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Old 03.08.2016, 22:22
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Revoking spouse's dependent B permit

Hi All

I am an EU citizen married to a non EU lady for almost 1.5 years. She joined me here in Switzerland about 8 months ago and very soon I realised that she is extremely dishonest and is here for the opportunities rather than for a respectful and loving relationship with me. She is on a B permit based on my B permit which is valid for another 1.5 years and I am currently unemployed and so is she (her language skills are basic and she is taking classes).

My questions is how easy is it to revoke her permit? She is currently abroad and I really do not wish to live with her anymore and don't want to be liable for her maintenance for too long. Can I for example ask the migrations office that I no longer wish to live with her? What are my options? In the worst case I am prepared to deregister myself from Switzerland and start a new life in my home country. Any suggestions/advice is much appreciated.
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Old 03.08.2016, 22:37
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Re: Revoking spouse's dependent B permit

My suggestion would be to speak to a proper lawyer about your options, instead of getting opinions from the armchair lawyers on EF.
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Old 03.08.2016, 22:46
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Re: Revoking spouse's dependent B permit

Either deregister or divorce, nothing else will work permit-wise. So long as she is married to you and you have a Swiss resident permit she's entitled to one as well. More on divorce here:

https://www.ch.ch/en/divorce/

However bear in mind that just leaving will not exempt you from any maintence claims she may make here or in your home country should she decide to pursue a divorce herself. And you would probably need her agreement/signature for any divorce proceedings you initiate here or in your home country. So you're going to end up paying sooner or later no matter which route you take, especially if you want to get married again later on.

As the marriage has lasted for such a short time, getting a divorce here may be your best option. Have a read of the info in the link, consult a lawyer specialising in divorce and take it from there.
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Old 04.08.2016, 00:02
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Re: Revoking spouse's dependent B permit

Thanks Medea..I talked to a lawyer today and he seemed pretty confident that her visa could easily be revoked as she is here only for marriage purpose and if she challenged the decision, she could fight for 3 months or so but will eventually have to leave. You say she can stay here without a divorce but that is not what he suggested...Another said I can deregister her while she was abroad..which seems difficult to believe..
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Old 04.08.2016, 00:27
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Re: Revoking spouse's dependent B permit

As she is non-EU and there are no kids, the authorities might be a bit more ... enthusiastic about removing another welfare case before it even begins.

Though, of course, it could also be that the lawyer really wants OP as customer.
After the court has decided differently, he'll be very sorry, of course. And send you what? A 10k bill or whatever a divorce costs...
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Old 04.08.2016, 00:32
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Re: Revoking spouse's dependent B permit

Maybe declare it a sham marriage. The criminal charges might work out cheaper than a divorce
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Old 04.08.2016, 08:48
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Re: Revoking spouse's dependent B permit

I'm not sure about the length of time she'd be able to fight for. So long as any legal proceedings are going on she still has her permit/permission to stay until a decision is made as far as I know. I don't know whether she could appeal any decision, dragging the process out even longer. Or as adrianlondon points out what the consequences for you would be if it's decided it is a sham marriage.

As for staying here without a divorce, that will depend on what the laws/rules are regarding separation. One of the conditions for getting her permit is that she lives with you so if you're living in separate places that condition isn't met. But there are exceptions made in cases of physical and/or mental abuse for example so it would depend on whether she brought such allegations. But I'm no lawyer so if they think she'd lose the permit with just separation that may be right.

Regarding the deregistration while she's abroad I would confirm that with the cantonal migration office or even SEM before attempting to do it. While it may be possible it still doesn't get you out of the marriage and that's going to have to be dealt with sooner or later.
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Old 04.08.2016, 09:39
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Re: Revoking spouse's dependent B permit

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Maybe declare it a sham marriage. The criminal charges might work out cheaper than a divorce
That would incriminate OP, too.

OP, since your wife came here based on the right for "Familennachzug" you two must live in the same household. Once either moves out that right automatically disappears.

Contact Einwohnerdienste in Uetikon for definitive info.

No idea if you are liable to support her. I would think that currently you are as officially everything's still fine and you probably signed to do just that as part of the Familiennachzug, but moving out or filing for divorce may well change that. Probably the Einwohnerdienste above know the details as well.
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Old 04.08.2016, 09:48
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Re: Revoking spouse's dependent B permit

Wonderful these "mail order brides".........

Your married legally and to get out of it their will certainly be some financial consequences. Wether you pay her a bit more or a lawyer a bit more, the calculation will be about the same at the end of the day.

Best to try and start a dialogue and reach a mutual agreement, far less stressful and cheaper too usually.
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Old 04.08.2016, 09:57
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Re: Revoking spouse's dependent B permit

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Wonderful these "mail order brides".........
Bit unfair that, you don't know the background. Plenty of people meet women abroad who at the time seem to be the one but turn out to want nothing more than a trip to a better life. Happens to women too.
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Old 04.08.2016, 10:01
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Re: Revoking spouse's dependent B permit

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Maybe declare it a sham marriage. The criminal charges might work out cheaper than a divorce
Or shoot her, if you play your cards right you can be out again in 10 or even sooner, probably the cheapest, fastest and easiest way to get out of this.
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Old 04.08.2016, 10:12
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Re: Revoking spouse's dependent B permit

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Hi All

I am an EU citizen married to a non EU lady for almost 1.5 years. She joined me here in Switzerland about 8 months ago and very soon I realised that she is extremely dishonest and is here for the opportunities rather than for a respectful and loving relationship with me. She is on a B permit based on my B permit which is valid for another 1.5 years and I am currently unemployed and so is she (her language skills are basic and she is taking classes).

My questions is how easy is it to revoke her permit? She is currently abroad and I really do not wish to live with her anymore and don't want to be liable for her maintenance for too long. Can I for example ask the migrations office that I no longer wish to live with her? What are my options? In the worst case I am prepared to deregister myself from Switzerland and start a new life in my home country. Any suggestions/advice is much appreciated.
Without knowing any details, I'd second Today only's suggestion of dialogue, and giving her the option of finding a way to stay here.
It must not be easy to go back home and be seen as a "failure", and if I were her I'd fight tooth and nail to stay, and on top of it do my best to make your life miserable. Not the best case for you...
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Old 04.08.2016, 10:26
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Re: Revoking spouse's dependent B permit

May friend separated this year from her husband. His permit was connected to hers. She told the authorities he was no longer living with them and they stop his permit right away as he moved back to his country.
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Old 04.08.2016, 10:52
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Re: Revoking spouse's dependent B permit

Yes, but it sounds as if he made the choice to move. What would happen if he hadn't? From the OP's post it doesn't sound like his wife will want to be moving anywhere.
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