Major step toward same sex marriage in Thailand

[Dodger]

I too was hoping the law would change for similar reason of inheritance issues - not the marriage extension (more on that follows). Further, it would IMO represent our commitment to each other (10 years of a LTR and 20 years of living in Thailand together after I retired). Being 26 years older than my Thai partner, I expected to leave this world before him. That didn't happen as he passed away due to illness 2 years ago last month.

First and foremost - I'm terribly sorry to learn about the passing of your partner especially after you were together for such a big part of your life. My first Thai partner was less than half my age when he died of TB in 2012. So it does happen.

Another member informed me via PM about the hassles involved with using "Marriage" as the reason for visa extensions, and now, after the detail that you were kind enough to provide, I'm convinced that I should avoid this like the plague.

Having said that I have a question: If Jai and I got legally married (as we plan to do) could I still record my reason for applying for a visa extension as being "Retirement" - or would I then be forced to enter "Marriage" as the reason for extending? I understand that I would not qualify for reduced financial income requirements if using "Retirement" as the reason - but really don't care about that. All I'm really trying to accomplish is to simplify the process of inheritance for Jai when that day comes.

[Gaybutton]

All I'm really trying to accomplish is to simplify the process of inheritance for Jai when that day comes.

I have a feeling that is the main issue for most farang considering marriage with his Thai boyfriend - making sure your wishes are carried out in the most easy and efficient way possible.

To me, the best way to achieve that is not via our guesses and interpretations about Thai rules and laws. I think most of us know that no matter what we try to do on our own, there's going to be something that goes wrong.

I would suggest consulting a good Thai attorney, get his advice, and make your decisions based on that advice.

[2lz2p]

Having said that I have a question: If Jai and I got legally married (as we plan to do) could I still record my reason for applying for a visa extension as being "Retirement" - or would I then be forced to enter "Marriage" as the reason for extending? I understand that I would not qualify for reduced financial income requirements if using "Retirement" as the reason - but really don't care about that. All I'm really trying to accomplish is to simplify the process of inheritance for Jai when that day comes.

Yes. The TM.7 form requires you to state the purpose for requesting the extension. When you enter the purpose, then the Immigration Officer wants to see the documentation that meets the requirements for that purpose. In case of retirement, the 800k or 65k monthly income or combination of the two. Your marital status has nothing to do with it unless you specifically put married to a Thai as the purpose, then the requirements for that purpose kick in.

Another point to make regarding being married to a Thai. They will have a say in how you are treated if you should become hospitalized. Not being married, your partner will have no say whatsoever. Of course, in Thailand, you can make a Living Will and designate whomever you choose the right to make such decisions.

Even if you are married, I would still recommend a last will and testament be prepared. Without one, you would then fall under the intestate provisions of Thai law. I don't recall the hierarchy for inheritance, but seem to recall that it may allow others to share (or claim) part of the deceased's assets - of course, I may be mistaken on that point.

If you do not have a will and are in Pattaya, I would recommend Triple 8 Law - the managing director is an Australian whose Thai wife is the lawyer. They are the ones that did my will (he offers a discount for Pattaya City Expat Club members - I believe that it is now 6,000 baht vs 12,000+ for others). They have done the wills and handled the estates of some friends that passed away. One, a Canadian, had some complications related to his Canada asset which took time, but they pursued the actions needed and his boyfriend eventually received his inheritance - in addition to the property and other Thai assets which he received within the normal range for probate. They also handled the probate for my partner's estate - he had a will - which involved land and a vehicle here in Pattaya - they went to my partner's nearest relative (who with his wife and children now live with me and are my caregivers). Their fee for that probate was 22,000 baht and took about 2-3 months, which is the norm.

[2lz2p]

Another consideration is that if your Thai spouse unexpectedly dies before you (accident, illness), you are required to report it to Immigration. They will cancel your permission to stay and give you 7 days to leave Thailand

Not very compassionate.

Compassion has nothing to do with it. The 7 days to get affairs in order is for anyone who no longer qualifies for their permission to stay.

One of the documents you sign when extending your stay (it is in Thai and they have you sign it along with one that acknowledges the overstay penalties) states that you will report to Immigration if you no longer qualify for the purpose of your extension of stay.

In the case of married to a Thai, it becomes a problem if you do not meet the financial and/or age requirements for a retirement extension. Otherwise, you can then apply for an extension based on retirement. Also, a border hop and you can come back for 60 days (30 days + 30 day extension) to have more time to get your affairs in order in the event you do not qualify for another permitted purpose. Or get a Tourist Visa from a Thai Embassy/Consulate and get 90 days (60+30).

[Gaybutton]

Compassion has nothing to do with it.

Obviously.

In my opinion that stinks. What's the big rush? If your spouse dies during the validity of your visa, then instead of making you leave immediately or making you jump through alternate visa type hoops, I think it would be much more reasonable and fair to simply let your visa stand until its expiration date and then have you apply for whatever kind of new visa you can qualify for.

Seems to me, under the present set of rules you would almost be forced to go to a visa service and pray they can help you - for a hefty fee of course.

Maybe they expect you to have another potential spouse waiting in the wings, get married within the 7 days, and now you're right back on a marriage visa.

[gerefan]

Compassion has nothing to do with it. The 7 days to get affairs in order is for anyone who no longer qualifies for their permission to stay.

That may not even give you time to attend their funeral.

GB, you better add it to your "I Don’t Get It" list.

[Gaybutton]

GB, you better add it to your "I Don’t Get It" list.

Definitely. And if it ends up working as 2lz2p describes, the whole thing will also be on the list.

[Jun]

GB, you better add it to your "I Don’t Get It" list.

Another problem that can probably be circumvented by going to an agency and paying a fee which includes a tea money contribution. The bereaved would probably be offered at least the same menu of bent visas that I got when visiting an agency 2 years ago. None were quite worth it for my needs, but they would do just fine for a longer term stay,

My guess is 90% of the famous "I don't get it list" would be gone if "problems that can be solved with a bribe" were deleted.

[Dodger]

......Yes. The TM.7 form requires you to state the purpose for requesting the extension. When you enter the purpose, then the Immigration Officer wants to see the documentation that meets the requirements for that purpose. In case of retirement, the 800k or 65k monthly income or combination of the two. Your marital status has nothing to do with it unless you specifically put married to a Thai as the purpose, then the requirements for that purpose kick in.

Thank you for explaining this to me as clearly as you did. Much appreciated.

After our marriage I plan to always enter "Retirement" as the reason for my request for extension based on what I've just learned.

I agree totally with your comments regarding the importance of having a Last Will and completed this process myself several years ago for the reasons you mentioned.

Inheritance laws in Thailand are a bit tricky (like everything else), thus the reason that I think being legally married - plus having a Will completed will suffice. And if it doesn't I'll be the last one to know...

Another important factor that you pointed out is the fact that a legal spouse can influence hospital medical treatment if that ever becomes necessary. Having a living Will is essential for this reason - but having a legal spouse acting as facilitator in an emergency situation is another added safeguard.

Thank you again for taking the time to explain things clearly.

[Gaybutton]

Thai Prime Minister Announces Push for Marriage Equality Act at International Seminar Led by BJC Big C Group

By Kittisak Phalaharn

16 February 2024

On February 14th, 2024, Mr. Srettha Thavisin, Thai Prime Minister, gave a vision on the Thai government policy, fostering the Marriage Equality Act, at an international seminar “Business, Gender Diversity and the Way of the Future” by BJC Big C Group.

The seminar aimed to raise awareness and seek to create laws, regulations, and policies regarding gender diversity at national and international levels.

The Marriage Equality Act would allow people of the same gender to be engaged, married, and have equal rights, duties, and family status the same as regular couples, said Srettha.

Meanwhile, Mr. Aswin Techajareonvikul, the Chief Executive Officer of the BJC Big C Group, publicly revealed that LGBT+ people were not given as many deserved opportunities in important positions. They could not express themselves freely without being bonded by influence and thoughts set by society, stated Aswin.

Therefore, the BJC Big C Group aspired to be a part of promoting and supporting the value of differences in society. Aswin hoped that gender inequality would no longer be an issue to create balance and opportunity in organizations and society.

https://tpnnational.com/2024/02/16/thai ... g-c-group/