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Do I Need to Register my Marriage in Thailand?


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I married a Thai National 4 years ago in the USA.  I plan to move the Thailand permanently in a year.  Will I need to register my marriage in Thailand in order to be considered married by Thai law?

 

If so, how is this accomplished?  I'd like to gather the necessary paperwork now and avoid a trip back to the States.

 

Thank you,

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16 minutes ago, wtboatr said:

I married a Thai National 4 years ago in the USA.  I plan to move the Thailand permanently in a year.  Will I need to register my marriage in Thailand in order to be considered married by Thai law?

 

If so, how is this accomplished?  I'd like to gather the necessary paperwork now and avoid a trip back to the States.

 

Thank you,

Initial answer is no if you want to be classed by Immigration as "retired" (assuming you are already over 50) for ever more, but if you want an annual married extension from Immigration (or are under 50) the answer is yes. There are significant differences between a "retirement" extension of stay and a "Married" equivalent.

Marriage registration is done at the local Amphur office, as far as the paperwork required you need somebody better informed than me, and it does seem to vary between Amphur offices.

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9 hours ago, wtboatr said:

I married a Thai National 4 years ago in the USA.  I plan to move the Thailand permanently in a year.  Will I need to register my marriage in Thailand in order to be considered married by Thai law?

If you plan on applying for a extension of stay based upon being married to a Thai based upon marriage to a Thai your foreign marriage must be registered at Amphoe to get a Kor Ror 22 foreign marriage registry that immigration requires to apply for the extension.

In preparation for doing the marriage registry I suggest you have your marriage certificate legalized before leaving the US.

Info for the first step is here. https://travel.state.gov/content/travel/en/records-and-authentications/authenticate-your-document/office-of-authentications.html After the authentication is done it will need to be legalized at the Thai embassy in the US.

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10 hours ago, wtboatr said:

I married a Thai National 4 years ago in the USA.  I plan to move the Thailand permanently in a year.  Will I need to register my marriage in Thailand in order to be considered married by Thai law?

 

If so, how is this accomplished?  I'd like to gather the necessary paperwork now and avoid a trip back to the States.

 

Thank you,

I would say yes you do. The local Ampur would be the place to start as they register marriages.

One thing which I am not sure if it still applies but in the past Thailand did not recognise a marriage unless it was conducted as a Buddhist wedding. Could well have changed as I say but worth checking on.

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You will need to translate the marriage certificate in the US by a registered translator. Then the Embassy will need to authenticate your certificate. The Embassy will be able to tell you about the process as every country is a bit different. 

Then the translated and stamped marriage certificate will need to be registered and authorized by the foreign ministry in Thailand. Afterwards you register yourself and your wife as married at the Amphoe. 

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5 minutes ago, TobiasML said:

You will need to translate the marriage certificate in the US by a registered translator. Then the Embassy will need to authenticate your certificate.

There's no requirement for a registered translator. It can be anyone.

But they're very picky about the translation itself. The easiest way would be to ask for a translation agency in the close vicinity to the consulate (embassy) since they're familiar with the requirements.

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16 hours ago, wtboatr said:

I married a Thai National 4 years ago in the USA.  I plan to move the Thailand permanently in a year.  Will I need to register my marriage in Thailand in order to be considered married by Thai law?

Yes, your U.S. marriage certificate will need to be legalized.

Some say it's easier to do on arrival in Thailand but it requires a trip to Bangkok.

Or you can do that while still in the U.S.

It's up to you.

Since you have plenty of time left you might consider the U.S. way:

 

1. The marriage certificate must be certified by Secretary of State (in your home state).

then

2. The marriage certificate must be certified by Department of State to satisfy the so-called two step process.

then

3. The marriage certificate must be translated into Thai and sent to the Thai consulate (embassy).

 

Everything is done by mail. It does take some time for back and forth.

Upon completion of all that the  Thai consulate (embassy) will stamp the legalized and translated marriage certificate with an official seal making it acceptable for Thai government agencies.

 

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6 hours ago, upu2 said:

One thing which I am not sure if it still applies but in the past Thailand did not recognise a marriage unless it was conducted as a Buddhist wedding

If this was ever true, it must have been about 100 years ago. It is certainly not true today. Indeed, a village wedding that includes a Buddhist ceremony is not sufficient to be considered officially married. If you marry in Thailand, the marriage must be done and registered by an official at the amphoe, and you need an affirmation of freedom to marry from your embassy. Even then, some amphoes will refuse to marry you unless offered financial inducements.

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7 hours ago, ubonjoe said:

If you plan on applying for a extension of stay based upon being married to a Thai based upon marriage to a Thai your foreign marriage must be registered at Amphoe to get a Kor Ror 22 foreign marriage registry that immigration requires to apply for the extension.

In preparation for doing the marriage registry I suggest you have your marriage certificate legalized before leaving the US.

Info for the first step is here. https://travel.state.gov/content/travel/en/records-and-authentications/authenticate-your-document/office-of-authentications.html After the authentication is done it will need to be legalized at the Thai embassy in the US.

 

With all that, wouldn't it be easier to just register the marriage anew at the amphur?

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9 minutes ago, bubba said:

With all that, wouldn't it be easier to just register the marriage anew at the amphur?

You can only get married once. You would have lie on the affirmation of permit marry done at the embassy to do it.

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7 hours ago, upu2 said:

I would say yes you do. The local Ampur would be the place to start as they register marriages.

One thing which I am not sure if it still applies but in the past Thailand did not recognise a marriage unless it was conducted as a Buddhist wedding. Could well have changed as I say but worth checking on.

I think you have it the wrong way around a Buddhist ceremony is not accepted as a legal marriage and cannot be registered.

My Thai wife and I married in Australia many years ago  In a non Buddhist wedding and had no problem registering it here.

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On 2/20/2021 at 8:42 AM, BritTim said:

If this was ever true, it must have been about 100 years ago. It is certainly not true today. Indeed, a village wedding that includes a Buddhist ceremony is not sufficient to be considered officially married. If you marry in Thailand, the marriage must be done and registered by an official at the amphoe, and you need an affirmation of freedom to marry from your embassy. Even then, some amphoes will refuse to marry you unless offered financial inducements.

No it was in the 80's and may well still be true. Research it before you take a definitive stance. Things dont change quickly in Thailand if indeed they ever change.

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On 2/20/2021 at 9:21 AM, StevieAus said:

I think you have it the wrong way around a Buddhist ceremony is not accepted as a legal marriage and cannot be registered.

My Thai wife and I married in Australia many years ago  In a non Buddhist wedding and had no problem registering it here.

Thailand is a BUddhist country and like all countries marriages are conducted in the faith of the country. It would be nice if you could pick and chose I agree but unfortunately soverign states are not really into that option

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2 hours ago, upu2 said:

No it was in the 80's and may well still be true. Research it before you take a definitive stance. Things dont change quickly in Thailand if indeed they ever change.

 

I can find no evidence at all that a Buddhist ceremony has ever been required for official registration of a marriage in Thailand. The first time official registration was mentioned in Thai law was in 1935 (see http://web.krisdika.go.th/data/outsitedata/outsite21/file/Family_Registration_Act_BE_2478_(1935).pdf) and changes since have mainly revolved around what happens to the name of the woman, and her salutation, following marriage.

 

It is no doubt true that in some villages (and possibly still today) a marriage would not have been considered valid unless solemnised in a religious ceremony (Buddhist, Islamic, Christian, Brahmin etc.) but this did not affect the official recognition of the marriage.

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10 minutes ago, BritTim said:

 

I can find no evidence at all that a Buddhist ceremony has ever been required for official registration of a marriage in Thailand. The first time official registration was mentioned in Thai law was in 1935 (see http://web.krisdika.go.th/data/outsitedata/outsite21/file/Family_Registration_Act_BE_2478_(1935).pdf) and changes since have mainly revolved around what happens to the name of the woman, and her salutation, following marriage.

 

It is no doubt true that in some villages (and possibly still today) a marriage would not have been considered valid unless solemnised in a religious ceremony (Buddhist, Islamic, Christian, Brahmin etc.) but this did not affect the official recognition of the marriage.

Do you want a Thai marriage certificate? It has dvantages such as if you want a long term visa the required money to b deposited is a lot less.

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32 minutes ago, upu2 said:

Do you want a Thai marriage certificate? It has dvantages such as if you want a long term visa the required money to b deposited is a lot less.

You receive an official Thai marriage certificate (what is required for visas and extensions from immigration) as a result of meeting the requirements for marriage registration. I have no intention currently of marrying. If I did, I doubt I would care about anything other than an official marriage certificate.

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7 hours ago, upu2 said:

No it was in the 80's and may well still be true. Research it before you take a definitive stance. Things dont change quickly in Thailand if indeed they ever change.

There is no requirement to have had a wedding ceremony of any kind to register a marriage at a Amphoe.

My wife and I registered our marriage in 2001 before we had the ceremony about 3 weeks later.

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On 2/22/2021 at 12:37 AM, upu2 said:

Thailand is a BUddhist country and like all countries marriages are conducted in the faith of the country. It would be nice if you could pick and chose I agree but unfortunately soverign states are not really into that option

I understand that in some countries even although you marry in a religious ceremony you then have to register or go through some process at a government facility.

I seem to recall although I am sure someone will correct me if wrong, that in the UK many years ago only a Church of England Minister could “ legally” marry a couple and if married in another faith you had then to go through a process referred to above.

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On 2/19/2021 at 4:29 PM, ubonjoe said:

If you plan on applying for a extension of stay based upon being married to a Thai based upon marriage to a Thai your foreign marriage must be registered at Amphoe to get a Kor Ror 22 foreign marriage registry that immigration requires to apply for the extension.

In preparation for doing the marriage registry I suggest you have your marriage certificate legalized before leaving the US.

Info for the first step is here. https://travel.state.gov/content/travel/en/records-and-authentications/authenticate-your-document/office-of-authentications.html After the authentication is done it will need to be legalized at the Thai embassy in the US.

Thank you UbonJoe for this valuable info.  I'll get started on this right away.  That'll be one less thing to do when in Thailand.

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On 2/21/2021 at 12:34 PM, upu2 said:

Do you want a Thai marriage certificate? It has advantages such as if you want a long term visa the required money to b deposited is a lot less.

 

I ultimately want Thai Citizenship.  From what I've researched, I need a job for 3 years and pay taxes to the government based on that income.  A marriage visa would allow me to obtain a work permit, not so with an Elite or a Retirement visa. 

 

Can a board member comment whether or not an investment visa or business visa would allow me to obtain a work permit?

 

Thank you,

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50 minutes ago, wtboatr said:

Can a board member comment whether or not an investment visa or business visa would allow me to obtain a work permit?

To get a work permit you need to be working for a registered Thai company or partnership and be a on a non immigrant visa that allows you work. The most common visa used for working is a non-b visa that is what issued for investment or business.

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On 2/22/2021 at 4:59 PM, ubonjoe said:

To get a work permit you need to be working for a registered Thai company or partnership and be a on a non immigrant visa that allows you work. The most common visa used for working is a non-b visa that is what issued for investment or business.

If I were to invest 10 Million Baht in a profitable enterprise that includes land, buildings, equipment, and a staff of at least 4 Thai's, would I be able to work as an owner & manager of my business to fulfill the work requirements towards the citizenship application?  My company would pay me a monthly salary to work and grow the business.

 

Also, what is a registered Thai company?  Is this just a company with good legal standing such as corporations that is chartered by the State?  Or is this a special type of company that allows hiring of foreigners?

 

Thank you,

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10 hours ago, wtboatr said:

Also, what is a registered Thai company?  Is this just a company with good legal standing such as corporations that is chartered by the State?

All companies must be registered at the Ministry of Commerce to be legal. A certain amount of registered capital must declared when doing the registration. To apply for a work permit requires at least 2 million baht of registered capita.

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On 2/24/2021 at 5:06 PM, ubonjoe said:

All companies must be registered at the Ministry of Commerce to be legal. A certain amount of registered capital must declared when doing the registration. To apply for a work permit requires at least 2 million baht of registered capita.

Thank you Ubon Joe for the information. 

 

Shortly after I move to Thailand permanently, I will form a company with 2 - 10 Million Baht of registered capital.  I will then put myself on the payroll as Start-up Manager.  My responsibilities initially will be to form the business, procure real estate, and oversee construction of a facility that will ultimately sell goods and services to the public.  In time, staff will be added to support the business activities.  My position will change from Start-up Manager to Business Development Manager.  My job will be to grow the business.  I will pay taxes on my income over the course of 3 years and apply for Thai Citizenship.

 

Do you think I will be able to obtain a work permit in Thailand to build a company of which I own 100% of the shares?  As the sole owner of the company, am I allowed to apply for a work permit to hire myself?

 

Many thanks,

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58 minutes ago, wtboatr said:

Do you think I will be able to obtain a work permit in Thailand to build a company of which I own 100% of the shares?  As the sole owner of the company, am I allowed to apply for a work permit to hire myself?

You cannot be the sole owner of the company. You will have to have Thai shareholders to register it unless you are from a country that has a treaty that allows it (USA has a amity treaty).

Edit: I suggest you look at this BOI business guide.

https://www.boi.go.th/upload/content/A Business Guide to thailand 2019.pdf

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