Hello everyone,
I really need your help for any advices as my case is a bit complicated and I didn't see similar cases on the forum.
I am Non EU(Asia) my husband is a Swiss Citizen, I submitted my application for family reunification visa in Swiss embassy in Spain after my student visa has expired and was staying legally on the basis of waiting for my permit to be renewed. They accepted my application in the embassy and I paid for the visa fees and got like a receipt(official paper with embassy stamp), they said they would start with checking my papers first while waiting for me to give them my renewed permit. Unfortunately I wasn't able to renew my student permit and I would have to leave the country within one month.

A lawyer told me the only way to stay legally is to apply for asylum in Spain, it’s very long and complicated process that can take months but I can stay legally at least for a month or two while my ‘family reunification visa’ gets approved in Switzerland and then I can withdraw the application for this asylum permit!! the lawyer told me this could be faster then going back to my country and starting the application again.
I am afraid if this option would cause more delays and complication or conflict for my visa to Switzerland, what are the risks of using this option?
Is there any other suggestions?

Any advices are much appreciated.
Thanks in advance.

1. Swiss embassy can take long time to process visas. As far as I know, Swiss embassy in USA can take 3+ months, South America can take 5+ months, Pakistan can take 1 to two years (Don't ask why) etc.

2. You applied from a third country so Swiss embassy will send your documents to your country of origin for verification. If you are from India, I assume that this process may take couple of months.

3. Applying for asylum may help you stay in Spain longer but I feel that it may complicate the situation and you will have a lot of explaining to do in the end.

My suggestion would be to choose the safe option and transfer your case to your country of origin and go back and stay there until your visa is approved.

Thanks a lot Megamind for your reply.

Well the good part is that the verification part from my country of origin has been done already, that's why I didnt think of the option of going back and applying all over again as it may take longer do you think it will be possible that they continue the process from the embassy while I am back home, then they send the permit when its approved to the embassy in my home country!

What kind of complications do you think may arise when applyin for aslyum?i know that you can withdraw your claim anytime after you have made the application but will that make you like blacklisted in the EU System!!

If you are applying from Spain ( or Italy as your IP reveals ) for asylum to the CH embassy, you would have to claim that either these host countries are persecuting you.

An abuse of an asylum causes your name to be entered into a system ( NEE Nichteintretensentscheid ) that makes it very difficult to obtain a permit later. The fact that you have a permit to reside in another EU country makes it almost impossible to apply for asylum UNLESS either of these EU countries can be proven to be persecuting you ( again, only with proof ).

http://www.bfm.admin.ch/bfm/en/home/...verfahren.html

Manifestly Unfounded Asylum claims / Abuse of process:

http://europa.eu/legislation_summari.../l33102_en.htm

“back door” for circumventing the regular immigration process is an abuse and grossly unfair to the deserving people trying to immigrate legally and patiently IMO.

A fraudulent (you have to admit this) asylum application is a terrible way to extend stay. It can have lifelong consequences as opposed to a delay of few months to get a visa.

On the other hand, if you go back to your country of origin, you may not have to restart the process. The application is ultimately processed by the cantonal migration authority in Switzerland where your husband stays, and the embassy has sent your papers to them. So your husband could follow up, and ask the canton to send a letter once your entry for family reunion is approved. With this letter, getting a visa in your home country should take days, not months.

I would not go the asylum route with the free exchange of information you would jeopardise your chances of staying in Switzerland or getting married to a Swiss citizen. With the current legislation and anti immigrant sentiment even if you do love your swiss fiancé you would be suspected of entering a sham marriage.

As of 1 January 2011, illegal immigrants and asylum seekers can no longer marry in Switzerland, in a move to cut down on sham marriages with Swiss citizens. You can however marry in Switzerland if you have legally entered the country as a tourist. You will need to submit certain documents which include newly-issued, certified copies of your birth certificates (i.e. issued within the last 6 months) and to pay fees. The process to obtain approval to marry in Switzerland can take time and you are advised to allow for at least a couple of months. Once you have been given the go-ahead, you will have 3 months in which to marry.

@jrspet thanks a lot for your feedback and the links you provided, but my case is not about applying for aslyum in switzerland, its about applying for visa reunification to switzerland. I am already married, we got married in spain. what i submitted to swiss embassy was for registeration of marriage and family reunification visa at same time.

@kosti thanks for your note, if i am to apply for aslyum, i actually have a valid case that allows me to apply for such permit and a lawyer confirmed that. and i actually dont want to use this option, i just thought of it as an option to stay here while waiting for my swiss permit, but it will make complications i would surely cancel this route.

@Petit Julie thanks for your comment, we are already married after living together for more then 2 years.

Have you actually spoken to the people at the Swiss consulate about the fact that your Spanish visa is expired and that you can not return to your home country do to potential persecution? If you are eligible for an asylum visa as you say that would mean that you can't go back to your home country to wait for your Swiss visa, right?

You should inform the Swiss consulate of this fact and the fact that you Spanish visa is up. They might be able to work out the paperwork quickly. You won't know unless you ask.

Please send a pm with our exact length of time.

(PS: as a wife of a Swiss you can get a visa from his Gemeinde for a max of one year but no work)

???

The wife of a Swiss citizen gets a permit from the canton the couple lives in (requested through the commune) and has every right to work.

I should have clarified that its an interim solution whilst her marriage is not registered yet.

miniMia thanks for your post, ya i have spoken to them just by saying i am still waiting to renew the permit. i have spoken to a lawyer here to see what other options to renew my permit.
What i need to know exactly is
while waiting for aslyum application process in an EU country(in its early stages before even having the interview), if applying for the visa family reunification visa at this time will there be any conflict, is it allowed legaly? so lets say i got the visa to switzerland will it be possible then to cancel the application for aslyum? is there any consequences of doing that.
AND
Is there any legal way to enter switzerland with marriage cert issued in spain? and then applying for the b permit from switzerland.

You are asking a very specific question related to your individual situation. The only people who can help you are those at the Swiss embassy and who ever deals with the Spanish visas.

You probably shouldn't wait any longer on this. Get thee to the consultant with this list of questions.

But you can not go to Switzerland without the proper entry visa.

Good luck.