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Old 17.06.2014, 01:34
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Civil partnership (same sex)

Hello, everybody! I am from Serbia and I have a swiss boyfriend (more precisely swiss-born boyfriend) who lives in Switzerland. We've been together for a while and he wants now to live together, or otherwise said - he wants me to move to Switzerland. Therefore, I would like to know what rights I would have as his civil (same-sex) partner according to swiss law (please note that Serbia is not yet in the EU). I have a job in Belgrade and I would like to know if I would get a working permission in Switzerland as a civil partner of a Swiss national. That's important for me, cause I wouldn't like to live on my partner's spends. And why would I, if I have a diploma and speak all 3 official languages of Switzerland? So to make it shorter, my question is: does a same-sex civil partnership with a swiss national provides me (as a non-EU national) with living and working permission in Switzerland? Thank you in advance for your answer(s). Kind regards to everyone!
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Old 17.06.2014, 01:37
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Re: Civil partnership (same sex)

When you say civil-partnership, do you mean an official partnership/marriage? Or just that you'd be living together?
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Old 17.06.2014, 01:37
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P.S. Just one more detail - we would register our partnership in Switzerland.

Hey Island Monkey, thank you for your quick answer. Well, we love each other, so we would like to become civil partners officialy by registering our partnership in Switzerland.

Last edited by 3Wishes; 17.06.2014 at 06:42. Reason: merging successive posts
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Old 17.06.2014, 01:42
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Re: Civil partnership (same sex)

https://www.ch.ch/en/register-same-sex-partnership/

I assume if you go through this civil-partnership process, then you will be treated the same as a married couple and will therefore receive a B-permit through your partnership
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Old 17.06.2014, 01:46
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Re: Civil partnership (same sex)

Island Monkey, thank you for your reply Well, that's the procedure we would take. I just hope it is not too complicated, as I have no other options, since I didn't manage to persuade my boyfriend to come and live in Serbia (he liked it here, but just as a tourist hehe). I find that most of swiss guys love their country so much that they don't want to move anywhere else (which sounds reasonable for me, as I personally like Switzerland and swiss people very much). So let's hope that all the paperwork is not too complicated
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Old 17.06.2014, 13:56
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Re: Civil partnership (same sex)

Let's clear something up first. Is he a Swiss national or just someone who happened to be born here. Because they're not the same thing as far as I know. Being born here doesn't give you Swiss nationality iirc. So does he have a Swiss resident's permit?

Yes, you would get the same permit as he has, assuming he has one, and you would be able to work here. You will be his dependent and he will be financially responsible for you, at least to start with.

https://www.ch.ch/en/family-reunification-eu-efta

Hopefully happyrobbie will see this and add his comments as he's been through the registered partnership process here.
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Old 17.06.2014, 15:29
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Re: Civil partnership (same sex)

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Hopefully happyrobbie will see this and add his comments as he's been through the registered partnership process here.
If so, then happyrobbie will be advising Honeybunnie - sweet!
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Old 17.06.2014, 15:44
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Re: Civil partnership (same sex)

Hey Medea Fleecestealer, thank you for your reply. Well, my boyfriend is a Swiss national and he has been living there since he was born. He is a 100% Swiss, from both sides.
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Old 17.06.2014, 16:13
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Re: Civil partnership (same sex)

That may make things slightly easier then, although he'll still need to be financially responsible for you for 5 years. He would need to apply for a "concubine's" permit for you; at the same time you would need to apply for a Type D visa at the nearest Swiss embassy/consulate. If his application is granted then you'd get notification from the embassy/consulate to go and have the visa stamped in your passport. It's usually valid for about 3 months so you have to move here before the expiry date. Once here you need to register at his commune/gemeinde admin office to get your permit sorted out. You would get a B permit, renewable every year.
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Old 17.06.2014, 17:42
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Re: Civil partnership (same sex)

Medea Fleecestealer, thank you for the reply. There is just one thing I do not understand - when you say "he'll still need to be financially responsible for you for 5 years", what does that mean? Does that mean that I am not allowed to work for 5 years so he will have to support me all that time? Or does that mean that he will need to support me only in case I lose my job or something else unexpected happens? Can you clarify this, please, as it confuses me a bit? Thank you in advance.
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Old 17.06.2014, 18:08
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Re: Civil partnership (same sex)

Pretty much what it says. If you can't/don't find work he has to support you as long as you stay here. It's one of the conditions of the concubine permit. Obviously if you start working you can hopefully support yourself, but under the law he's responsible for you while you stay in Switzerland whether you're working or not. You're not barred from working at all so there shouldn't be any problem providing you can find a job.

There's more info here on how Vaud canton does it (in French only sorry), but it'll be similar for all the cantons.

http://www.vd.ch/themes/vie-privee/p...s-du-concubin/

You'd need to check with the canton you plan to live in exactly what figures they'd be looking in the way of his earnings/accounts.
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Old 17.06.2014, 21:14
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Re: Civil partnership (same sex)

Hi Medea Fleecestealer, thank once again for the quick reply. I will check that link, the language is not a problem, as I speak french well and use it at work, since I work as a customer support for the french language. The swiss law is very protective towards swiss people's partners, although I don't want to use it against my partner and make him support me...so if I can get a job as a B visa holder, that's good. I've found that with a B visa you have work permit and you can live in Switzerland at least 180 days a year or more - but I hope it doesn't mean that I cannot spend the whole year there or otherwise I could not have a permanent job.
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Old 17.06.2014, 21:40
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Re: Civil partnership (same sex)

No, it just means that to meet the residency test to keep the permit you need to be based here for that number of days per year at least. If your work takes you abroad for long periods or even years, then that's different and there are ways to put the permit on hold until you return if necessary, but normally once you have your permit you're expected to live/work full time in Switzerland. So having full time permanent job is no problem, you just have to find one.
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Old 17.06.2014, 21:44
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Re: Civil partnership (same sex)

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That may make things slightly easier then, although he'll still need to be financially responsible for you for 5 years. He would need to apply for a "concubine's" permit for you; at the same time you would need to apply for a Type D visa at the nearest Swiss embassy/consulate. If his application is granted then you'd get notification from the embassy/consulate to go and have the visa stamped in your passport. It's usually valid for about 3 months so you have to move here before the expiry date. Once here you need to register at his commune/gemeinde admin office to get your permit sorted out. You would get a B permit, renewable every year.
But if they entered into a same sex civil partnership,which if I understand correctly is what they are planning on doing, wouldn't they be treated as a married couple?
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Old 17.06.2014, 21:46
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Re: Civil partnership (same sex)

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But if they entered into a same sex civil partnership,which if I understand correctly is what they are planning on doing, wouldn't they be treated as a married couple?
I think so, pay tax together, joint assets etc!
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Old 17.06.2014, 21:53
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Re: Civil partnership (same sex)

He's got to get here first so a concubine's permit is the only one available if he doesn't get a job here before moving, which as a non-EU is unlikely. They're only getting hitched once they're both in Switzerland.

If they get hitched outside Switzerland and come in after then it would be a dependent's permit under family reunification of course, but he'd still have the financial responsibility for honeybunny2014.
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Old 17.06.2014, 22:00
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Re: Civil partnership (same sex)

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He's got to get here first so a concubine's permit is the only one available if he doesn't get a job here before moving, which as a non-EU is unlikely. They're only getting hitched once they're both in Switzerland.

If they get hitched outside Switzerland and come in after then it would be a dependent's permit under family reunification of course, but he'd still have the financial responsibility for honeybunny2014.
But he didn't say they would wait until he moved here before getting hitched. He said they would register their civil partnership in Switzerland which to me meant they would get hitched before he arrived here ( which would be by far the easiest way if going about it).
Then his partner would just have to fulfil the normal requirements for family reunification in terms of supporting him.
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Old 17.06.2014, 22:29
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Re: Civil partnership (same sex)

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But he didn't say they would wait until he moved here before getting hitched. He said they would register their civil partnership in Switzerland which to me meant they would get hitched before he arrived here ( which would be by far the easiest way if going about it).
Then his partner would just have to fulfil the normal requirements for family reunification in terms of supporting him.
You are correct.
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Old 17.06.2014, 22:59
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Re: Civil partnership (same sex)

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But he didn't say they would wait until he moved here before getting hitched. He said they would register their civil partnership in Switzerland which to me meant they would get hitched before he arrived here ( which would be by far the easiest way if going about it).
Then his partner would just have to fulfil the normal requirements for family reunification in terms of supporting him.
I read it the other way; that they'd do the actual ceremony here. Honeybunny2014, which is it?
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Old 18.06.2014, 01:40
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Re: Civil partnership (same sex)

Always wondered in a same sex wedding which partners parents pay for the celebrations
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