I know that same sex marriage is not yet legal in Thailand, but does anyone have any knowledge or experience of applying for a Thai spouse visa when the Thai/faring same sex couple are legally married in the farang’s country?

I am a UK gay male legally married to my Thai partner in UK. I gave up my retirement visa back in February (pre covid situation). I had planned to switch to another, less expensive option. Now the pandemic has changed everything. But I wonder if I might have any success with a spouse visa in Thailand. I don’t intend to do this until August 2021, when perhaps the world may be a bit different, and travel and immigration less restrictive.

I have heard that some Thai embassies and consulates in some countries will accept such visa applications based on same sex marriage. And what about applications within Thailand?
Any thoughts?

Thailand does not recognize same sex marriages for visas or extensions of stay.

2 hours ago, itgilman said:

I have heard that some Thai embassies and consulates in some countries will accept such visa applications based on same sex marriage

Could you expand on that?

4 hours ago, orchis said:

Could you expand on that?

I was told by a source I respect that it was possible for a farang in a same sex marriage with a Thai could apply to the Thai consulate in Savannakhet, Laos or in Ho Chi Min City, Vietnam for a 1 year Multiple Entry Non Imm O visa for reason of marriage. Marriage certificate would need to be shown.

I have currently no way of verifying if this is correct.

17 minutes ago, itgilman said:

I was told by a source I respect that it was possible for a farang in a same sex marriage with a Thai could apply to the Thai consulate in Savannakhet, Laos or in Ho Chi Min City, Vietnam for a 1 year Multiple Entry Non Imm O visa for reason of marriage. Marriage certificate would need to be shown.

I have currently no way of verifying if this is correct.

It is not correct.

If you find an unusually sympathetic embassy/consulate, it is possible (unlikely) you might get a Non O visa 'to visit Thai family or friends', what used to be called a social visa. This visa type is still on the books, but rarely issued today except to opposite sex spouses of  Thais, or those with Thai children. I have heard rare accounts in recent years of this visa type being issued to others in exceptional circumstances.

I would get your partner to enquire and get a positive ruling at a Thai senior level,  just to make sure , however,  Ubonjoe answered your question. 

Edited December 12, 20205 yr by chainarong

 

Some 20 years ago or so there was a story in a Pattaya local newspaper I recall about an 'Italian guy' who married a Thai girl and took her back to Italy.... It was 3 years later that the Italian learned that his Thai wife was born as a 'boy' (A LADYBOY WITH SURGERY CONVERSION) and he wanted a divorce.... It was in the news......

It may not solve your problem but is may be worth a smile......

1 hour ago, kensawadee said:

 

Some 20 years ago or so there was a story in a Pattaya local newspaper I recall about an 'Italian guy' who married a Thai girl and took her back to Italy.... It was 3 years later that the Italian learned that his Thai wife was born as a 'boy' (A LADYBOY WITH SURGERY CONVERSION) and he wanted a divorce.... It was in the news......

It may not solve your problem but is may be worth a smile......

I call BS on this one, His Thai ID would say MALE, In Thailand if you are born a male you stay one, surgery or not. He could not have been married to a man in Thailand using his ID.

Edited December 13, 20205 yr by brianthainess

That would pose an interesting dilemma for the Thai Immigration authorities considering that there are different rules for foreign biological men married to Thai biological women and foreign biological women married to Thai biological men.

 

Foreign biological women married to Thai biological men are under a set of rules that makes it easy for them to remain in Thailand as a family unit without worrying about being kicked out as they don't fall under that same parameters that foreign biological men married to Thai biological women are required to follow.  One slip up and Thai immigration has no problem tossing a foreign man out of the country and destroying the foreign man-Thai woman family unit.
You don't hear stories here of Immigration tossing out a foreign woman out of the country and destroying the Thai man-foreign woman family unit.

Now - where would Thai immigration place the foreign partner of a same-sex couple?  That would pose a significant difficulty for Thai immigration that I believe they would rather not address.

Personally I  don't care who is married to whom or under what circumstances as long as the marriage is legal.  I just think the Thai immigration rules should apply equally across the board without discrimination.  And personally I think same-sex marriages should be granted immigration status.  It's a marriage!

Edited December 13, 20205 yr by connda

The marriage must be registered in Thailand to get a visa as a spouse of a Thai citizen. Focus on registering your marriage in Thailand.

18 hours ago, brianthainess said:

I call BS on this one, His Thai ID would say MALE, In Thailand if you are born a male you stay one, surgery or not. He could not have been married to a man in Thailand using his ID.

Agree, also the Italian guy would have been the one who did all the paperwork for getting married and getting a visa for his wife, so he would have made copies of his wife's birth certificate and Thai ID and had translations done. 

 

BTW: I first heard this story back in the 1980s, so it's an old one that's been floating around for decades.

20 hours ago, brianthainess said:

I call BS on this one, His Thai ID would say MALE, In Thailand if you are born a male you stay one, surgery or not. He could not have been married to a man in Thailand using his ID.

I was only reporting an article I remember from long ago...... Too late to question it now..... Sorry if i messed up your day, I did not intend to......I hope you can forgive me.......

22 hours ago, kensawadee said:

 

Some 20 years ago or so there was a story in a Pattaya local newspaper I recall about an 'Italian guy' who married a Thai girl and took her back to Italy.... It was 3 years later that the Italian learned that his Thai wife was born as a 'boy' (A LADYBOY WITH SURGERY CONVERSION) and he wanted a divorce.... It was in the news......

It may not solve your problem but is may be worth a smile......

That cannot be true as the passport and ID would show a boy, that cannot be altered by reassignment surgery. therefore the 'marriage could not be legal in any sense.  As to him not knowing, really?? 

2 hours ago, TSF said:

Agree, also the Italian guy would have been the one who did all the paperwork for getting married and getting a visa for his wife, so he would have made copies of his wife's birth certificate and Thai ID and had translations done. 

 

BTW: I first heard this story back in the 1980s, so it's an old one that's been floating around for decades.

Yes... so you also recall the story in a Pattaya newspaper (long ago).... ANYWAY whether true or not........ I just contributed the post as 'food for thought' and I apologize if i screwed up anybody's day....

10 minutes ago, Pilotman said:

That cannot be true as the passport and ID would show a boy, that cannot be altered by reassignment surgery. therefore the 'marriage could not be legal in any sense.  As to him not knowing, really?? 

I just read the article.... as verified by one other poster above...... Were you there? did you see it? TIT.... I didn't say that I had seen it, just that it appeared in the news years ago,,,, and with all the visa stuff and the Italian's possible 'attention'.... who knows 'if you weren't involved.... You can say what you will at this late date... BUT I had no 'Ill intent' and as only posting a recollection from the past....

1 minute ago, kensawadee said:

I just read the article.... as verified by one other poster above...... Were you there? did you see it? TIT.... I didn't say that I had seen it, just that it appeared in the news years ago,,,, and with all the visa stuff and the Italian's possible 'attention'.... who knows 'if you weren't involved.... You can say what you will at this late date... BUT I had no 'Ill intent' and as only posting a recollection from the past....

I don't know why you posted it, as neither the Italian nor the Thai were gay. Might get a laugh in the Pattaya forum. 

5 minutes ago, kensawadee said:

I just read the article.... as verified by one other poster above...... Were you there? did you see it? TIT.... I didn't say that I had seen it, just that it appeared in the news years ago,,,, and with all the visa stuff and the Italian's possible 'attention'.... who knows 'if you weren't involved.... You can say what you will at this late date... BUT I had no 'Ill intent' and as only posting a recollection from the past....

Please yourself mate, its impossible, end of. This needs to be pointed out to other readers,  who may not be in the know and therefore mislead by the article you quoted. 

Edited December 14, 20205 yr by Pilotman

I'm surprised to see this thread is still alive - Ubonjoe answered the OP a few days ago.

3 minutes ago, Pilotman said:

Please yourself mate, its impossible, end of. 

I am pleased.... Thank you for your best wishes... great of you 'mate'

5 minutes ago, 2530Ubon said:

I'm surprised to see this thread is still alive - Ubonjoe answered the OP a few days ago.

And I have 'utmost respect' for Ubonjoe .... I have always respected him and his contributions........

You should contact Warren Gerdes. He’d be able to answer all your questions. 

5 hours ago, Kraig62 said:

You should contact Warren Gerdes. He’d be able to answer all your questions. 

Why? Warren Gerdes is well documented to be with a ladyboy, and is not married. His visa is a non o extension based on retirement.

UbonJoe has answered the question clearly and correctly already.