Go Back   English Forum Switzerland > Help & tips > Family matters/health
Reply
 
Thread Tools Display Modes
  #1  
Old 08.03.2015, 16:39
Newbie
 
Join Date: Jun 2014
Location: Zurich
Posts: 3
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
charlies has no particular reputation at present
Marriage - EU citizen B permit with non-EU citizen. Attorney/lawyer recommendations ?

Dears,

my situation is as follows:
I (male) EU-citizen living in switzerland on a B-permit, with permanent job.

I am considering getting married to my girlfriend who is non-EU, but has a student visum currently for Netherlands (schengen). We know eachother for 4 years.

My understanding is that i can get married in Switzerland since i have a B-permit, but i am confused on the situation with my grielfriend who is non-eu. I read that she needs a valid visa for switzerland BEFORE we can enter into the marriage and before we can start the procedure. I assume her Netherlands student visa, which is a schengen visa and allows travel to switzerland should be ok for this ? But she is not registered in switzerland as she lives in the netherlands and only comes here sometimes for the weekend. Is this 'student' schengen visum sufficient ?


I have a number of other questions, such as marriage contracts etc and i think i best discuss with a qualitfied lawyer/attorney. is there anybody who can recommend a marriage attorney based around zurich who speaks english ?

I want to have everything done correct and clean to avoid issues down the line.

thanks if anybody could recommend a lawyer/attorney specialised in marriage law (and the eu -Non-EU complications)

regards
Reply With Quote
  #2  
Old 08.03.2015, 16:41
Island Monkey's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Wallis
Posts: 3,383
Groaned at 62 Times in 32 Posts
Thanked 2,966 Times in 1,470 Posts
Island Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond repute
Re: Marriage - EU citizen B permit with non-EU citizen. Attorney/lawyer recommendatio

Quote:
View Post
Dears,

my situation is as follows:
I (male) EU-citizen living in switzerland on a B-permit, with permanent job.

I am considering getting married to my girlfriend who is non-EU, but has a student visum currently for Netherlands (schengen). We know eachother for 4 years.

My understanding is that i can get married in Switzerland since i have a B-permit, but i am confused on the situation with my grielfriend who is non-eu. I read that she needs a valid visa for switzerland BEFORE we can enter into the marriage and before we can start the procedure. I assume her Netherlands student visa, which is a schengen visa and allows travel to switzerland should be ok for this ? But she is not registered in switzerland as she lives in the netherlands and only comes here sometimes for the weekend. Is this 'student' schengen visum sufficient ?


I have a number of other questions, such as marriage contracts etc and i think i best discuss with a qualitfied lawyer/attorney. is there anybody who can recommend a marriage attorney based around zurich who speaks english ?

I want to have everything done correct and clean to avoid issues down the line.

thanks if anybody could recommend a lawyer/attorney specialised in marriage law (and the eu -Non-EU complications)

regards
As she is non-EU but has a Dutch residence permit… it would probably be much easier for you to get married in the Netherlands.
Reply With Quote
  #3  
Old 08.03.2015, 18:03
Newbie
 
Join Date: Jun 2014
Location: Zurich
Posts: 3
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
charlies has no particular reputation at present
Re: Marriage - EU citizen B permit with non-EU citizen. Attorney/lawyer recommendatio

Quote:
View Post
As she is non-EU but has a Dutch residence permit… it would probably be much easier for you to get married in the Netherlands.
Not really i think, as i have no connections with Netherlands (i am not dutch) and she has no income (she is studying) and dutch laws are even more restricted/complicated, e.g. needs proof of income etc which would not be possible since she has no income in netherlands ... and she is currently just on a student visum ...

I think marrying in Switzerland is more straight forward since i have an income here + required papers ... ? + it also seems like the more 'correct' thing to do as in the end we want to live in switzerland, and otherwise i have to get a foreign marriage translated and registered again here ... ?
Reply With Quote
  #4  
Old 08.03.2015, 21:44
Jim2007's Avatar
Forum Veteran
 
Join Date: Jun 2006
Location: Kt. Bern
Posts: 2,094
Groaned at 34 Times in 32 Posts
Thanked 2,079 Times in 1,063 Posts
Jim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond repute
Re: Marriage - EU citizen B permit with non-EU citizen. Attorney/lawyer recommendatio

Quote:
View Post
I think marrying in Switzerland is more straight forward since i have an income here + required papers ... ? + it also seems like the more 'correct' thing to do as in the end we want to live in switzerland, and otherwise i have to get a foreign marriage translated and registered again here ... ?
Have you actually checked the rules? It would appear it is not possible for you to get married in Switzerland:

Quote:
Requirements

To get married, you must meet the following legal requirements:
  • The person you want to marry must be of the opposite sex;
  • You must both be over the age of 18 and have the capacity to consent;
  • If either of you are not Swiss citizens, you must be lawfully resident in Switzerland at the time of marriage.
I must say this surprised me because when I got married here over 25 years ago I was an unemployed non-resident, marrying a Swiss student!

Here is also a link about getting married abroad, note that you need to contact your community about this as well:

Quote:
If you and your future spouse are both foreign nationals
You must contact the register office for foreign nationals in your future canton of residence. It is responsible for the marriage recognition procedure.
I hope you find these links of some use.
Reply With Quote
  #5  
Old 08.03.2015, 21:48
Brownie's Avatar
Member
 
Join Date: Sep 2006
Location: ZG
Posts: 173
Groaned at 0 Times in 0 Posts
Thanked 14 Times in 14 Posts
Brownie has no particular reputation at present
Re: Marriage - EU citizen B permit with non-EU citizen. Attorney/lawyer recommendatio

Since you're an EU citizen, wouldn't be easier to get married in your country of origin? Just a thought...
Reply With Quote
This user would like to thank Brownie for this useful post:
  #6  
Old 08.03.2015, 21:55
Island Monkey's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Wallis
Posts: 3,383
Groaned at 62 Times in 32 Posts
Thanked 2,966 Times in 1,470 Posts
Island Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond repute
Re: Marriage - EU citizen B permit with non-EU citizen. Attorney/lawyer recommendatio

Quote:
View Post
Have you actually checked the rules? It would appear it is not possible for you to get married in Switzerland:



I must say this surprised me because when I got married here over 25 years ago I was an unemployed non-resident, marrying a Swiss student!

Here is also a link about getting married abroad, note that you need to contact your community about this as well:



I hope you find these links of some use.
Really?? I know of people who come to Switzerland for "destination weddings" in these cases neither are Swiss residents.
Reply With Quote
  #7  
Old 08.03.2015, 22:50
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 13,554
Groaned at 171 Times in 135 Posts
Thanked 9,676 Times in 5,522 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Marriage - EU citizen B permit with non-EU citizen. Attorney/lawyer recommendatio

Isn't this why Switzerland issues a fiance visa to couples intending to get married? So that they are both resident in the country at the time of the wedding.

Still, the concensus on the forum is that it's usually easier and quicker to get married in your home country rather than try and do it here. If you're EU then it shouldn't be too difficult for her to arrange to go to your home country for the ceremony.
Reply With Quote
  #8  
Old 08.03.2015, 23:02
miniMia's Avatar
Forum Legend
 
Join Date: Apr 2007
Location: romandie
Posts: 8,865
Groaned at 86 Times in 77 Posts
Thanked 7,412 Times in 3,740 Posts
miniMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond reputeminiMia has a reputation beyond repute
Re: Marriage - EU citizen B permit with non-EU citizen. Attorney/lawyer recommendatio

Your girlfriend needs to go the Swiss consulate and inform them that she wants to marry someone resident in Switzerland. They will tell her what needs to be done and what papers you both need to gather and send to them.

"Les fiancés suisses et étrangers résidant ŕ l’étranger ont la possibilité de déposer leur demande par l’intermédiaire de la représentation diplomatique ou consulaire compétente."

Google says that means:
"Swiss and foreign fiances living abroad have the opportunity to submit their application through the relevant diplomatic or consular representation."
(it's to late to do a manual translation)

Source:
http://www.vd.ch/themes/vie-privee/e...s-necessaires/
__________________
Reply With Quote
  #9  
Old 09.03.2015, 00:16
GreenAvocado's Avatar
Newbie 1st class
 
Join Date: Jun 2014
Location: Zurich
Posts: 20
Groaned at 0 Times in 0 Posts
Thanked 4 Times in 3 Posts
GreenAvocado has no particular reputation at present
Re: Marriage - EU citizen B permit with non-EU citizen. Attorney/lawyer recommendatio

Switzerland does not allow residency of non-EU without marriage. Co-habitation is not recognised for EU+non-EU unions, except for gays (I'm sure I read this somewhere). EU countries accept co-habitation. Switzerland explicitly refuses.
Don't complicate a simple issue. Get married in either one of your country of citizenship (e.g. non-EU). In that country visit the embassy of the other country (e.g. EU) to register marriage. After that you will be in possession of 2 marriage certificates, non-EU and EU recognised marriage certificates. Non-EU spouse comes to Switzerland using Dutch schengen student visa as usual. Register spouse at your local council/canton with both marriage certificates (or one) and the EU spouse-Swiss work permit. Non-EU spouse will get Swiss residence permit and permission to work with exact (expiration) dates as EU spouse.
Non-EU spouse obtains Swiss residency with no questions asked; it's very easy and fast. Residence card is issued within a month.
The only challenging part is getting married. Some countries demand police clearance, and a lot of documents and vetting before allowing marriage to a foreigner. And some embassies conduct interviews plus demand lots of documentation.
The whole foreign marriage thing demands a great deal of patient paper work in your individual countries and depending on red tape, you really need to be committed (to each other!!) to see it through.
My country passed changes to the law about foreign marriages a few days before our wedding without our knowledge and added hurdles. It was stressful and the marriage certificate was withheld, but we finally got all the papers approved. We also had an embassy interview. A few minutes together and then separate to see if our answers matched. Funny questions - why did you choose to marry? what work does your spouse do? do your families like each other and do they like you? how will you handle moving to Switzerland?


All the best with the pending nuptuals!!
Reply With Quote
  #10  
Old 09.03.2015, 00:21
Newbie
 
Join Date: Mar 2015
Location: Zurich
Posts: 5
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Lares81 has no particular reputation at present
Re: Marriage - EU citizen B permit with non-EU citizen. Attorney/lawyer recommendatio

Thanks for the coments, It is algo Helping me, my girlfriend is not EU and planning to get married
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
EU citizen with B permit + non EU husband pampuska Permits/visas/government 11 10.10.2014 12:26
Working outside Switzerland on a B Permit (thru marriage) non EU citizen. kiwiguide Permits/visas/government 9 11.06.2014 12:20
EU citizen with L permit engaged to a Non-EU citizen coolgyal Permits/visas/government 3 05.08.2013 22:29
Non-EU citizen married to an EU-citizen. Can she work in Switzerland? yovoda Permits/visas/government 4 10.12.2009 11:01
Non EU-citizen, wife of EU-citizen did not get same permit as husband!!! Marion Permits/visas/government 6 03.05.2007 10:20


All times are GMT +2. The time now is 09:56.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0