A hypothetical example shows the Thai spouse of a UK citizen who was denied of a UK spouse visa despite the two being married. The couple showed all of their wedding pictures. From the sophisticated entourage to the solemn exchange of views officiated by Buddhist monks, the couple presented more pictures than needed. How come this did not satisfy the consular officer? Why was the application denied? Do they have the right to file an appeal?Marriage in Thailand
To determine the answers to the previous questions, it is best to understand the basics of marriage in Thailand
. The country has two (2) types of marriages. First is the ceremonial one. This type heavily observes the Buddhist influence wherein wedding rituals and practices are readily practiced. However, this is purely ceremonial, which means that its completion does not validate the marriage. For a valid marriage to occur, the couple simply needs to go to the amphur or the civil registry office to complete the marriage registration in Thailand
. Immediately thereafter, they will be issued with a marriage certificate.UK spouse visa and denial
Going back to the previous example, the denial is justifiable, most especially if they failed to show documentary proof of their marriage. A legally valid marriage is an integral requirement of the UK spouse visa. The failure to demonstrate this to consular officers automatically results in denial. One should expect the same results if the decision is contested. This is something that cannot be waived even if the couple has a child.The solution
If the couple was confused because of the validity issues of the ceremonial marriage, all they need to do is meet the necessary conditions of having a legal marriage in Thailand, and go to the amphur to obtain their marriage certificate. Since the UK spouse visa does not observe any timeframe with regards to reapplication, the couple can immediately lodge a new application.
This article was provided by Siam Legal, an international law firm with offices in Bangkok, Chiang Mai, Hua Hin, Pattaya, Phuket, and Samui. Siam Legal publishes guides to marrying in Thailand
on its website.
Siam Legal International
Interchange 21 Building, 23rd Floor, 399 Sukhumvit Road
North Klongtoey, Wattana, Bangkok 10110
Tel: 662 259-8100