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Getting married to thai girlfriend in your home country


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Hi! 

I'm looking for info, ideally from EU posters, who got married to thai girlfriend in their home country (EU).

She will be coming to EU on a 3 month Schengen visa, as soon as these visas are being issued again.

Question - is it possible to register a marriage in home country while she's on Schengen visa and, more importantly, is it possible for her to get a permit to stay permanently in home country as soon as the marriage is registered? Or will she have to fly back to Thailand, get the permit and come back again?

Thank you!

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3 minutes ago, jackdd said:

In for example Germany, if married to a German, the spouse has the right to stay, they can't force the spouse out of the country anymore, so a trip back home would not be required.


If I understand EU rules correctly, the German authorities could not treat the spouse of a non-German EU national any differently.

Would be interesting to know if any other EU countries have the same rule.

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Now that I think of it, the spouses of EU nationals are always protected in other EU countries, in ways that they might not be in their own EU country.

For example, when the UK introduced ridiculously onerous minimum earnings rules on British citizens returning with a foreign spouse, the best option was often to go live in Ireland or France or any other EU country, where such rules could simply not apply.

EU rules also meant that that an Irish or French citizen could bring his Thai wife to live in the UK, as the earnings rules could not be applied to them.

Of course, that was all before Brexit, but would still apply to any EU national bringing his wife to any other EU country.

 

Edited by Poet
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On 6/10/2021 at 3:55 AM, Poet said:


If I understand EU rules correctly, the German authorities could not treat the spouse of a non-German EU national any differently.

Would be interesting to know if any other EU countries have the same rule.

 

For Germany (I have German citizenship) the rules are:

 

Eine Aufenthaltserlaubnis kann direkt nach der Eheschließung beantragt werden. ... Hält die Ehe drei Jahre und mehr, kann eine unbefristete Aufenthaltserlaubnis – auch als Niederlassungserlaubnis (unbefristete Aufenthaltserlaubnis) bezeichnet – beantragt werden, für die allerdings weitere Auflagen erfüllt werden müssen.

 

Translation:

 

A residence permit can be applied for immediately after the marriage. ... If the marriage lasts three years or more, you can apply for an unlimited residence permit - also known as a settlement permit (unlimited residence permit), for which additional conditions must be met.

 

As such, a permanent settlement permit (a "PR" as widely known) is given to the foreign spouse if the marriage is not dissolved within or before the first 3 years.

 

I also have Philippines and Seychelles citizenship. For the former, getting a spousal visa can be very involving. The latter made life easier for me and my wife as Seychellois citizens allows for visa-free travel to the EU.

 

 

Edited by mvdf
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I married a thai on a tourist visa in germany. This is no problem, but to get the national visa (vaild for 3 years in my case) my wife had to return to thailand after marriage to get an A1 german certificate and apply for the national visa at the german embassy in Bkk.

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As others have told you, it depend on your home comity.
In Denmark you can get married, but still have to go back to Thailand when her Visa run out (6 md,)
Remember you also have to register the marriage in Thailand. (as you have to register a marriage in Thailand, in your home country as well)
After you get married, you can apply for family reunion, but if you are from Denmark you are very unlikely to get it.
(Sweden and Germany is easier)
I am Danish, and now live in Thailand, as it is impossible to get my wife to Denmark.

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On 6/9/2021 at 8:41 PM, Requiem said:

Question - is it possible to register a marriage in home country while she's on Schengen visa and, more importantly, is it possible for her to get a permit to stay permanently in home country as soon as the marriage is registered? Or will she have to fly back to Thailand, get the permit and come back again?

It's depending of your home country, as only the 3 month visa is an EU/Schengen matter, whilst extensions. longer permission to stay, and permanent residency are local national matters. Some countries are said to be fairly easy to get permissions in, whilst others can be extremely difficult.

 

In my Danish home country the authorities some times deport Thai wives, as they are very strict about conditions for long term stay and permanent residency; a number of Danish men actually decided to move abroad, as it was too difficult to get residence permission for a wife, it's an ongoing procedure with - not often, but several times - new cases popping up in the national news. A solution some uses is to move to another EU country for a period of time where a wife to an EU-citizen is allowed to follow, and after living in EU for some time - I think to remember it's 6 month, but it might be longer - can the couple return under EU-regulations. Sweden and Germany are often used as temporary EU-countries by Danes to avoid strict national rules.

Edited by khunPer
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On 6/10/2021 at 3:01 AM, Poet said:

 

Now that I think of it, the spouses of EU nationals are always protected in other EU countries, in ways that they might not be in their own EU country.

 

Spot on.....married a Thai girl in 2006, I was a Brit living in Germany......Germans tried to prevent her coming to German but couldn't....why?......Because as a non-German living in Germany I come under EU law and they couldn't refuse.......If I were a German they could as I would come under German law........the same argument applied to the UK and the reason we couldn't live there.

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25 minutes ago, Jorgendk said:

As others have told you, it depend on your home comity.
In Denmark you can get married, but still have to go back to Thailand when her Visa run out (6 md,)
Remember you also have to register the marriage in Thailand. (as you have to register a marriage in Thailand, in your home country as well)
After you get married, you can apply for family reunion, but if you are from Denmark you are very unlikely to get it.
(Sweden and Germany is easier)
I am Danish, and now live in Thailand, as it is impossible to get my wife to Denmark.

Do you mean that the Danish government would not allow the legal wife of a Danish citizen to live in Denmark with her Danish husband? If this is the case the concerned Danes should take such cases to the EU human rights court, I am sure they would win the cases against their government, as the family life is enshrined in the EU constitution.

 

However, it is up to individual countries to impose terms (financial, language knowledge and the like), but the principle of family life must be adhered to.

 

As far as Germany is concerned I do know a good friend who brought his foreign GF to Germany on an EU tourist visa, got married in Munich and his wife was given a residence permit for 3 years, without having to return to her home country (Malasia). 

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2 minutes ago, abrahamzvi said:

As far as Germany is concerned I do know a good friend who brought his foreign GF to Germany on an EU tourist visa, got married in Munich and his wife was given a residence permit for 3 years, without having to return to her home country (Malasia). 

Was your friend German?

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39 minutes ago, abrahamzvi said:

as you have to register a marriage in Thailand, in your home country as well)

Maybe you do if you are Danish but many countries will recognise a marriage in Thailand.

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48 minutes ago, Surelynot said:

Was your friend German?

Yes, my friend is German and still lives in Germany with his wife of 2 years.

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When I was taking my Thai G/f to UK, I was clearly told by UK Embassy that a tourist (visitor) visa did NOT allow her to marry while in UK.

W had to apply for a specific Marriage visa which  required us o have a place to live in UK and me to have sufficient income to support us both.  Proof of both of these was needed before  visa was given..  This had a time limit of, I think, 3 months to get married once in UK.

Once in UK and legally married it was no problem getting her an indefinite leave to stay, but she still needed a re-entry permit when she left UK.

At that time, UK Embassy admitted it did it best to discourage marriage visa,a nd looked for a long term stable relationship.  i.e reluctant to give visa to anyone who  had just met and fallen for a bar girl..

Rules might have changed with EEC nd Schengen visas.   Visit your Embassy and ask.

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13 minutes ago, Robin said:

Once in UK and legally married it was no problem getting her an indefinite leave to stay

The next stage after a fiance visa is FLR. Not ILR. She would be on the 5 year route.

 

14 minutes ago, Robin said:

but she still needed a re-entry permit when she left UK.

Really? How long ago was this?

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1 hour ago, abrahamzvi said:

Yes, my friend is German and still lives in Germany with his wife of 2 years.

Lived there for 25 years..........last 15 years with my Thai wife.....couldn't be bothered with the hassle of getting her into the UK.......married for 15 years and nothing but hassle to try and live with your own wife in your own country......

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2 hours ago, abrahamzvi said:

Do you mean that the Danish government would not allow the legal wife of a Danish citizen to live in Denmark with her Danish husband? If this is the case the concerned Danes should take such cases to the EU human rights court, I am sure they would win the cases against their government, as the family life is enshrined in the EU constitution.

It's not as simple as that.

 

Your wife from third country (i.e. outside EU/EEC) can get permission to stay with you in Denmark, but there are a number of things that she shall fulfill; a kind of point-system, where Danish husband and the wife don't need to fulfill all, however some are mandatory, but must be able to pass a number of them. Things that counts are for example that the wife can speak the Danish language (pass a test); and having an income of her own of a certain level, but still in level with her qualifications (i.e. education); if for example her income is too high compared to qualifications if might be considered as fake income, the have been cases with refused application for permission to stay due to that.

 

The Danish husband also need to pass certain qualifications in the point-system, like having a suitable independant home, and being self-supporting, a certain level of Danish language test in the basic school system, and being able to deposit a financial social security-guarantee for the spouse, and not having been convicted for serious crime.

 

Furthermore both parts need to be at least 24 years old (to avoid arranged marriage, especially with young females).

 

The reason for these limitations is that a number of people misused the system, especially from a certain group of countries, and as it would be racism to exclude some, and not others, then the rules applies for all from outside European Union (EU) and European economic Community (EEC).

 

A deeper explanation in English language can be found HERE.

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57 minutes ago, Surelynot said:

Lived there for 25 years..........last 15 years with my Thai wife.....couldn't be bothered with the hassle of getting her into the UK.......married for 15 years and nothing but hassle to try and live with your own wife in your own country......

I found the process quite simple. Follow the instructions on UKVI website. Provide supporting evidence and there you go. No problems at all.

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4 hours ago, Robin said:

When I was taking my Thai G/f to UK, I was clearly told by UK Embassy that a tourist (visitor) visa did NOT allow her to marry while in UK.

W had to apply for a specific Marriage visa which  required us o have a place to live in UK and me to have sufficient income to support us both.  Proof of both of these was needed before  visa was given..  This had a time limit of, I think, 3 months to get married once in UK.

Once in UK and legally married it was no problem getting her an indefinite leave to stay, but she still needed a re-entry permit when she left UK.

At that time, UK Embassy admitted it did it best to discourage marriage visa,a nd looked for a long term stable relationship.  i.e reluctant to give visa to anyone who  had just met and fallen for a bar girl..

Rules might have changed with EEC nd Schengen visas.   Visit your Embassy and ask.

You were badly advised.  UKVI can issue a Marriage Visitor visa which is specifically for people who want to marry in the UK, but not settle there.  My now wife got this visa back in 2016, we spent 2 months in total in the UK, got married while we were there, and then returned to Thailand.  Obviously you have demonstrate that you will return after the marriage and not settle in the UK, otherwise the visa won't be issued.  

 

https://www.gov.uk/marriage-visa

Edited by brewsterbudgen
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13 hours ago, Surelynot said:

Lived there for 25 years..........last 15 years with my Thai wife.....couldn't be bothered with the hassle of getting her into the UK.......married for 15 years and nothing but hassle to try and live with your own wife in your own country......

Surely after 5 years she would have been eligible for German citizenship? Then she could travel freely and live in the UK (before brexit last year). If she was in UK as a German before Brexit then she could have stayed like many other European citizens do.

 

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@RequiemIt might be helful if you confirmed which country within the EU you're looking for advice on, as has been pointed out each Member State has their own rules for your scenario, which may or may not apply to you.

 

You seem to be posting from Lithuania.

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3 hours ago, soi3eddie said:

Surely after 5 years she would have been eligible for German citizenship? Then she could travel freely and live in the UK (before brexit last year). If she was in UK as a German before Brexit then she could have stayed like many other European citizens do.

 

NO NO NO........Really???? OMG! Had no idea.

 

Thinking back we always assumed that the British Army or the Civil Service would give wives (dependents) ILR........but when it came to only serving soldiers wives we issued visas......no tests, no language requirement....nothing....they were just called into the Welfare Office and had their passports stamped. 

 

As a a civilian they just told me where to go......!!!

Edited by Surelynot
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Getting married in your home EU country does open you up to some serious financial losses surely?

 

If my wife and I part I will make sure she is okay, but she is not taking off with half of everything I have.......we have both worked, she has kept all her earnings and mine earning were used to support for both of us. If we married in the UK I would likely then lose half of wealth if we divorced???

 

Marrying Thailand is much safer.....isn't it?

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Not in Belgium, you have to marry in Thailand first , do all the paperwork and after that you can register your marriage in your own manicuplitty. The paperwork needed for that depends also on where your live. Wallonie, Flanders or BXL and as usual the Flemish part will need more paperwork. Probably easier to go and fight with the IS marry her have some children and then the government will bring them all back (free of charge) without birth certificates and whatever paperwork you normally need. You will probably sentenced to jail for 5 years but get set free after only serving 1 year. I have a friend who was serving for the Belgian government (army) in a foreign country and after 7 years married to a Thai she was refused Belgian nationality because they were not living in Belgium.  Please don't try to understand.

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2 hours ago, Surelynot said:

Getting married in your home EU country does open you up to some serious financial losses surely?

 

If my wife and I part I will make sure she is okay, but she is not taking off with half of everything I have.......we have both worked, she has kept all her earnings and mine earning were used to support for both of us. If we married in the UK I would likely then lose half of wealth if we divorced???

 

Marrying Thailand is much safer.....isn't it?

If you are married in Thailand you are also legally married in UK.

 

If your wife happened to know what you had in UK, and knew how to get it, she could legally do that.

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2 minutes ago, puchooay said:

If you are married in Thailand you are also legally married in UK.

 

If your wife happened to know what you had in UK, and knew how to get it, she could legally do that.

Whoops.......panic.

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8 minutes ago, puchooay said:

If you are married in Thailand you are also legally married in UK.

 

If your wife happened to know what you had in UK, and knew how to get it, she could legally do that.

As I understand it getting divorced in Thailand allows the wife only to claim half of any property jointly own.....but nothing else....BUT, divorcing in Thailand does not mean you are divorced in the UK, as only a UK court can grant a divorce........so she would then have get a divorce in the UK to access my possessions...........now that is difficult especially has she no right to enter the UK......

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7 hours ago, soi3eddie said:

Surely after 5 years she would have been eligible for German citizenship? Then she could travel freely and live in the UK (before brexit last year). If she was in UK as a German before Brexit then she could have stayed like many other European citizens do.

 

Not quite as uncomplicated. To start with, it's not five years, but 8 years. The other complication is that for some countries, with which Germany does not have the appropriate treaty, Germany insists that the person concerned proves she/he has legally renounced her/his citizenship before actual naturalization occurs. There are quite a few people who are not prepared to do this, for various reasons (Thais are well advised from renouncing their citizenship for obvious reasons)

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