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There are a number of countries around the world that do recognized same-sex marriage. The question is which countries recognized the rights of same-sex couples. Lets look at a small sample of these countries.
United States:
The United States today fully recognizes same-sex marriage. This covers all of their immigration options. These we wrote about on here where we explain US Visa for same sex marriages. This also goes for the spousal visas and green card applications.
Australia:
Likewise Australia has also allowed for same-sex marriages to make use of partner visas for married and de facto same-sex couples. See also the article that we wrote on here on Australian fiancee visa for same sex couples which is included on this website.
United Kingdom:
Lastly there is also the United Kingdom that also allowed for same-sex couple to move to the UK from Thailand. The UK does recognizes same-sex marriages and civil partnerships. See the article on the UK family visa for same sex couples. There is also the UK fiancée visa for same sex couples. Lastly note that you will need to ensure that the documents are all translated correctly so see the article called translate Thai document to English.
Canada:
Likewise the are also those Canadian which allows for spousal sponsorship for same-sex couples. We do not have an article on this website for that, however speak to us about the process and see that it is treat like a standard heterosexual couple.
South Africa:
South Africa was the first African country to legalize same-sex marriage. The process is a bit more complicated. However the government does offer spousal visas for LGBTQ+ couples.
When there is a legal framework it make immigration much easier for same-sex couples. The government issuing a marriage certificate makes migration easier for the new country where you are moving to. The same goes for civil partnership registrations as well. See also the article that we wrote on same-sex marriage in Thailand for foreigners as well.
There are a number of options for same sex couples in Thailand. See what these options are so you can move back together to the United Kingdom as a same sex couple
See the options as an Australian national when you have a same sex couple relationship in Thailand. The laws should be changing soon where you can get married.
See what you will need to complete when you are applying for a US visa from Thailand for your same-sex partner. This is basically a K1 visa or US fiancee visa form Thailand.
The Marriage Equality Act in Thailand makes same sex marriage legal. Later in 2025 we will need to update this to reflect the changes made. We will watch the Civil and Commercial Code.
The Thai Gender Equality Act was also explained on this website. See what the first stop was toward the Equality Act. These changes will come about this year.
This is a long read as it covers the history of LGBTQ history in Thailand from the late 1990’s. You can see how this has moved through the legal system until today.
Challenges in Countries Without Recognition
There will be challengers when you are in a country that does not recognized same-sex marriages. These will come with many obstacles as you could imagine. Lets look at some of the most common issues. See also the article that we wrote on the history of lgbtq rights as well as the article called lgbtq visa Australia as well.
Legal Non-Recognition:
If you do not have the option to register a marriage and don’t have a marriage certificate. When you then apply for a US visa as a same sex couple or an Australian Visa for a same sex couple. Then you will need to prove the relationship. This is done by proving that you have lived together normally for 12 months. Also the photos of you together or any other proof you have to prove this.
Social Stigma:
There many countries where LGBTQ is not tolerated. Hence fewer photos from those types of countries as a couple. Thailand however is an LGBTQ friendly country. This should therefore not be an issue, but I have used it as an example.
Third-Country Solutions:
There are also those couple who get married in another country, one which none of you are citizens of. This type of third-marriage marriage raises issue and you will still need to provide other proof of your relationship. Speak to us in Bangkok as we are an LGBTQ friendly law firm.
This is one of the laws that will need to be changed this year. The definition of marriage will need to ce changed as well. This is as it is.
The Constitutional Court in Thailand changed the law when it comes to having an affair. It now no longer takes gender into account.
Marriage Visa
For those same sex couples who are living in a country where it is legal for same-sex couple can marry. They can apply for a marriage visa. Each country has their own immigration policies. See the US visa for LGBTQ couples, Australian visa for LGBTQ couples as well as the UK visa for LGBTQ couples as well. This marriage certificate will allow you to use a marriage visa and not the partner visa or fiancee visa.
Fiancé(e) Visa
Each country has a fiancee visa. The Australian prospective marriage, US fiancee visa as well as the British family visa or British fiancee visa are all available to you as a couple from Thailand.
Partner Visa (for De Facto Relationships)
Note that certain countries such as Australia do provide benefits to de facto couples who have shown their relationship is genuine. This even without a marriage certificate. Where there is recognition of same-sex marriages and partnerships, the immigration process is simplified.
This is how sexual assault when it came to the gay community had been changed to a charge of rape. This was an important step towards same sex recognition.
This was one of the final steps for same sex marriage recognition. The law was initially passed and now has been written into law.
The have been a number of issues globally where people had to flee their country because of discrimination. Below we have highlighted a few of these over the last few years.
1. Middle East Refugee: There was the case of the Syrian man who fled his country to Germany because he was to be imprisoned for advocating gay rights in the country.
2. African Lesbian Activist: Likewise the Ugandan woman who had to flee for advocating for gay rights and same-sex marriage. To escape violence she has to flee to Canada and seek asylum.
3. Transgender Asylum Seeker: There was likewise the transgender woman from Central America. This person had to flee to the United States to gain asylum do to violence at home.
Marriage equality laws have a significant impact on travel and immigration options for LGBTQ+ couples. Countries recognizing same-sex marriages include:
• Western Europe: Spain, France, Germany, and the Netherlands.
• North America: United States, Canada, and Mexico (in most states).
• Asia-Pacific: Australia, New Zealand, and Taiwan.
• Latin America: Argentina, Brazil, Colombia, and Uruguay.
• Africa: South Africa remains the sole country
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Note that these countries allow dame sex marriages. So you should be able to apply for a spouse visa or fiancee or partner visa. These will comes with all the benefits that the immigration system supports.
1. Research Local Laws:
If you are going to choose a holiday destination then research the local laws first. Common sense will tell you if this destination if a good idea for a same-sex couple. This is very important if you or your partner are camp. Lastly see the ILGA’s Sexual Orientation Laws Map which can provide up-to-date information.
Be Discreet if Necessary:
Where there are anti-LGBTQ+ laws. It is best not to show public displays of affection. Likewise as explained above, it would be best not to be camp in public either.
We at GAM Legal Alliance are a well-established law firm in Thailand. We have served many expats, locals as well the clients from the LGBTQ+ community in Thailand. We are headquartered in Bangkok and from here we have served many international clients as well. We have always offered a safe and welcoming environment for all.
Over the years we have built a solid reputation for professionalism, empathy, and expertise. We have at the firm have always been committed to understanding the unique challenges faced by our LGBTQ+ clients.
Our team team of multilingual lawyers have always ensured effective communication. This mainly for expatriates, corporates both big and small as well as to tourists. Those who over the years may have encountered legal issues during their time in Thailand. The firm’s inclusive approach extends to creating an environment where all clients, regardless of gender identity or sexual orientation, feel respected and understood.
Civil Partnerships and Family Law:
We can assist you and your partner with drafting your last will and testament. As same-sex marriage has not moved through the legal system as yet. Your partner will not be seen as a spouse under the law as of right now, until the laws change. We can also assist when you live together as an LGBTQ+ client to ensure that you have agreements in place for joint ownership over certain assets.
Immigration and Visa Assistance:
We have also kept up to date with specialized services for LGBTQ+ couples. These have been mainly those applying for partner visas or fiancee visas to the US and Australia.
We have an experienced team of legal professionals. This includes a lawyer who is very well versed in and extensive experience with LGBTQ+-related legal matters. So you will see that we are always ensuring knowledgeable and effective representation for you. We are one of the international law firms in Bangkok.
We have always had a very client-centric approach. Likewise client comfort as well as full confidentiality as well as fostering trust and transparency for all our clients. We also have a multinational team with extensive experience in different laws. This as a law firm in Thailand.
While Thailand has always been seen as an LGBTQ+-friendly environment. The legal framework for same-sex relationships and gender identity recognition is still evolving. GAM Legal Alliance is adept at navigating these complexities, offering clear, practical guidance to their clients.
For more information or to schedule a consultation, you can visit their website or contact their Bangkok office directly. Speak to us online or send us an email. We have been one of the longest expatriate law firms in the country and have seen many changes over the years. We have written before about the criminal code changes to turn sexual assault into rape for the LGBTQ+ community.
There have been many changes over the years. These are included constitutional court changes, and we have always kept up with this. This year 2025 we should also see the legal changes being promulgated through the legal system to ensure same-sex marriage and more. Speak to us today.
