VISAS FOR FOREIGNERS MARRIED TO THAI CITIZEN

A foreigner legally married to a Thai citizen qualifies for a Non-Immigrant Visa Category 'O'. Must have 400.000 baht in the bank and non immigrant visa. You need to show bank statements and not necessarily from Thailand eg Singapore is Ok as with Vientianne but take marriage cert; ID of your wife and House reg and they will issue you with a non immigrant O multiple visa.

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REQUIRED DOCUMENTS FOR LEGAL THAI MARRIAGE

1. A certification document is required from the applicant (s)' home consulate prior to registration of marriage. This must be translated into Thai and certified as being accurate by the Thai foreign Ministry.

4. Names and addresses of two contact persons resident in the same area as the applicant.

CONDITIONS OF ELIGIBILITY FOR MARRIAGE - ACCORDING TO THE THAI CIVIL LAW STATUTE OF 2529, BUDDHIST CALENDER (1986 AD)

INFORMATION FOR USA CITIZENS: Rev.6/99

A legal marriage in Thailand consists of both parties registering their marriage in person with the local Thai Amphoe (Civil Registry Office ). The USA does recognize the validity of such a marriage.

To marry a Thai citizen or a foreigner, you must:

1. Complete an affidavit at the American consulate in Bangkok or Consulate in Chiangmai. Forms are available on request & also the Thai equivalent. The form must be completed & notorized ($US55 or baht equivalent) at the Embassy or consulate. Chiangmai services are on Mon & Wed from 1-1.30pm.

2. Have the completed affidavit translated, by typing.

3. Take affidavit to the Information Dept, Legalization Division, Ministry of Foreign Affairs, 123 Changwattana Rd, Thungsonghong, Laksi, Bangkok 10210, Tel: (00-66) 02 575-1057-8 for certification. Legalization takes 3 working days.

4. Take affidavit & supportive documents to a local Amphoe & register yourself as married. The Amphoe will also require the following.

     (a). Your valid American Passport

     (b) Certified copy of termination of your previous marriages, if any (divorce decree or death cert) with Thai translation.

     (c) If either party is under 20 yrs, parents' presence or written permission ( with Thai translation if necessary) is required.

If I marry a Thai-lady and make it officially in Thailand can my wife still
have a house in Thailand or not ???

Prenuptial Agreement: If you as a foreigner own business or property then we suggest to seek a prenuptial agreement to safeguard your assets. If taking a Thai partner back to the USA it would pay you to have this done before you marry.

MARRIAGE & THAI OWNING A HOUSE:

The house belongs to the one who owns the land. Of course the person who rents land and builds a house on it, can dismantle and move it to another location as long as it is allowed by the land lease. In this case a farang can also own a house.
1) a Thai woman is allowed to keep the land which she already owns before getting married
2) a Thai wife is allowed to inherit
3) if married she can still buy a house BUT the husband must sign at the Land Office a declaration stating that the house is not a part of the couple estate and that if they divorce the house will not go to him ( Also the wife must sign at the Land Office a declaration that the money used to buy the house is hers and doesn't come from her husband).An easy matter if the money coming in is remitted by her.
The law HAS now changed! She can buy land provided her husband signs a declaration that he lays no claim to it.

Marriages in Thailand by non-Thai couples is easy to arrange and inexpensive. The legal marriage registration can be done at any district office in Thailand on any working day between 8am and 3pm.To marry you need passports and proof that you are single. If you have previously been married which ended in divorce or death you need the original certificates. If  never been married you need to show the Ministry of Foreign Affairs a statutory statement of non-attachment notarized by your Bangkok embassy. Your Embassy may require proof. 

A statutory statement required by the Thai authorities cost 1,000 Thai Baht each ( US$25). Your embassy will normally charge a fee for notarizing it and the Thai Ministry of Foreign Affairs make a nominal charge for registering it and issuing a certificate to enable you to legally marry anywhere in Thailand. A further fee may be required to have the document officially translated into Thai normally and we charge 500 Baht.

A Buddhist wedding is a good alternative. You can also have a traditional Thai (Buddhist) wedding ceremony, & only the legal registration is accepted. We arrange everything to suit the needs and budget of each couple concerned. If you wish you can combine your wedding and honeymoon in the Lanna Kingdom of Chiangmai where we can set up.

Prices do vary as each couple will have different wants but is an excellent way to marry in the Traditional old ways in a beautiful country. A legal wedding fee would be about 10,000 Thai Baht inclusive of translations and Thai Government fees. It can take us up to 3-7 days to process.

We know many couples that have married this way using Thai Buddhist monks who chant & our manager was married to his foreign wife like this. 

THE CEREMONY:

Choose the venue where you want to be married. You then choose to have an odd number of monks who will preside over the chanting process of the wedding--your lucky odd number. A good number is say 3 or 5. One must allow for presents for 4 if 3 monks or 6 if 5 monks. The 4th & 6th vacancy is buddha so offering to them can be in the form of money in an envelope, towels, books etc for each of the 4in similar parcels.

Following the chanting ceremony which if you have a foreigner as best man? one can say a few words in English and then the wrists are tied etc & the house is blessed. The ceremony concludes after approx1/2-1 hour and then the monks will eat before the guests. The monks do not stay after they eat and leave as it is not polite to watch foreigners drinking.

In the land of smiles one can have a beautiful wedding in simple surrounds far cheaper than back home. We can supply a traditional Thai string band  and  the caterers will make your wedding a truely happy occasion. Budget at about 10,000-20,000 baht depending on how many friends that will attend and the amount of food, liquour etc you will want. eg. a band may cost 1500 baht for say 6 hours and caterers will supply everything from plates to cutlery to tables and chairs. We can also arrange to have you both in Thai Traditional dress for your wedding photos.

Qu: Can a foreigner own land? Yes 1 rai if he/she invests 40m baht. Can if he/she has a Thai registered company. The company can then own or hold until at such time as the company is dissolved then the property must also be sold or transferred

Qu: Can a foreigner lease land? Yes a good alternative to buying if one cannot predict their relationship in years to come. Can have a 30 year with unstated renewal of 30 years 10x 3 year leases. The wife can secure the land & the foreign husband can usually have an agreement whereby if he passes away the children and wife can receive. If she passes away the children can inherit her share but it protects the foreigner as he/she has no rights if no lease and the wife dies first. An usufruct is even a better way of securing your property and now is the best way for foreigners buying [roperty in Thailand.

Qu: Can a foreigner own the house? Yes he can own the house outright. All monies coming in over 2.9m baht must be registered with the Bank of Thailand. This is important if one later gets divorced as all property purchased by foreigners should be recorded as being his/her money for the transaction. It is a safeguard for you in case of a divorce proceeding occurs as then you have a record that the money for the house came from abroad and was yours.

Qu: What if my Thai wife dies? If she has a will then the children will inherit. It pays to ask a lawyer to make out a will on your behalf & also your wife to safeguard each other.

Qu: Can a foreigner will to his/her next of kin? Yes if the house and land is held in a company.

Qu: Are there ways to safeguard my investment? Yes see our lawyer who can make prenuptial agreements to suit all parties.

Qu: I want to open a joint account? We say NO as either or can withdraw & many foreigners have lost all their life savings like this. How do they do it. They copy your signature from a copy of your passport which has been signed then fill out a deposit form at the Bank. Once taken the Bank is not involved.

Qu: Should I use the seller's lawyer if I buy a house or land? No as he or she will not be working in your interests.

Qu: Should I use my girlfreind or wife if I buy a house or land? No use a lawyer to clear the title, carry out house inspection report & set up the lease formalities for you and transfer. Some land depts are known to support the Thai if you cannot speak read or write Thai.

Qu: Costs to divorce if have to go to Court? Most lawyers to assist in a divorce case will charge a starting fee of 80,000baht plus? It all depends on the complexity of the court case--where it is to be conducted etc.

Qu: Costs involved to divorce if have to go to Court? This will include travel expenses and daily costs for lawyers especially if you were married in out of the way places? Filing fees and court appearances. Remember things can get very complicated in Thailand and the law system can be slow.

Qu: What do I need to keep when getting married? ID & House reg of your wife plus marriage certificates and address of the Amphur where you got married? It is surprising how many foreigners only know the nicknames of their spouses??

Qu: Can you perform Buddhist traditional wedding for m? Yes if you want to marry in Thailand we can arrange everything for you from monks chanting to whatever you want.

NEW ZEALAND NATIONALS REGISTERING MARRIAGES UNDER THAI LAW:

The below steps although they apply to NZ citizens is basically the same format as other Western countries. This is a general guide:

1/. Write to NZ Embassy for the form. Fees are Preparation & witness of signatures 370 baht & translation 550 baht Total= 920 baht

2/. make appointment to sign declaration in the presence of a commonwealth representative.

3/ Take the declaration (and if married before, your divorce cert or death cert of your spouse) to the Thai Ministry of Foreign Affairs to be authenticated. Address is: Legalization Division. Ministry of Foreign Affairs, 3rd floor, Kimpo Building (Bldg No8), Muang Thong Thani Project, Changwtana Rd, Nonthaburi 11120. tel: 02 503-4544 Office hours 8.30-11.30am & 13.00-15.30pm (Mon-Fri).

4/. Once these steps are completed you can then register your marriage at any Local District Office.

Remember if coming to Thailand for longer stays then 1 month go to your nearest Thai Consulate in your home country. Arrival in Thailand you can obtain 30 days eg. USA. It varies between countries and many you cannot get visas at the airport any more..

[ Law services ]

Kuhn Sumalee Jennapa ( lawyer LLB barrister) Chiangmai, Thailand.  We can now offer you services at very reasonable rates. We specialize in assisting foreigners.  kuhn Sumalee speaks excellent English so please ask us any questions and compare our prices. All law work including retired visas, dependent visas, USA Amity company, work permits, company formation, limitede partnerships,wills, accounting services, conveyancy, leases, house buying, title & Court searches, litigation, marriage services & translations English, Thai, German. [ email us ] 

OR ENGLISH HOTLINE TEL (00-66) 081-9527812

STORIES OF INTEREST:

UK STORY: Qu: I want advice on an entry visa for my Thai girlfriend. My work and personal commitments would tend to point a migration path for my girl to come to the UK. We're not married, but I'm hoping a first-time passport holder (i.e she has never applied for a passport before) in Thailand to gain a temporary (maybe 3-6 months) entry visa to the UK. Our idea is see if she can be live in England (and with me full-time !). If Ok then we would get married. It seems ludicrous from a humanitarian perspective for marriage to
be a pre-requisite to enter the country?


Ans: If you can establish your relationship over a period of time (visa stamps, letters, phone bills, etc.) and you are serious about getting married you could go for a fiance visa. That will give her 6 months in the UK during which time you decide if you want to marry or not - and marry. It is then relatively easy for her to remain in the UK.

Its pot luck really, marriage bureaus dont have any problems with visas. They know whose palms to grease at the Embassy. Thais who work there have been there for ages and know how to work the system whereas UK civil servants come and go. The Irish embassy in BKK,,, said to be easier

2 cases from the archives.
In a BBC documentary 5/6 years ago the programme showed applicants at the embassy and one guy in his 30s applied for his Thai girl who was 15 and had a child was allowed a fiancee visa !!! She lied about her age,claiming she was older. There was a lack of communication as well.

The 2nd case concerned the OAP in his 70s ,one Brian Clegg a retired British Gas area manager who sought a visa for his Thai wife of 18 years. Despite the age gap of 56 years and that they could not communicate in any common language the embassy awarded them a visa!. They met thru a BKK dating agency and spent a few days in the hotel bed getting to know each other. This was recorded on BBC film & shown nationwide. On arrival at his flat in Poole Dorset they soon fell out of wedlock, she refused his sexual demands and wouldn't do any household chores, and 2 weeks later cleared off and found a job in a Thai restaurant somewhere in Sussex. He was later seen on the Kilroy show talking about mail order brides which had a selection of elderly gents with their Thai brides, some were ok some were failures.

So you see applicants who should never get a visa may get one, and those who should get one don't? Hence the strong suspicions of bribery and corruption and general malpractice.

   GOING TO HONGHONG: Hong Kong is one of the A.S.E.A.N. and no visa is required, or at least that is the theory, I took a girl there and I got 6 months, she only got 3 weeks. Thai people don't need a visa to visit as a tourist for a couple of weeks, but to stay longer than that will be more difficult. If you're going to be working in Hong Kong, the best way may be for you to "employ" her on a 2-year contract as a domestic helper. She'll then be able to get a long term visa to allow her to stay for a year, extendable for another year to the end of the contract. She will not be allowed to work for anyone else during this period, but at least she can stay there with you. Thais do not need a visa to HK. As Thailand is part of ASEAN, people are allowed free travel if they can prove places to stay and tickets etc.

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