Defacto Question

[lioness]

My very good Australian friend has been living with her Thai partner in Thailand for 5 years now, up to date she has been going to her home country once a year and renewing her None immi visa, however she would like to know if she would qualify for a spouse visa? as they are in a defacto relationship?

[Lite Beer]

She does if they are legally married.

[lioness]

No, they are not married, just living together ( Defacto). However they are talking about marriage, well, marrying the Thai way and have it registered at the Amphur. She does not want to go to the trouble of dealing with the Aussie embassy as she has no intentions of going back to that country. So would that type of marriage be seen as legal and would it suffice for her to obtain a spouse visa.

[gotlost]

Thai way or Buddha marriage is not legal. Registering at the amphur is and recognize any where in the world as a legal marriage.

[lioness]

Thank you both

[CharlieH]

Thank you both

There is NO such thing as a "Spouse" visa, there is only an "extension based on marriage", which obviously as they are NOT married they are NOT entitled to.

However ,she may have to deal withe the Aussie Embassy if an "affirmation to marry" is required ?

(not sure if this applies to Aussies as it does to Brits)

[sbk]

To register your marriage at the Amphur you must first go to your home embassy and get a freedom to marry affirmation, then translated and taken to the Ministry of Foreign Affairs and then, once you get the permission to marry, you get married at the Amphur.

Regardless of her feelings about Australia she must deal with her Embassy if she wants to get legally married. A one year extension will only be given to people who are legally married.

[Lite Beer]

Once married it would not be a big problem to get the 12 month extensions of stay from Immigration.

Then she would not need to do border runs but report to Immigration every 90 days.

[Tafia]

However ,she may have to deal withe the Aussie Embassy if an "affirmation to marry" is required ?

(not sure if this applies to Aussies as it does to Brits)

Yes it applies to Aussies, a friend of mine just went thro the process

[Lite Beer]

Information from The Australian Embassy on getting married.

[lioness]

Thanks all.

[rodcourt49]

To register your marriage at the Amphur you must first go to your home embassy and get a freedom to marry affirmation, then translated and taken to the Ministry of Foreign Affairs and then, once you get the permission to marry, you get married at the Amphur.

Regardless of her feelings about Australia she must deal with her Embassy if she wants to get legally married. A one year extension will only be given to people who are legally married.

..even if she is only in a 'defacto' relationship more than 12 months Australian Government Departments ie Centrelink and ATO look on her as if she was legally married when it comes to income, property, assets etc. (Thailand and Australia have information sharing agreement also for tax evasion/avoidance). For your information.

[IanBungy]

As She doesn't "Ever want to return Home", Get Married! A Foreign Lady once Married to a Thai Man can become a Thai Citizen easily, End of Visa Problems! Unfortunately not the same for Foreign Men! A Defacto Relationship means Nothing in the Authorities Eyes! A Thai Ceremony also has little meaning to the Authorities! It is actually quite Simple to get married legally and Providing You haven't been Married before requires very little paperwork or Trouble dealing with Your Embassy. Good Luck!

No, they are not married, just living together ( Defacto). However they are talking about marriage, well, marrying the Thai way and have it registered at the Amphur. She does not want to go to the trouble of dealing with the Aussie embassy as she has no intentions of going back to that country. So would that type of marriage be seen as legal and would it suffice for her to obtain a spouse visa.

[thatguy]

Ianbungy,

I'd check closely about"A Foreign Lady once Married to a Thai Man can become a Thai Citizen easily"

there was quite a fuss about the inequality, and I believe they made the womens path the same as men, rather than relaxing the male standard to achieve parity.

Anyone have the real scoop on this?