Visa
LGBT Expats: Moving to Thailand from the USA
Thailand has earned a reputation as one of the most inclusive and welcoming countries for the LGBT+ community. The wide ranging social acceptance of the LGBT+ community has now also received legal recognition and backing through the Marriage Equality Act coming into effect as of January 2025.
The Marriage Equality Act, provides LGBT expats with increased legal protections, including equal rights in marriage and family matters, making Thailand one of the most LGBTQ friendly places to live in Asia. The Marriage equality act also makes it easier for eligible people to move to Thailand due to extended visa rights.
Key points
- Thailand legalized same-sex marriage in January 2025, granting LGBTQ+ couples equal rights in marriage, inheritance and other rights.
- The Thai Marriage Equality Act enables LGBTQ+ couples to make medical decisions for partners, access state pensions, and provides possibilities for foreign partners to reside in Thailand.
- Visa options for LGBTQ+ expats have expanded, including marriage visas for those with Thai spouses and dependent visas for partners of work visa, retirement visa, or LTR visa holders. This has made moving to Thailand a lot easier for same sex couples.
- Thailand’s reputation as an LGBTQ+ friendly destination is supported by protective labor laws, advanced gender-affirming healthcare services, and a socially accepting culture with inclusive spaces in major cities.
- Same-sex foreign couples can now marry in Thailand and receive legal recognition, with the marriage being registered at local district offices after providing required documentation.
- The lower cost of living in Thailand is also a significant attraction.
Why is Thailand Considered to be One of the Most LGBTQ Friendly Places to Live?
Thailand has been considered as one of the world’s leading LGBTQ friendly destinations for a long time. Thailand has a very long and open culture and history when it comes to accepting the LGBTQ community. This diversity and acceptance has made moving to Thailand a top choice for members of the LGBTQ community.
The popularity of Thailand as a destination for an LGBT expat is based upon the following:
Progressive Legal Framework
Thai labor laws protect individuals from discrimination based on sexual orientation and gender identity, which has resulted in a more inclusive and equal workplace environment.
Having such a legal framework has created opportunities for transgender individuals, who actively contribute to various industries, including entertainment, fashion, and corporate sectors in Thailand.
Healthcare and Transgender Rights
Thailand is internationally recognized as a global leader in gender-affirming surgeries and related healthcare services, attracting thousands of clients from around the world each year. Thailand has earned a reputation for its highly skilled surgeons, state-of-the-art medical facilities, and competitive pricing, resulting in the country has become a preferred destination for individuals requiring gender-affirming procedures.
Cost of Living and Lifestyle
The cheaper cost of living in Thailand, compared to Europe has made it a top destination for LGBTQ expats seeking a comfortable and open lifestyle. Major cities such as Bangkok, Chiang Mai, and Phuket are considered as some of the most friendly and LGBTQ friendly cities in the world, with a large number of inclusive bars, clubs and job opportunities.
There are also lots of LGBT events such as the Bangkok Pride Parade and the annual White Party Bangkok, both of which celebrate diversity and equality.
Thailand offers a large variety of LGBTQ-friendly social spaces, including cafes, coworking hubs, and healthcare facilities and hospitals, which allow the LGBTQ community to have a safe and comfortable lifestyle.
However, until recently, the legal system did not reflect the social viewpoints, and simple things such as marriage and inheritance rights did not exist for same sex couples. This was especially problematic for foreign nationals in same sex relationships and long term visas were not available to them, like foreign nationals in hetrosexual relationships.
Thailand has recently legalized same-sex marriage, which officially took effect on January 23, 2025. The legislation of same-sex marriage allows same-sex couples to enjoy the same legal rights as heterosexual couples, including marriage, adoption, and inheritance rights.
What is the Marriage Equality Act?
The Marriage Equality Act modifies the existing definitions of marriage, substituting the terms “men and women” and “husband and wife” with more inclusive language such as “individuals” and “marriage partners.” This significant change grants LGBTQ+ couples the same legal rights and benefits enjoyed by heterosexual couples.
As well as allowing members of LGBTQ+ to get married, the Marriage Equality Act and the corresponding amendment to the Civil and Commercial Code will grant LGBTQ+ couples the ability to:
- establish families,
- designate partners as estate executors,
- make medical decisions for ill or incapacitated partners,
- extend personal financial benefits, including state pensions, to their spouse,
- and provide a pathway for foreign partners to reside in Thailand.
What are the Visa Rights in Thailand for the LGBT Expats?
Now same sex marriage is legal in Thailand, the visa options for LGBT expats has greatly incrased. Due to this legislation, the following visa options are available.
Marriage Visa
If the foreign spouse is married to a Thai national, they will be eligible for a Non-Immigrant O visa based on marriage.
Marriage visas (Non-Immigrant O) are single or multiple entry visas which allow the holder to stay in Thailand for an initial 3 month period of stay. Marriage visas can be extended for a further year at any Thai immigration office. Year long extensions are available indefinitely as long as the following criteria is satisfied:
- Applicants must be married to a Thai national.
- Security deposit of THB 400,000 in a Thai bank account for 2 months prior to the application or,
- Have a monthly Income of 40,000 THB
Another important consideration for the Marriage visa is the ability for the holder to be able to obtain a work permit. Holders of this visa are eligible for a work permit and do not need to change to a Non-Immigrant B visa.
Dependent Visa
Most Thai visas held by a foreigner allow their legal spouse the ability to move to Thailand with their spouse on a dependent visa. Common examples of this includes:
- Non-Immigrant B visa (working/business visa)
- Destination Thailand Visa (DTV or the digital nomad visa)
- Long Term Residency Visa (LTR)
- Retirement Visa
A dependent visa in Thailand allows family members of the main visa holder to reside in Thailand legally. This type of visa is typically issued to spouses, children, or other dependents of individuals who hold certain long-term visa types, such as work visas, retirement visas, or long-term resident (LTR) visas.
The validity of the dependent visa is tied to the validity of the main visa holder’s visa, so they will both be valid for the same period of time. The renewal of a dependent visa must be done at the same time as the main visa holder’s renewal process.
Unlike holders of the marriage visa, holders of a dependent visa are not permitted to work. If they wish to work they must obtain a Non-Immigrant B visa and a work permit. Please note, dependents under the LTR visa are permitted to work as they are eligible to receive a digital work permit.
Can Same Sex Foreign Couples get Married in Thailand?
Thailand now permits both a foreign and Thai national, as well as 2 foreign nationals, with neither being Thai, to register their marriage at a local Amphur (district) office. This is available for both same sex and hetrosexual couples. The Registrar at the Amphur will register the marriage and issue a Marriage Certificate. Upon the completion of the registration, the marriage will be legally valid and recognized all over the world (assuming the foreign country recognises same sex marriage).
Once they have received their marriage certificate, Foreigners must declare their marriage to their home Government or at their respective Embassy/Consulate in Thailand. Marriage certificates will be issued in the Thai language, therefore, a valid translation will need to be obtained.
What are the requirements for getting married as a foreigner in Thailand?
Registering a marriage in Thailand requires documentation from both the bride and groom.
Firstly, please find below the basic requirements needed for a foreigner to register a marriage in Thailand:
- Original Passport
- Affidavit of Freedom to Marry (also known as “Single Status Certificate”). This is obtained from the Foreigner’s Embassy or Consulate and is used to prove that the foreigner is legally able to marry.
- A certified copy of the Foreigner’s Passport (the copy can be certified by either their Embassy/Consulate or by a Thai Notary Public)
- Divorce Certificate or Death Certificate (if applicable)
The requirements for a Thai Citizen to register a marriage are as follows:
- Thai ID Card
- House Registration (Tabien Baan)
- Certificate of Name Change (If applicable)
- Divorce Order or Death Certificate (if applicable)
Please note that each District Office (who are responsible for marriage registrations) in Thailand have the right to request any further documents they see fit to support the marriage registration.
How can Belaws help?
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Please note that this article is for information purposes only and does not constitute legal advice.
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Frequently asked questions
Is same-sex marriage legal in Thailand?
Yes, Thailand legalized same-sex marriage in January 2025 with the Marriage Equality Act, granting LGBTQ+ couples the same legal rights as heterosexual couples.
What rights does the Marriage Equality Act provide to LGBTQ+ couples?
The act grants equal rights in marriage, inheritance, adoption, and family matters. It also allows LGBTQ+ partners to make medical decisions, access state pensions, and enables foreign partners to reside in Thailand through visa extensions.
Can same-sex foreign couples get married in Thailand?
Yes, same-sex couples, whether one or both partners are foreign can legally marry in Thailand by registering their marriage at a local Amphur (district office).
What documents are needed for a foreigner to get married in Thailand?
- Original passport
- Affidavit of Freedom to Marry (obtained from the foreigner’s embassy/consulate)
- Certified copy of passport
- Divorce or death certificate (if applicable)
A Thai partner will need their Thai ID card, House Registration (Tabien Baan), and any necessary name change or divorce documents.
What visa options are available for LGBTQ+ expats moving to Thailand?
LGBTQ+ expats now have several visa options:
- Marriage Visa (Non-Immigrant O Visa): For those married to a Thai citizen, allowing long-term residency and work eligibility.
- Dependent Visa: Available for legal spouses of foreigners holding work, retirement, or long-term residence visas. (Holders cannot work unless on an LTR visa.)
Is Thailand an LGBTQ-friendly country?
Yes, Thailand is one of the most LGBTQ-friendly countries in Asia. It has:
- Protective labor laws against discrimination.
- Advanced healthcare, including gender-affirming procedures.
- A vibrant LGBTQ+ social scene in major cities like Bangkok, Chiang Mai, and Phuket.
- LGBTQ events such as Bangkok Pride and the White Party Bangkok
What are the benefits of living in Thailand as an LGBTQ+ expat?
- Legal recognition of same-sex marriage and expanded visa options.
- Lower cost of living compared to Western countries.
- LGBTQ-inclusive spaces (bars, clubs, coworking spaces, healthcare facilities).
- Opportunities for work, especially for skilled professionals.
Can same-sex couples inherit from each other in Thailand?
Yes, the Marriage Equality Act allows same-sex couples to inherit assets, designate estate executors, and make financial arrangements just like heterosexual couples.
Do LGBTQ+ expats have access to gender-affirming healthcare in Thailand?
Yes, Thailand is a global leader in gender-affirming surgeries and healthcare services, offering world-class medical facilities at competitive prices.
Is a marriage registered in Thailand recognized internationally?
A Thai marriage certificate is legally valid in Thailand, but its recognition abroad depends on the laws of the foreign partner’s home country. Some countries may require additional legal steps for recognition.
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