Are De Facto Marriages Recognised By Thai Immigration?

[bapak]

In the Police Order covering Alien Applications for Temporary Stay (latest version is No.777/2551), the words "In the case of spouse, the marital relationship shall be de jure (legitimate) and de facto" are quoted frequently. In most dictionaries, de facto is defined simply as: "Existing in fact whether with lawful authority or not".

In my mind, "In the case of spouse, the marital relationship shall be de jure (legitimate) and de facto" implies that de facto marriage are acceptable by Immigration. Yet, over the years, I have seen numerous application rejected on the basis of de facto marriage.

Has any member experienced acceptance of de facto marriage by Immigration? If so, what documentation was required to prove same?

I must admit that on several occasions I have given the following advice to overcome this problem... For the couple to visit their Embassy and attest via a Statutory Declaration that they have been in a de facto relationship for x years. Document was accepted by Immigration but I would suggest that acceptance was because of the Consular stamp rather than a de facto marriage.

[Mario2008]

Thailand only recognizes a legal marriage. De jure I would translate with "legal" or "lawful". But better is to get an exact ranslation of the words used in the Thai version of the police order. That is the one that counts.

As you say, it was probably only accepted because of the consular stamp (and the immigration officer taking it for a legal marriage).

[sbk]

maybe the key word here is the and in between de jure and de facto.

"In the case of spouse, the marital relationship shall be de jure (legitimate) and de facto"

Perhaps meaning, not only must it be a legal marriage but a real relationship.

[Sateev]

Thailand only recognizes a legal marriage. De jure I would translate with "legal" or "lawful". But better is to get an exact ranslation of the words used in the Thai version of the police order. That is the one that counts.

As you say, it was probably only accepted because of the consular stamp (and the immigration officer taking it for a legal marriage).

Correct.

[hansnl]

Asked B.I.L. (brother in law, being a PP (public prosecutor), he should know....I guess.

Looked it up in the law books, the virtual kind that is.

Just means that the marriage must be registered, (KOR ROR 2 and KOR ROR 3), in an Amphur or Ket, must have been consumated, and the couple must live together.

Although living together should be read "as much as possible", because it might be possible that one or both partners have to work somewhere else and are obliged to stay near or even in the workplace.

[CWMcMurray]

I think you are tying to extrapolate something that really is not there..

It is very important to note that it states "and" not "or"...

I believe that in this case they are referring to more literal translations of 'de jure' & 'de facto'

"in the Law" & "in Fact"

Meaning that you must be married both in the terms of the law (legal marriage) and in fact (meaning not a sham paper marriage).

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I it had stated --- "In the case of spouse, the marital relationship shall be de jure (legitimate) or de facto"

Then you may have a case...

[Darrel]

Perhaps meaning, not only must it be a legal marriage but a real relationship.

That is exactly how I read it. It seems very clear and precise to me.

[NancyL]

Why not just do the right thing, go the amphur office and get married?