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Could There Soon Be a Thai Same Sex Marriage Visa?

Transcript of the above video:

As the title of this video suggests, we are discussing the possibility of a same sex marriage visa for Thailand. There has been a lot the talk with respect to the possibility that same-sex marriage may be legalized here in Thailand. I think it is probably a pretty safe bet some time between 2022 and probably 2030, I know that is a long time but sometime at some point this decade. I would probably even go further and say some time between now and 2025, we are very likely to see same-sex marriage become equalized in the eyes of the law here in Thailand. The upshot of that is would there be a Visa category specifically an O Marriage Visa category, associated with same-sex couples, same sex marriage couples to be clear.

I got to thinking about this again when I was reading from the Pattaya Mail, that is pattayamail.com, the article is titled: Grapevine: Only the rich. Quoting directly: "If gay marriage really is on the cards in Thailand, Western retirees who marry their boyfriends might be able to obtain a one year partner extension of stay (400,000 Baht in the bank) rather than retirement (800,000 baht). But wait a moment. Nobody has said that the new proposed law will include foreigners. Might be for Thais only: nobody knows at this stage." 

Well I don't think that they are going to create a same-sex marriage law or amend the laws that it says “well we will allow same-sex marriage but only between Thais”. They don't have a marriage law in Thailand that says “well you can get married in Thailand but only Thais can get married in Thailand”. I don't even think that would be feasible from a practical standpoint so I am not overly worried about that. 

The thing to take away from this video in my opinion is yeah if this goes through and I think it is very likely we are going to see some kind of same-sex marriage; it may be a graduated process as we have seen in other jurisdictions where Civil Unions comes online and then same-sex marriage possibly down the road. Understand though Civil Union may not necessarily get you there with respect to a Visa because the Immigration Act, well specifically the regulations stemming from the Immigration Act of '79, may still stipulate marriage and Civil Union may not be enough although it is better than nothing in the sense that same-sex couples, foreign, bi-national, whatever in a civil union structure you could estate plan correctly; you can make sure that there is equity within your what we would call the marital estate but under the circumstances sort of your partnership if you will and then hopefully down the road they will just have full same-sex marriage. In the United States there was no graduated process. Same-sex marriage was just legalized per the decision in the Windsor decision primarily and some other Supreme Court cases.

So the thing to take away from this video is yeah, if same-sex marriage does happen in Thailand I think it is fairly safe to presume there are probably going to be Visa options for bi-national couples shortly thereafter.