Thai Male Marrying Foreign Female

[Maizefarmer]

While just about every possibile visa variation/circumstance regarding a foreign male marrying a Thai female is covered by various threads and postings - just what are the rules and regs as they apply to a foreign female who marries a Thai male.

Three questions - in broad terms - which I think covers the most reliavnt issues:

- Are the visa regulations (i.e. types and length of stay) the same?

- Are rules regarding asset ownership rights the same (i.e. bank accounts & property ownership?

- The all important one - child custody - who do the Thai courts tend to "favour" (e.g. in Europe its

usually mom who gets custody when the trouble hits the fan)? ..... and in Thailand?

Any member have the lowdown on this (SUNBELT?) - or are there any ex-pat lady members who have had the experiance (good or bad) of having to go through/deal with formalities related to any of the above

Tim

Edited October 9, 2006 by Maizefarmer

[sbk]

While just about every possibile visa variation/circumstance regarding a foreign male marrying a Thai female is covered by various threads and postings - just what are the rules and regs as they apply to a foreign female who marries a Thai male.

Three questions - in broad terms - which I think covers the most reliavnt issues:

- Are the visa regulations (i.e. types and length of stay) the same?

- Are rules regarding asset ownership rights the same (i.e. bank accounts & property ownership?

- The all important one - child custody - who do the Thai courts tend to "favour" (e.g. in Europe its

usually mom who gets custody when the trouble hits the fan)? ..... and in Thailand?

Any member have the lowdown on this (SUNBELT?) - or are there any ex-pat lady members who have had the experiance (good or bad) of having to go through/deal with formalities related to any of the above

Tim

Hi Tim, well, answer to number 1) yes they are the same regulations except involving one year extensions and citizenship. Thai men are not required to show assets (but it helps-- and they must pay income tax) in order for their foreign wives to apply for a one year extension on a non-immigrant visa. And, foreign wives of Thai men are not required to hold PR before applying for citizenship (although there are income requirements for the husband--sorry can't remember the amount).

2) not sure what you are referring to here--foreigners aren't allowed to own property, full stop.

3) no idea, sorry. No kids and none of the couples I have known that have split up have actually divorced--and the wife has always kept the kids. It only seems to matter if it has to go to court because of a dispute.

As for visa experiences, well generally positive but it would be nicer if they made PR (or citizenship) a bit more obtainable for those of us here long term.

[Maizefarmer]

Hi SBK

Nope I had no ide that women could skip PR and go striaght on to citizenship - any idea regards the length of time they have to be married for before they can apply?

Actually, foreign ownership of land is permitted under the Treaty of Amatise - alhtough this priiviledge is restricted to USA citizens and has to be done through a company structure,for which the Treaty specifically accomodates 100% foreign ownership - again restricted to USA citizens. Were you aware of this?

But other wise, okay I see where you are coming from on the land issue - what about banking arrangements - much the same as for guys?

As far as citizenship goes - it has never appealed to me.

If I applied now I have little doubt that it would be nothing more than a formality, considering length of stay, business, family ect ect........ I would qaulify on all aspects.

Doesn't interest me in the slightest. I have never belived that citizenshiop should be applied for simply on the basis of a financial advantage - which would be my only beneift currently - and I certainly do not have the funds of Bill Heinike (the well know ex-pat who owns Minor Group - he opted for Thai citizenshiop years back) - who as one of the richest men in the country, and yes I understand his motive. Interestingly I have just learn't the other day that the major shareholder of one of the big sporting brandnames (not Nike - but one of its competitors - think it would be imprudent to name him in public without his consent) is an expat who just recently got Thai citizenship. He too is ranked amongst Thailand 10 or so richest people. Thats another story.

But back to the subject - I suspect that custody goes to mom, irrespective of nationality in much the same way as European courts have traditionaly been seen to give custody of children to them - excepting of course in the case of successful legal challeneg by the male spouse.

Now then what happens to asset inheritance in the case of death of the Thai partner (and this can apply to both sexes). I know that if my wife died to tommorrow the land would be mine - and to address any doubt about it or anyone questioned it, it would be the only reason which would motivate me to apply for citizenship now or as things currently stand- to get full indisputable rights to the land - no doubts/challenges or questions. As it is at the moment it is regsitered to an offshore trust structure that took us about 10 years to set up legally - primarily to protect it for the kids should we both dies unexpectadly. Thai trust law is very much in its infancy as a legal structure or entity which is used to hold Thai based assets - bt it can be done legally.

But, something else I have never got to be 100% clear on is how the will of a Thai partner in a legal marrige relationship to a foreign national, would be interpertated by the courts when it came to property ownership in the death of the Thai partner, assuming of course his wife was the beneficiary, and it involved something like land inheritance?

Anyone have any input on how that would be resolvedthis?

... off to get some breakfast, will ctach uyp on this subject agin later.

Tim

Edited October 10, 2006 by Maizefarmer

[sbk]

My understanding is that you would have one year to sell the property (land) if your spouse died.

I have tried the citizenship path with not much success, dual is allowed. But, the local police (Surat Thani) don't know how to do it. I may try the Bangkok people again, but need to talk my husband into it again

[Maizefarmer]

Please forgive me - I did not appreciate I was talking to a member of the fairer sex!

If you are comfortable, can you share with me what motivated you to consider Thai citizenship, and why ultimately it was not successful. I'll chase this subject up with you later - what better qaulified person to ask.

Tim

[sbk]

Same as you, if my partner dies I want to be safe, I am scared of being a 70 year old lady left with nothing.

I have a thread back there somewhere with all the details, but, in a nutshell, I called the Special Branch police in Bangkok and was told that I had to apply in the province my husband is registered in. When we went in to the Special Branch (muang office) they didn't know what we were talking about, so we went next door to the Special Branch (provincial) and he didn't know what we were talking about either.

There are income requirements (have to pay a certain amount in taxes for the past 3 years) which we currently don't meet (not necessarily fudging the tax report, but well, being careful in our reported amounts ). So, its all kind of academic at this point.

But, some day, I will talk my husband into pursuing this again, and we will try again. My plan of attack is to call the special branch guy in Bangkok again, get him to mail me all the necessary forms and instructions, and take it in to the Surat Special branch office again with the Bangkok guy's phone number as back up.

But, the last time was so frustrating it will take me another year or so before I can talk my reluctant husband into confronting Thai bureaucracy again

[IMA_FARANG]

While just about every possibile visa variation/circumstance regarding a foreign male marrying a Thai female is covered by various threads and postings - just what are the rules and regs as they apply to a foreign female who marries a Thai male.

Three questions - in broad terms - which I think covers the most reliavnt issues:

- Are the visa regulations (i.e. types and length of stay) the same?

- Are rules regarding asset ownership rights the same (i.e. bank accounts & property ownership?

- The all important one - child custody - who do the Thai courts tend to "favour" (e.g. in Europe its

usually mom who gets custody when the trouble hits the fan)? ..... and in Thailand?

Any member have the lowdown on this (SUNBELT?) - or are there any ex-pat lady members who have had the experiance (good or bad) of having to go through/deal with formalities related to any of the above

Tim

- The all important one - child custody - who do the Thai courts tend to "favour" (e.g. in Europe its usually mom who gets custody when the trouble hits the fan)? ..... and in Thailand?

Thailand has traditionally been a male dominated (at least from the legal standpoint) society. This however is rapidly changing and in fact has changed greatly in last 10 to 20 years. However, it is still quite possible that the father rules the roost in legal matters that appear before a court.

It does seem to be common for the wife to be left taking care of the children, but at least until recently child support from the father was not forced. The perfect example is my Thai girlfriend. In 1975 when her husband left her (not a divorce, he just left) with 3 children she only got what child support he was willing to give. That situation has changed since that time, but I think it is still common,at least by tradition, that a father only supports his children in a divorce as he feels he should. Mom has to take care of herself.

[Sunbelt Asia]

-

Are the visa regulations (i.e. types and length of stay) the same?

The Thai male or the foreign wife are not required to show income or any money in the bank for the wife to get the extension of stay. The Male just needs to show marriage certificate, household registration and ID card.

Much easier for the wife to become a Thai citizen as well.

- Are rules regarding asset ownership rights the same (i.e. bank accounts & property ownership?

yes

- The all important one - child custody - who do the Thai courts tend to "favour" (e.g. in Europe its

usually mom who gets custody when the trouble hits the fan)? ..... and in Thailand?

Mother

Actually, foreign ownership of land is permitted under the Treaty of Amatise - alhtough this priiviledge is restricted to USA citizens and has to be done through a company structure,for which the Treaty specifically accomodates 100% foreign ownership - again restricted to USA citizens. Were you aware of this?

Sorry to say this is not correct. Under Amity the American cannot own land. They can own the business 100% but this company is not allowed to trade in land or own any land.

www.sunbeltasiagroup.com

[Maizefarmer]

-

Are the visa regulations (i.e. types and length of stay) the same?

The Thai male or the foreign wife are not required to show income or any money in the bank for the wife to get the extension of stay. The Male just needs to show marriage certificate, household registration and ID card.

Much easier for the wife to become a Thai citizen as well.

- Are rules regarding asset ownership rights the same (i.e. bank accounts & property ownership?

yes

- The all important one - child custody - who do the Thai courts tend to "favour" (e.g. in Europe its

usually mom who gets custody when the trouble hits the fan)? ..... and in Thailand?

Mother

Actually, foreign ownership of land is permitted under the Treaty of Amatise - alhtough this priiviledge is restricted to USA citizens and has to be done through a company structure,for which the Treaty specifically accomodates 100% foreign ownership - again restricted to USA citizens. Were you aware of this?

Sorry to say this is not correct. Under Amity the American cannot own land. They can own the business 100% but this company is not allowed to trade in land or own any land.

www.sunbeltasiagroup.com

Correct - as if I need to correct SBA - I should have said under BOI regs - not t/Amity regs.

Tim

[Dragonman]

- The all important one - child custody - who do the Thai courts tend to "favour" (e.g. in Europe its

usually mom who gets custody when the trouble hits the fan)? ..... and in Thailand?

Mother

www.sunbeltasiagroup.com

Whilst in principle I would agree "all other things being equal", the Law in itself does not give preference to either spouse. It is up to the Juvenile and Family Court to decide under "Rights of the Child". What is best for the future life of the child, not the parents!