Non Immagrant O Visa For Gay & Lesbian Couples

[Afronaught]

Hi Folks,

I'm not sure if this subject has been covered before. I have searched the Foreign Ministry website looking for information on this, but I can't seem to find anything relating to the subject anywhere.

1. Can a foreigner in a Long term gay or lesbian relationship apply for a Non-Immigrant 1 year single entry or non-Immigrant 1 year Multi Entry visa Type "O" based on dependency or support of a Thai National?

2. If it is possible, what documentation is required for the application?

3 Some foreign countries allow Legal Gay and Lesbian Marriages. Would such a marriage certificate, along with the Thai Translation be valid documentation for application for a non-immigrant O-Type Visa?

Kind regards,

Ian

[lopburi3]

Marriage in Thailand is between a man and a woman.

[Thaiquila]

Of course because there is no gay marriage in Thailand, you couldn't marry a Thai same sex in Thailand.

However, there is an interesting point here and might there possibly be an interesting test case for a couple that includes a farang and a Thai who obtain a legal marriage in a country offering full legal same sex marriage?

This then becomes an issue of will Thai immigration accept the marriage certificate of a foreign country rather than do they accept gay marriage.

I would imagine the chance of success for such an application is doubtful, but surely some couple should try this as a test case.

Edited July 15, 2005 by Thaiquila

[Dragonman]

Of course because there is no gay marriage in Thailand, you couldn't marry a Thai same sex in Thailand.

However, there is an interesting point here and might there possibly be an interesting test case for a couple that includes a farang and a Thai who obtain a legal marriage in a country offering full legal same sex marriage?

This then becomes an issue of will Thai immigration accept the marriage certificate of a foreign country rather than do they accept gay marriage.

I would imagine the chance of success for such an application is doubtful, but surely some couple should try this as a test case.

<{POST_SNAPBACK}>

[/quote

The vast majority of Immigration laws throughout the world do not recognise same sex marriage. Thailand would not be the best place to make a challenge. There is currently a lobby for changing the thai laws to allow same sex marriage. Unlikely to succeed. As for just a common law marriage such as this. No chance!

[dr_Pat_Pong]

Thailand doesn't even recognize de facto relationships, so same sex relationships stand no chance.

[Thaiquila]

I don't doubt what you say.

However, I do wonder if the Thai immigration law specifically says it will not recognize a same sex marriage from a nation that issues such certificates.

Legal same sex marriages are rather new in the world so maybe they have not gotten around to creating a specific law to deal with this issue.

Again, it is not a question of whether Thailand recognizes same sex marriages, but rather does Thailand recognize marriage certificates from foreign countries (who might have lots of different standards including age of consent).

The other question is if the Thai was an extreme lady boy with an ambiguous name and the immigration officer was hung over from whisky and didn't see the male sex on the Thai's documentation ....???

Edited July 15, 2005 by Thaiquila

[Afronaught]

Thailand doesn't even recognize de facto relationships, so same sex relationships stand no chance.

Would being able to prove Support to a Thai Family be a loop-hole option for Same sex partners?

If the Partner has legaly adopted a Thai Child holding Thai Citizenship, would that also, constitute grounds for applyng a Non-Imm O visa based on support of a Thai Family?

The other question is if the Thai was an extreme lady boy with an ambiguous name and the immigration officer was hung over from whisky and didn't see the male sex on the Thai's documentation ....???

This raises another question:

What if the Thai National is Trans Gendered "Kathui" and has undergone sex reassignment surgery, would a marriage between a Foreigner and a "Sex-Changed" Thai National be valid?

Kind Regards,

Ian

[lopburi3]

Operation does not change sex of person for official paperwork.

[Dragonman]

I don't doubt what you say.

However, I do wonder if the Thai immigration law specifically says it will not recognize a same sex marriage from a nation that issues such certificates.

Legal same sex marriages are rather new in the world so maybe they have not gotten around to creating a specific law to deal with this issue.

Again, it is not a question of whether Thailand recognizes same sex marriages, but rather does Thailand recognize marriage certificates from foreign countries (who might have lots of different standards including age of consent).

The other question is if the Thai was an extreme lady boy with an ambiguous name and the immigration officer was hung over from whisky and didn't see the male sex on the Thai's documentation ....???

<{POST_SNAPBACK}>

According to gay rights organizations thai immigration law excludes same sex relationships. Marriage certificates from foreign countries are accepted as long as opposite sex.Wouldn't really matter about thai's sex as they wouldn't need a visa. Couldn't have a spouse however.

Afronaught. Who adopted the child thai or foreigner? If thai, there is still no relationship between the couple!

Lopburi3 is correct in thai law they are still male even without the male equipment.

[Thaiquila]

That pretty much answers it.

In the US there are heterosexual married couples where one of them have a sex change AFTER the marriage. According to US law, these folks are still legally married. That might possibly work in Thailand also, but clearly would not be a popular option.

[Afronaught]

Afronaught. Who adopted the child thai or foreigner? If thai, there is still no relationship between the couple!

Lopburi3 is correct in thai law they are still male even without the male equipment.

Ok Here's a scenario for you to consider:

a Lesbian couple, one a Thai National with a child (she is the natural Mother), the other' a Foreign national. They have both lived together outside Thailand for several years. The foreign national has adopted the Child of the Thai National leagally in the foreign national's country where she holds a passport.

They both decide to move and live in Thailand. The question is now Does the Foreign partner have the option of obtaining a O-type Non Immagrant visa on the basis of supporting a family?

Kind Regards,

Ian

[lopburi3]

The law is for a "mother" or "father" to support a child.

[Afronaught]

The law is for a "mother" or "father" to support a child.

Could you be more specific? According to the adoption papers the Foreign national is the Adoped Mother. so she would also be the Mother of the Child, right?

[lopburi3]

This is pointless. If you want to pursue a legal case you may do so but as we have said the chance of success is probably very small.

As for the above the childs birth certificate has the mothers name.

[Afronaught]

I apologise if I have offended you.

The Intent is not to persue a legal case, my intentions are to help a friend of mine, who is genuinely Interested in living in thailand with her partner. But she would like to do it legally and properly.

If anyone knows of a case history, or has experience in persuing this avenue, Help would be apreciated.

The Information I have recieved in response of my questions has been very helpfull so far.

Kind Regards,

Ian

[samran]

You’d also have to check if that child was still eligible for Thai nationality for a start. Being born on Thai soil doesn’t confer any rights to Thai nationality. Only when the parents have Thai nationality or residency does the child become a Thai national. If the child has been adopted out to a foreigner, it wouldn’t surprise me that it has had its rights to Thai nationality extinguished. As such, there isn’t an option for getting a visa based on support of a Thai national.

You’d have to check with the nearest Thai embassy on this issue.

Edited July 15, 2005 by samran