Hi, any body can advise me of a situation when you divorce a swiss citizen as a non EU national with the B permit, a child and a good job! lived in CH for 4 years if should leave the country or stay here supporting my child and growing in my career work!
Thank you for replying!

the general rule is, if you have a B permit because of marriage to a swiss, then after the divorce, the extension of the B permit is not to be expected.

But there are some special instances.
Maybe this site might help answer your questions.

http://www.binational.ch/en/fragen/trennung.html#cinque

good luck

Hello Aziz,

I feel that this decision has many variables. The most important is the #1 question which is "Am I happy here" or "Do I want to stay here for my child"

If it were me, I would consider things such as:

How old is my child? Is the child already in school. Does the child speak English or German? If you leave, will the child be able to speak the new language?

Also, If your job is good, is it good enough to stay here? Normally, and believe me, if you divorce, you would want to get away from your ex! If you stay, would this be possible or will this situation compound fragile ground? If you leave, how will this affect the Fathers relations with the child?

Also, what will lie ahead if you do leave? Will you have a job just as good?

This is a hard situation especially when a child in involved?

Hope this helps.

Killa silk

Thank you everyone for the answers!
The situation is actually like this:
I was living in London b4 I met my wife and done several jobs! when we got married and moved here to CH. I got offered a permanent job of my dream in one of the biggest companies in Europe! I am 100% happy with it and growing so fast on it! when my wife decided a divorce after a difficult situations we lived I went to a lawyer and he said as per human rights in CH and EU, child - parent, they might let me live beside my child, she's actally above 03 and spk both german and english fluently!
My B permit is expiring the end of 2008, and by then 'll be more than 05 years in CH which will entitle me to C permit automatically if we do not divorce... she want that and I don't want it to be honest... if it happens I will have to start all my life from scratch and it's not fair! if I refuse the divorce she can only apply for a 02 year separation and then the divorce after I get my new permit! I guess I am entitled to get a new permit as long as there is no divorce! am I wrong?

i'm sorry, have no answer to that...

Well I have heard so many different answers to my situation, even from legal sources such as lawyers and ausländersamt! I am really confused and don't know what to do! just don't wanna take the wrong decision and make my situation worse!!! I would be really glad if someone have heard or lived a similar case just to lighten my thaughts as I know in Switzerland, many people could have the same case but unfortunately they all get different decisions and judgements!

many thanks to you all

anything here help you:
http://www.englishforum.ch/search.ph...der=descending

Well first of all, you have my sympathy. Divorces, especially when kids are involved are never easy.

Since you have a B-permit because of your Swiss wife chances are that, if your divorce settlement is processed before you manage to obtain a C-Permit, you have to leave the country.

I know of someone who was asked to leave Switzerland despite the fact that that person has a 5 years old daughter and a well paid job only because that person has a B-permit like yours.

I would strongly recommend that you discussed this with your wife, since you've already in your fourth year. If that fails, use every available tactics that will delay your divorce settlement. If I'm not mistaken, it could take up to a year to process a divorce settlement.

But on a slightly different note, everything what I've just said could also be totally wrong.

Good Luck!!!!

First, you have my sympathies as well. Sorry you're in this situation.

To try and calm things down. Personally, I always try and go to people that know more than I do (not a difficult task in my case). Here, it would be a good international family attorney (if such a beast exists). This is, of course, if your means are there. I went to an international accountant and got great advice...but the fee was STEEP!

Unfortuneately, I find here especially if you're a foreigner you can get a bum steer because people tend to care about the Swiss in the relationship rather than you. You need to find a professional who can work for you.

Our family's former attorney (before I relieved her) told me and my wife (me non EU, wife Swiss) that if she ever had cause for divorce I'd be "screwed". This was without any marital problems or cause for question of our marriage...we approached her on another matter. Maybe she was just having a bad day.....

Anyway, Aziz. My condolences and get some pros to help you out. I have a little one as well, and if you're enjoying you're job you need to make sure you're OK. It's the only way you can keep being the good dad and help your kid.

Thank you all for your advises and assistance! Really apprecieted!
It seems that I have to try to delay the divorce as long as I can and get a lawyer to assist me in this case!!!

I have tried to talk to her regarding this matters but since she's planning to marry her colleague from work as his employment contract is finishing and he has to leave, she refused to cooperate!!!!

does anybody know if she submits the divorce forms as a parcial without me sighning them, how long will it take for court to accept that! I have been informed that if 01 part is not willing to divorce the court will only take the divorce into considiration after 02 years separation! is that true???
More over if they do process the case and decide to kick me out of the country, how long am I allowed to stay to arrange my things b4 I leave!
It is normal that I need some time to sort my things out, or at least try to get a permit through my employer since It is almost impossible for them to find someone with my skills to replace me!!

ah, she sounds lovely. If she's being inflexible, so should you be. Childish, I know but what is she on?

I believe it will still take her two years to divorce you.

WOW, your soon to be ex-wife isn't wasting much time huh ... to be getting married again. She does sound lovely ...... FREAKING NOT!!!!!

Good Luck, Aziz.

To be honest, I don't really care about what she does or will do! what I do care for at the moment is my daughter and my work! unfortunately she used the fact of me being foreighner threatening her of taking our daughter with me after divorce and leave the country!!! this will definitely coming against me and I'm even scared that they won't let me see my daughter anymore! NO proof from her behalf but hey, this is Switzerland and we should expect everything! right?

I just got chocked when our relationship was going great and she mentioned her colleague's situation! I didn't take it personal since the guy was kind of our friend both...all over sudden as soon as we had an argument she called the police for me... wanted a divorce, in fact she sounded really positive about it!!! the worse part is when I found them both at our place with my little daughter!!! wow!

I will keep the fingers crossed and use the international law to find my way the proper way!

Aziz, I feel your pain, maybe it is a Swiss thing. My Swiss miss also found "someone else" and wishes to marry him ASAP. As such, she has so far displayed practically zero respect and regard for the dedication I gave here as a loving husband, or for my welfare. In fact, her new boyfriend arrives in the country the day we go to court for the divorce! Fortunately, no kids.

The difference is, that I am fortunate enough to have a C-Permit, and thus can remain. I can only recommend to you to drag it out, because it is your best chance at remaining here, at least in the medium term. Yes, if you are not a willing part of the divorce, then the divorce will drag on and she will not be able to remarry so soon.

Thank you! as you are from St. Gallen as well, do you have any idea how long it will take if a part is not willing a divorce? I heard it differs from canton to canton! does it apply the same for a non EU citizens?

Not really sure, but even a willing divorce takes 2 months from the court date. I expect that in an unwilling divorce, mandatory councilling will be required. I have my court date soon, I will let you know how things go.

Any one with info. on how to about a Trennung auf Zeit (Separation for a time) from a troubled marriage. If one is non EU, with a newly found good job in an international company. With a B Permit due to marriage to a Swiss national. Permit valid till mid 2008 . Presently issued a work permit from work for two years till Mid 2009. There is so much information and all very confusing and contradictory sometimes to understand.

Any one with some ideas on this? Kind of urgent.

Are you asking for more confusing and contradictory advice? Because that's probably what you are about to get from here.

You need to ask your local authorities (community office or Gemeindehaus if you are in the German bit). They probably won't know the answer, but if you politely insist that they call their cantonal or federal advisors you'll eventually get the correct information.

I have beens separated for 18 months now. As far as i know.. a spouse cannot divorce you without your consent for up to 2 years. During this time you will be legally separated. And then it will take months before a divorce is final. My suggestion for anyone in this siutation is to spend the money and go to a top notch firm specializing in this type of law. This is not a time to save money. There is too much at stake. I can HIGHLY recommend Langer, Steiger, Trachsel and Partner in Zurich.

Hey Aziz I truely wish you all the best. It is one of mans greatest fear to marry a woman who does this. PLease seek legal advice and do whatever you can to be by the side of your daughter, do not let this woman dicate how it is going to be on her terms. You have rights too.