American expat with same-sex partner, partner visa question

[mh1963]

I am an American living in USA now considering a new expat job assignment to be located in Bangkok with my current employer. I am legally married in the USA to my same-sex partner. Both male, age 50, and 40. I would qualify for a Thai work visa through my employer. Would my partner be eligible for some sort of dependent visa ? He will not be working. Any advice would be appreciated. My company's staff has not encountered this situation before, and is uncertain what to advise. Thank you!

[Jingthing]

Absolutely not. Sorry. Thailand does not recognize legalization of same sex civil unions or marriages, domestic or international.

That's the bad news about a dependent visa.

He COULD consider becoming a student in Thailand, studying Thai using the ED visa, and that can be potentially be stretched for years. But it is not the most secure situation for the longer term. So it depends on how long you intend to live in Thailand really.

Edited December 13, 2013 by Jingthing

[Jingthing]

Oh, just considered the ages. Is your partner 50 or 40? If 50, he could qualify on retirement status based on money in a Thai bank account. Much less maintenance than the education option. The minimum age for that is indeed 50.

[Soutpeel]

Not going to happen in Thailand, your partner is going to have to qualify for a visa in their own right best option is an Ed visa and go and learn Thai

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

[ubonjoe]

There was a report of a same sex legally married couple from Japan getting a dependent extension. The requirements only list a marriage certificate as proof of relationship. Thailand may be bound by treaty agreements such that they have to recognize a legal marriage done in a persons home country.

[Jingthing]

If that is actually the case, that is not something you could reliably count on. Each Thailand immigration office tends to interpret the enforcement rules in their own way. So even if that did happen in one office at one time, you couldn't really expect that to happen at your office when needed.

Also I wasn't aware that Japan has legalized same sex marriage!

Same-sex marriage is not legal in Japan, nor have serious steps been taken to introduce legislation, despite widespread and historic acceptance of homosexuals and homosexual relationships.

http://en.wikipedia.org/wiki/Same-sex_marriage_in_Japan

[ubonjoe]

I don't know where they were married. Just that at least one was from Japan.

[Jingthing]

I don't know where they were married. Just that at least one was from Japan.

OK. I think the people on the gay forum would be very interested in this development. Really, the first time I've ever heard of this and it would be BIG NEWS if this is really starting to happen.

In the context of the OP here -- can he EXPECT the same dependent approval at this point in Thai history? I think not.

Edited December 14, 2013 by Jingthing

[ubonjoe]

It would take some searching to find. It was done in Bangkok. Was done by a companies HR department through an agent.

[Jingthing]

Thanks. That's interesting. I just don't want the OP to think this is a sure thing, because it really isn't. Exceptions like this would be more in line with the historic.

Edited December 14, 2013 by Jingthing

[PoorSucker]

OK. I think the people on the gay forum would be very interested in this development. Really, the first time I've ever heard of this and it would be BIG NEWS if this is really starting to happen.

In the context of the OP here -- can he EXPECT the same dependent approval at this point in Thai history? I think not.

In this case it was two ladies.

Men and woman are equal according to the constitution, but we all know they are not in real life.

[Jingthing]

So I take it there is a consensus of agreement that the OP can't really expect a dependent visa for his same sex male spouse in Thailand at this point in history?

[ubonjoe]

I would just say that a same sex married couple holding a valid marriage certificate could try for the dependent extension of stay. But they would need to have a non immigrant visa entry before applying.

[Jingthing]

Thanks for the clarification. Sounds like your POV is more optimistic than mine. I hope you are correct but I am concerned that the OP is making major life changing plans based on this information.

[PoorSucker]

So I take it there is a consensus of agreement that the OP can't really expect a dependent visa for his same sex male spouse in Thailand at this point in history?

This is the only report, and it's hearsay.

One of my employees who handles visas in my company said that she processed a Non-O for the Japanese female partner of a foreign woman working in Thailand. Not quite the same as marrying a Thai and getting a Non-O, but I have a feeling it's all case-by-case.

Sent from my C6602 using Thaivisa Connect Thailand mobile app

[ubonjoe]

The first test of lets say the concept would be getting a single entry non-o visa. Since the company already has a presence here they should be able to easily provide the documentation for the OP to get a single entry non-b visa. With this documentation his partner (spouse) could also apply for a non-o visa at the same time.

[Jingthing]

Sure, I suppose it's worth a try. But the OP should be aware it is not the usual application and be prepared to consider other options, such as the ED visa, which would quite a bit more of a hassle (and less longer term stability) for his husband.

[Torrens54]

Absolutely not. Sorry. Thailand does not recognize legalization of same sex civil unions or marriages, domestic or international.

That's the bad news about a dependent visa.

He COULD consider becoming a student in Thailand, studying Thai using the ED visa, and that can be potentially be stretched for years. But it is not the most secure situation for the longer term. So it depends on how long you intend to live in Thailand really.

What about a Retirement Visa? just make sure you have the prescribed 800,000 Baht in a Thai Bank account for the appropriate period each year.

You'll still have to do the 90 Day reporting bit, but not too difficult.

[Sirius1935]

Oh, just considered the ages. Is your partner 50 or 40? If 50, he could qualify on retirement status based on money in a Thai bank account. Much less maintenance than the education option. The minimum age for that is indeed 50.

Going by the OP's name I would guess that he is 50 and the partner is 40. Not the other way round.

[quiuvo]

Oh, just considered the ages. Is your partner 50 or 40? If 50, he could qualify on retirement status based on money in a Thai bank account. Much less maintenance than the education option. The minimum age for that is indeed 50.

Going by the OP's name I would guess that he is 50 and the partner is 40. Not the other way round.

Incredible !

[laobali]

Oh, just considered the ages. Is your partner 50 or 40? If 50, he could qualify on retirement status based on money in a Thai bank account. Much less maintenance than the education option. The minimum age for that is indeed 50.

Going by the OP's name I would guess that he is 50 and the partner is 40. Not the other way round.

Incredible !

Not really. Guessing also that Sirius is 78 and that the OP mentioned the ages in the order 50, 40.

[lomatopo]

It should be relatively straight-forward for the partner to get a one-year multiple-entry Non-Immigrant B Visa from a Thai (Honorary) Consul in the U.S., with some help from people in Thailand. With this visa one must exit/re-enter the country every 90 days, and by exiting/entering near the end of the one year period, one gets another 90 days, so in essence a 15 month visa. There are other options as well: double-entry tourist visa can be stretched to 180 days, visa/border runs every 30 days.

Maybe best to talk with the local (Thailand) company staff to see what they'd recommend?

Edited December 15, 2013 by lomatopo

[bitcoinbob]

few questions for you is your employer going to cover your partners health insurance, if not check i ask because if your current employer american in u.s. has to cover your partner Thailand. different rules company is under no obligation to cover same sex partner where the union is not recognized. make sure you get that in writing??

[SlyAnimal]

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[merijn]

I'm afraid it will be very very difficult for his partner to get a dependent visa extension inside Thailand.

Maybe there was a exception in Bangkok but i can guarantee that Phuket Immigration don't issue dependent visa extensions for same sex marriages.

Maybe the Thai embassy the USA grants the dependent multi entry non-o visa based on same sex marriage as they are probable more used to it then the officers in Thailand but i highly doubt it.

If possible the retirement visa extension would be the best option.

[smotherb]

An easy out for you and yours is take a week-end off every month to a neighboring country--your spouse will receive a 30 day stay on each return. Makes a nice break too.

[mh1963]

Thanks for the responses. The working spouse is the older, the non-working spouse is 40. The non- working spouse is covered by my health insurance, and the marriage is fully recognized by my employer.

The monthly travel out of the country sounds do-able. Is there a limit to the number of 30 day stays? How long do we have to be gone? This is a on-arrival type of visa?

Thank you for your advice!

[ubonjoe]

The 30 days is a visa exempt entry. By air there is no limit but some border crossing do have a limit of 4 entries. You only need to be out of the country long enough to be stamped into and out again by another country.

[Sceptict11]

It really all depends on how long a stay in Thailand is planned. Over a long term relying on 3o day exemptions does not seem to be a solution and is likely to be limited unless flying out each month.

It would seem that a better solution is to be found by planning for the younger non working spouse to undertake an education course. If qualified to study at university a year long extension of stay could possibly be obtained.