said:

Not really related to the issue at hand here but a little known fact in the Thai Immigration requirements.

> When applying for the Non Imm O Visa or its 1-year extension for reason of marriage to a Thai national, it DOES matter for Immigration whether you are a man marrying a Thai national, or a woman marrying a Thai national.  Men marrying Thai ladies need to comply with the financial requirements (400.000 THB on a personal Thai bank-account for the required period) for such application, but foreign ladies marrying a Thai man do NOT need to meet any financial requirement when applying for their Non Imm O Visa/extension.  

Correct indeed.

  • Like 1
5 hours ago, rattlesnake said:

Definitely, the visa and extensions are issued based on a marriage to a Thai national, not a Thai national of the opposite sex.

I disagree.

Extensions are based on either retirement, or being a family member of a Thai national, such as sons, daughters, spouses. A spouse could be either male or female.

Why do you think it would only apply to those with a Thai wife, as opposed to a Thai husband? In either case, they are Thai spouses.

  • Confused 1
1 hour ago, Liquorice said:

I disagree.

Extensions are based on either retirement, or being a family member of a Thai national, such as sons, daughters, spouses. A spouse could be either male or female.

Why do you think it would only apply to those with a Thai wife, as opposed to a Thai husband? In either case, they are Thai spouses.

You need to reread my post.

  • Like 2
1 hour ago, rattlesnake said:

You need to reread my post.

This one?

8 hours ago, rattlesnake said:

Definitely, the visa and extensions are issued based on a marriage to a Thai national, not a Thai national of the opposite sex.

Thai Embassies nor Immigration make no reference to the female or male gender, only to that of a 'spouse'.

Once the Thai government recognise same-sex marriages, then regardless of gender, if your spouse is a Thai then you will be able to apply for the Visas and extensions on the basis of being the family member of a Thai national.

10 minutes ago, Liquorice said:

This one?

Thai Embassies nor Immigration make no reference to the female or male gender, only to that of a 'spouse'.

Once the Thai government recognise same-sex marriages, then regardless of gender, if your spouse is a Thai then you will be able to apply for the Visas and extensions on the basis of being the family member of a Thai national.

And that is exactly what I said.

  • Like 1
On 11/29/2024 at 11:48 PM, rattlesnake said:

And that is exactly what I said.

Apologies, got it now.

@BlueSphinx raised an interesting fact, which I feel is relevant.

On 11/29/2024 at 3:11 PM, BlueSphinx said:

When applying for the Non Imm O Visa or its 1-year extension for reason of marriage to a Thai national, it DOES matter for Immigration whether you are a man marrying a Thai national, or a woman marrying a Thai national.  Men marrying Thai ladies need to comply with the financial requirements (400.000 THB on a personal Thai bank-account for the required period) for such application, but foreign ladies marrying a Thai man do NOT need to meet any financial requirement when applying for their Non Imm O Visa/extension.  

If same-sex marriages are legalised in Thailand, then how will the financial requirements apply to a male foreigner married to a Thai man, and that of a foreign female married to a Thai female.
At present, the only exclusion from the financial requirements is a foreign female married to a Thai man.

3 hours ago, Liquorice said:

Apologies, got it now.

@BlueSphinx raised an interesting fact, which I feel is relevant.

If same-sex marriages are legalised in Thailand, then how will the financial requirements apply to a male foreigner married to a Thai man, and that of a foreign female married to a Thai female.
At present, the only exclusion from the financial requirements is a foreign female married to a Thai man.

They will no doubt just tweak the existing rules. it's hardly rocket science. 

4 hours ago, Liquorice said:

Apologies, got it now.

No worries.

 

4 hours ago, Liquorice said:

@BlueSphinx raised an interesting fact, which I feel is relevant.

If same-sex marriages are legalised in Thailand, then how will the financial requirements apply to a male foreigner married to a Thai man, and that of a foreign female married to a Thai female.
At present, the only exclusion from the financial requirements is a foreign female married to a Thai man.

Yes, that's an interesting one.

I always assumed the logic was based on the Thai traditionalist view that men are supposed to be the breadwinners in a couple and therefore have the money. So who will be deemed to be the provider in a woman-woman couple?

Though I would not be surprised if they didn't overthink it and just kept it the way it is, i.e. men have to show money and women don't, regardless of who their spouses are.

  • Like 1

How each Province addresses this matter will be interesting and different.  When it is 'done' nationally recognised - may I suggest any 'couple' should check with the Immigration Office in the Province they live, plus also check before moving to any new Province.  No - Thailand's Immigration Police are not nationally uniform in their interpretation or application of the rules. I have dealt with them in 4 Provinces and they are all different in some ways. For something new like this, I recommend checking with them before lodging any application etc.

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