Go Back   English Forum Switzerland > Help & tips > Permits/visas/government
Closed Thread
 
Thread Tools Display Modes
  #1  
Old 02.01.2015, 01:45
Newbie
 
Join Date: Jan 2015
Location: Luzern
Posts: 5
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
jblume has no particular reputation at present
Dear All,

I am non EU and is married to a Swiss for 10 months now. I have moved out from my husband 2 months ago due to violence, he threw objects, had verbally and mentally abused me, confined me and confiscated my phone and ID. I went to the opferberatungstelle and i am referred to psychotherapist due to the stress and trauma caused by him. he has also used the money we shared to pay his old debt incurred before marriage without my knowledge. I wanted divorce, but he refused to sign the paper and has been blackmailing me for money , and that he will sign it only if i give him money. I have a job and have been working for the past 9 months. I have heard that it is impossible to renew my work permit as i am married less than 3 years and i am non EU. But this situation is totally because of my husband behaviour, my permit ends in february, is there any possibility to renew my permit in this situation if my employer is able to prove that they needed me in the company?

Forgot to mention that i have actually a 100% job and i work 40 hours a week. I earn enough to survive without any help. I am wondering what are the chances of me being able to stay , as we are now not officially divorced though.

Last edited by 3Wishes; 02.01.2015 at 15:41. Reason: merging successive posts
  #2  
Old 02.01.2015, 09:44
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 13,989
Groaned at 174 Times in 138 Posts
Thanked 10,032 Times in 5,723 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Non EU - permit after divorce

Welcome to the forum jblume and I'm sorry to hear about your situation. I'm afraid it's something we hear about all too often here.

Firstly, as long as you are still married there shouldn't be a problem in renewing your permit I hope, although there may well be questions asked about why you're not living together. But so long as you haven't actually divorced yet you should be able to get a renewal. There's more info here:

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

If you want to apply for a divorce then your employer really needs to decide whether they have a good chance of proving you're the only person who could do your job. The rules are strict and favour Swiss/EU nationals so unless you're highly qualified/specialised they won't be able to continue to employ you and hence you wouldn't have a permit to live/work here.

https://www.bfm.admin.ch/bfm/en/home/themen/arbeit/nicht-eu_efta-angehoerige/grundlagen_zur_arbeitsmarktzulassung.html

Some of the links here may also provide you with people who can advise you further:

http://www.englishforum.ch/family-matters-health/104484-look-here-first-childcare-schooling-family-info-help-sites.html
The following 2 users would like to thank Medea Fleecestealer for this useful post:
  #3  
Old 02.01.2015, 10:10
Forum Veteran
 
Join Date: Apr 2012
Location: Sion/VS, Fribourg/FR, Bern/BE
Posts: 796
Groaned at 13 Times in 10 Posts
Thanked 304 Times in 168 Posts
happyrobbie has an excellent reputationhappyrobbie has an excellent reputationhappyrobbie has an excellent reputationhappyrobbie has an excellent reputation
Re: Non EU - permit after divorce

By the way, domestic violence can be a reason to grant your residence after divorce even if you are married for less than 3 years. But the condition is rather strict you really have to prove without doubt that it is serious violence and you are heavily traumatized (so you should have a legal sense, e.g. collect and keep as many proofs as you can).

Also, we are assuming that you came to Switzerland because of the marriage (i.e. your residence was in the first place granted by the marriage). If you had your own permit before marriage this could also lead to another story.
This user would like to thank happyrobbie for this useful post:
  #4  
Old 02.01.2015, 11:47
Banned
 
Join Date: Sep 2010
Posts: 2
Groaned at 0 Times in 0 Posts
Thanked 22 Times in 12 Posts
winscape is considered unworthywinscape is considered unworthywinscape is considered unworthy
Re: Non EU - permit after divorce

Sounds like a Swiss man and controlling - that is unusual (not!). Speak to lawyer to get more clear on the separation\divorce process. Basically if he does not agree on a divorce you can get an official separation from the date you separated - 2 years from this separation date you can force a divorce if he does not agree to one within the 2 years. Your permit should get renewed if you have a working contract here in Switzerland.
  #5  
Old 03.01.2015, 16:41
Newbie
 
Join Date: Jan 2015
Location: Luzern
Posts: 5
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
jblume has no particular reputation at present
Re: Non EU - permit after divorce

Thank you everyone for the replies. I am going to get a lawyer next week. He still keep asking me for money, i am really stressful .

However, there is one thing i want to make clear. Does it mean if i have a job and we are separated, my permit will be automatically renewed? Or, my employer has to justify in order to renew my permit?
  #6  
Old 03.01.2015, 17:26
Glendyn's Avatar
Forum Veteran
 
Join Date: Nov 2008
Location: ZH. Horgen area
Posts: 776
Groaned at 12 Times in 6 Posts
Thanked 933 Times in 385 Posts
Glendyn has a reputation beyond reputeGlendyn has a reputation beyond reputeGlendyn has a reputation beyond reputeGlendyn has a reputation beyond reputeGlendyn has a reputation beyond repute
Re: Non EU - permit after divorce

Quote:
View Post
There's more info here:
https://www.ch.ch/en/divorce/
THere it says
Quote:
Unilateral petition

  • If the spouses do not agree to divorce, either one may make a unilateral application if they have lived apart for a minimum of two years.
  • In exceptional cases, a divorce can be granted before the two years are over if it is unreasonable to expect one of the spouses to continue in the marriage, for example in the case of physical abuse.

So looks like you dont need his signature. You apply yourself and explain the abuse. Maybe try to get something in writing as well (email etc) about his demands for money.
  #7  
Old 03.01.2015, 17:28
swisspea's Avatar
Forum Legend
 
Join Date: May 2008
Location: From one side of lake Zurich to the other...
Posts: 5,506
Groaned at 33 Times in 22 Posts
Thanked 5,034 Times in 2,432 Posts
swisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond repute
Re: Non EU - permit after divorce

I assume at the moment your permit is linked to his - that you were granted residency due to marriage - did you already have a work permit and job in Switzerland before you were married?

The residency permit should be renewed automatically as you are still married.

Either way, the abuse/manipulation needs to stop, and you need to cut off his access to your finances. This will very likely require a lawyer.

The services already provided by the authorities may be able to tell you how to proceed to protect yourself and make the separation. Either way, you can't stay with someone who is abusive and controlling, and taking your papers/passport away is a big sign that it is abuse, in the clearest, so do not doubt that.

The divorce proceedings here have two stages - separation and divorce. The separation procedure can be initiated by mutual agreement or wih the help with lawyers and should be finalised quite quickly. you have very strong rights here so do not be blackmailed... It sounds like your husband is a desperate person - is he unemployed?

The divorce process will take around two years even if he does not agree, from the separation, and normally during this time your permit can be renewed. Where it may get ugly is if he makes false declarations regarding your status (false marriage, financial debt etc)... So definitely sort out the lawyer... And look at your options wisely with someone who can give good advice. In Zurich there is a migrant women's advice service - they may be able to refer you to cheap or free services if money is a problem.

Normally in Switzerland, the money you brought into the marriage is yours... So there may be some power to demand repayment of that money - if he has the capacity to pay - are there big assets or just debt ?
  #8  
Old 03.01.2015, 17:42
Newbie
 
Join Date: Jan 2015
Location: Luzern
Posts: 5
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
jblume has no particular reputation at present
Re: Non EU - permit after divorce

Quote:
View Post
I assume at the moment your permit is linked to his - that you were granted residency due to marriage - did you already have a work permit and job in Switzerland before you were married?

The residency permit should be renewed automatically as you are still married.

Either way, the abuse/manipulation needs to stop, and you need to cut off his access to your finances. This will very likely require a lawyer.

The services already provided by the authorities may be able to tell you how to proceed to protect yourself and make the separation. Either way, you can't stay with someone who is abusive and controlling, and taking your papers/passport away is a big sign that it is abuse, in the clearest, so do not doubt that.

The divorce proceedings here have two stages - separation and divorce. The separation procedure can be initiated by mutual agreement or wih the help with lawyers and should be finalised quite quickly. you have very strong rights here so do not be blackmailed... It sounds like your husband is a desperate person - is he unemployed?

The divorce process will take around two years even if he does not agree, from the separation, and normally during this time your permit can be renewed. Where it may get ugly is if he makes false declarations regarding your status (false marriage, financial debt etc)... So definitely sort out the lawyer... And look at your options wisely with someone who can give good advice. In Zurich there is a migrant women's advice service - they may be able to refer you to cheap or free services if money is a problem.

Normally in Switzerland, the money you brought into the marriage is yours... So there may be some power to demand repayment of that money - if he has the capacity to pay - are there big assets or just debt ?
I am granted the permit due to the marriage, but i have got a job 1 month after we got married, i contributed 90% of my salary to the household bz banking into his account , and he was paying his old personal loan without telling me, it is not large amount but a few thousands, and he was also using the money for betting and his old tax. he has a job but since he has debts, he used most of our money. and he is claiming now that we are still married and he has no money , therefore i should give him money and support him financially, well we earned the same amount, i don-t know how he spent but it is unfair for me when i try to save as much as i can , he spent them all and yet asking me to support him.

He has sent me text messages like ask me to pay him money and get lost, he said if i do not pay him he will not sign for divorce. he made also accusation that i am married to him because i wanted to come here, get rich and go back, well that is definitely not true, if i want to get rich , i could have marry someone rich but now i am working and give him money.

for your info, he is also on psychiatric medication. I understood that i might lose my permit, but i would like to find some points to fight back and keep my job as i am a victim anyway, taking away my permit n job ant this time seems to be too cruel for me,i am already seeing therapist due to the trauma he caused me. anyone knows some good lawyer in luzern?
  #9  
Old 03.01.2015, 17:57
Glendyn's Avatar
Forum Veteran
 
Join Date: Nov 2008
Location: ZH. Horgen area
Posts: 776
Groaned at 12 Times in 6 Posts
Thanked 933 Times in 385 Posts
Glendyn has a reputation beyond reputeGlendyn has a reputation beyond reputeGlendyn has a reputation beyond reputeGlendyn has a reputation beyond reputeGlendyn has a reputation beyond repute
Re: Non EU - permit after divorce

further info from the site linked above:
Quote:
Persons from non-EU/EFTA states

A divorced spouse’s or child’s existing residence permit may be extended provided:
  • the marriage lasted at least three years in Switzerland and the spouse / family lived together,
  • the persons concerned were successfully integrated in Switzerland (reputation, knowledge of the language, willingness to work) or
  • important personal circumstances make it necessary to continue living in Switzerland (e.g. persecution in their home country).

I highlighted the one that should probably apply to you.
You can also speak to the court, free of charge for advice on the divorce and how to apply, how long it may take etc rather than having to go straight to a lawyer. They have sessions open to the public for advice. Contact the court in your area and ask them - they could be very helpful about what and how to do it in your situation.
Edit: Enter your postcode on this page to find the relevant court
  #10  
Old 03.01.2015, 18:08
Newbie
 
Join Date: Jan 2015
Location: Luzern
Posts: 5
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
jblume has no particular reputation at present
Re: Non EU - permit after divorce

Quote:
View Post
further info from the site linked above:
I highlighted the one that should probably apply to you.
You can also speak to the court, free of charge for advice on the divorce and how to apply, how long it may take etc rather than having to go straight to a lawyer. They have sessions open to the public for advice. Contact the court in your area and ask them - they could be very helpful about what and how to do it in your situation.
Edit: Enter your postcode on this page to find the relevant court
Thank you Glendyn, I will check out
  #11  
Old 03.01.2015, 18:10
3Wishes's Avatar
Moderately Amused
 
Join Date: Jul 2010
Location: Bern area
Posts: 6,576
Groaned at 43 Times in 39 Posts
Thanked 9,262 Times in 4,396 Posts
3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute
Re: Non EU - permit after divorce

OP, I am sorry to hear you're in this situation.

At this point, may I gently recommend you stop posting so many personal details about your marriage in the open Forum? It's possible that someone who knows you or him will recognize the story and you never know how that information could be used for or against you in the future.

You've received some good advice, but our comments are only well-intentioned opinions and hold no legal weight. Only a qualified attorney and your local migration authorities will be able to tell you for certain if and how long you can stay, if and how much you need to pay, etc.

I wish you the best of luck as you sort things out.
This user would like to thank 3Wishes for this useful post:
  #12  
Old 03.01.2015, 18:16
Glendyn's Avatar
Forum Veteran
 
Join Date: Nov 2008
Location: ZH. Horgen area
Posts: 776
Groaned at 12 Times in 6 Posts
Thanked 933 Times in 385 Posts
Glendyn has a reputation beyond reputeGlendyn has a reputation beyond reputeGlendyn has a reputation beyond reputeGlendyn has a reputation beyond reputeGlendyn has a reputation beyond repute
Re: Non EU - permit after divorce

Also have a look at http://www.binational.ch/en/?Separation_and_divorce which is specifically for binational couples. Maybe the sections and resources on mediation or counselling could help.
This user would like to thank Glendyn for this useful post:
  #13  
Old 03.01.2015, 18:17
Newbie
 
Join Date: Jan 2015
Location: Luzern
Posts: 5
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
jblume has no particular reputation at present
Re: Non EU - permit after divorce

Thank you for your reminder. I will do so, thanks.
  #14  
Old 03.01.2015, 18:32
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 13,989
Groaned at 174 Times in 138 Posts
Thanked 10,032 Times in 5,723 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Non EU - permit after divorce

Taken from Glendyn's binational link:

"With binational marriage, the national of a third country has a right of residence as part of family reunification; in the first years of marriage, this is a residence permit B. After 5 years the spouse of a Swiss national or a foreigner with a permit C has a right to a permit C and can submit a request for simplified nationalization.

The Aliens Act (AuG) issues or extends the residence permit for non-Swiss spouses from third countries only if the married couple lives together (art. 42 AuG).

Consequently, for concerned parties as defined by art. 42 AuG (cohabitation requirement), the provision on residence becomes problematic in the case of separation. Under art. 49 AuG, "good cause" may exempt the married couple from the cohabitation requirement. Professional obligations and significant family problems are recognized as good cause. However, a prerequisite is that the marriage not yet have definitively failed (e.g. if the couple attends family counselling or marriage therapy).

If the marriage has lasted at least three years and successful integration exists or there are significant personal reasons (marital violence, impossibility of social reintegration into the country of origin, and the like), the residence permit can be extended even in the absence of cohabitation (art. 50 AuG)."

So you really need to collect evidence of his abuse to show good cause why you shouldn't be living with him anymore. I would certainly contact their nearest office to you for further advice.
  #15  
Old 03.01.2015, 20:18
Forum Veteran
 
Join Date: Apr 2012
Location: Sion/VS, Fribourg/FR, Bern/BE
Posts: 796
Groaned at 13 Times in 10 Posts
Thanked 304 Times in 168 Posts
happyrobbie has an excellent reputationhappyrobbie has an excellent reputationhappyrobbie has an excellent reputationhappyrobbie has an excellent reputation
Re: Non EU - permit after divorce

Quote:
View Post
further info from the site linked above:
I highlighted the one that should probably apply to you.
You can also speak to the court, free of charge for advice on the divorce and how to apply, how long it may take etc rather than having to go straight to a lawyer. They have sessions open to the public for advice. Contact the court in your area and ask them - they could be very helpful about what and how to do it in your situation.
Edit: Enter your postcode on this page to find the relevant court
Only the second is not enough.

A. the marriage lasted at least three years in Switzerland and the spouse / family lived together,
B. the persons concerned were successfully integrated in Switzerland (reputation, knowledge of the language, willingness to work)
C. important personal circumstances make it necessary to continue living in Switzerland (e.g. persecution in their home country).

The rule is:
if (A AND B) or C, then the residence right can be renewed.
Closed Thread

Tags
divorce




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Permit Renewal after 5 years - Is a C permit possible ? Non EU marrying an EU CosmicSpunk Permits/visas/government 7 27.01.2014 02:54
visa status after 1 year married then divorce by non Eu Soeste Permits/visas/government 6 27.07.2013 15:35
Permit question of divorce... non-EU national... EricXing Permits/visas/government 1 14.05.2013 17:32
Non EU and Non American : Language requirement for C Permit after 10 years ZH Canton shrineha Permits/visas/government 19 01.02.2013 23:54
Non EU married to an EU in Zürich, What happens after Divorce? guidette Family matters/health 6 02.03.2010 10:45


All times are GMT +2. The time now is 06:16.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0