Job Offer Visa Issues

Summary

You received a job offer in Thailand and were promised a visa and work permit, including your wife on your visa. After delays and the loss of your wifes passport, you discovered that same-sex marriages are not currently recognized in Thailand, complicating your visa situation. However, with the recent approval of same-sex marriage in Thailand, your situation may change once the law is officially recognized. You may hold the school liable for negligence, especially for the lost passport, but consult a local attorney for specific advice.

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I received a job offer from a school in Koh Samui, Thailand, in February, while I was living in Hong Kong. I was told I would receive a visa and work permit soon after I arrive in the country, which was at the end of February, and that they would be able to put my wife on my visa so that she can stay here. 4 months later, I have only yesterday received my work permit, they have lost my wife’s passport, and have told me that because our marriage is same-sex, they cannot put her on my visa like I was promised. I would really like to get an idea of my options, legally, as we have been put through immense amounts of stress and admin work because of their mistakes.
I'm sorry to hear about your situation, ****. To better assist you, could you please confirm if your marriage is legally recognized in the country where you got married?
Yes it is - we were married in Australia and had the marriage officially recognised by the Australian government
I'm sorry to hear about your troubles, ****. In Thailand, same-sex marriages are not legally recognized, which might be why your wife can't be put on your visa. As for the lost passport, it's important to report this to your home country's embassy in Thailand.
Thanks. Can I hold the school liable for their mistakes?
You may be able to hold the school liable for their negligence, especially for the loss of your wife's passport. However, you'll need to consult with a local attorney for specific advice. Thai law does not recognize same-sex marriages, which may complicate your visa situation.
They have just approved same sex marriage in Thailand and it is said that in 120 days it will officially be legally recognised. Would this change the situation at all?
Yes, once same-sex marriage becomes legally recognized in Thailand, it should change your situation. Your wife could potentially be added to your visa. However, the specifics will depend on Thai regulations at that time.