Does anyone know the rules for common-law marriage here in Heidiland? I think it's in terms of length of time you've LIVED together, as well as been together with your partner, but I'm not sure. I've been living with my Swiss boyfriend for two years (mostly here in Switz.) and in Canada this would be enough to qualify us as Common-law. What about here? And would this entitle me to a residence permit? Any info would help! Thks!

There is no national law at the moment regarding common-law marriage however several cantons have approved such relationships generally for homosexual unions but some cantons notably Zurich have this for hetrosexual unions as well. When you live in a canton recognizing such relationships you need to apply for the union to be recognized by the canton and then you can indeed apply for a permit - if it is recognized that is.

I have three children with my partner and appear to have no rights over the children - Maybe someone can confirm this.

What happens if my partner dies? heaven forbid!! Since we are both UK nationals we had to fight for the childrens surname to be a double barrel name made up of hersurname-mysurname which we eventually had accepted.

Therefore I don't think that there is much of a chance regarding a hetrosexual common law relationship.

Awesome, thanks. I have tried finding info about it online but only came up with same-sex unions. I heard that the canton of Zurich allows common-law between man/woman, but am not sure about Graubunden. Any ideas on where I can check or call to ask about this? I assume local authorities should know, though.

Pardon my asking: but is there any reason that you don't want to get married? You seem to have the situation of a marriage in all but name, but with all the disadvantages of not being - both in CH & the UK...

If it works why fix it, I am sure we will get married in our own time, not when we have to to forfill a government requirement. Perhaps we are just bl***y minded!!

I am seriously interested about what rights, if any I have over the children, two of which were born here, the third in the UK. We have signed a legally binding document at the British Consolate in Zurich to say that they are our children.

Sorry to English teacher about hijacking your forum, but you can see even with kids it is not easy.

No worries... hopefully you'll get some answers too - although maybe you can help me - I assume you were common-law prior to moving here? do you know who I could contact here to ask about my question?

I think that your best bet is to approach the Swiss Embassy in Canada, I believe that you are Canadian. It may be that you have to go back to Canada and start the process from there.

My issue is quite complicated and at the moment still has not been resolved:-

Self Employment issue

I have no Bewilligung, but am living here since September and am still waiting official conformation from the Migrationsamt on the next step. Meanwhile I have a Swiss accountant fighting my case!

Officially I am self employed earn a good monthly salary and don't fit into the Swiss system!!!

I was under the impression Common-law didn't exist in CH (I got the fright of my life recently discovering that had I still been living in Canada the government would consider me married - Oh the horror! I'm way to young!

Besides you get brutalized for taxes if you marry as you pay taxes together so at a higher tax braket, ouch.

My 2 pence...

As I am also dragging myself through a similar situation, I found the best thing was to call the embassy. British embassy was great(and has been on a few queries), and i assume Canadian should also be very informative.

Today I stood in the British Embassy in front of a large picture of HRH The Queen and read my sworn declaration that I wasn`t, or haven`t been married (oh, the memory brings a tear to my eye) in order to get a lovely piece of paper (88CHF) to show I am single...and why do i need this......so I can register as the father of my child.

Though I have no idea why this was needed, I would say this is the right thing to do, as soon (just 2 more forms to get.....), i will be the legal parent - otherwise our (my common law partner&I) child would be sent to her parents if anything happened to her.

But I did wonder how complicated it would be if I was already married/separated. how many forms would i need then?

fromage.

This is a relatively simple case to answer. Firstly under UK or many other laws you need to get a document that makes you the legal guardian of the children. You seem to say that you have this from the British Consulate. Usually when the children are yours through blood then you are on the birth certificate as the father, but it would appear you are not. The Swiss legal system will not interfere in such issues at all. They are generally (and I use this word carefully) only interested in issues that have a financial impact. So you have rights over your kids under the Swiss system as you have defacto rights from the English system and are English citizens. IF and heaven forbid your wife (simple assumption) is Swiss then the story is somewhat different as the children born in Switzerland will then fall under Swiss law. But that is another story.

The children are mine, I am on their birth certificates, but that doesn't necessarily mean that I have rights under Swiss law regarding living and working in Switzerland. I have a right to be in Switzerland and visit them, but this doesn't necessarily give me a permit to stay here and find work. However I am trying to stay here under my own steam, since I am self employed and fit into the Swiss system.

Lets separate that. You have the right to live here. You can also have the right to work here. But not under the self employed method you are proposing in your other thread, which actually doesn't fit into the Swiss system as you have found out In your previous post you asked about your rights relating to your children which I answered before answering your other thread...