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Old 12.01.2015, 23:24
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Divorce and re-engagement for non-EU- visa advice needed!

Hi, thanks in advance for any useful advice anyone can give. I've read threads here on divorce and the rules on how it's hard to keep a visa for a non-EU citizen if they divorce within 3 years. So I'm not asking for a re-write of this, just advice regarding quite a specific and maybe unusual situation.

-i moved to switzerland from UK 2 years ago, i'm a UK citizen with a 5 year B-permit, very good financial situation;

-i've met a girl here who's from a non-eu country, has lived in Switzerland for nearly 2 years and is on a marriage visa, married to a non-eu man for the last 9 months;

-she has realised the marriage doesn't work for her, and we desperately want to be together. Obviously on its own if she divorces she'll have to leave Switzerland probably. She had several visas to Switzerland before her recent one and was never rejected, but clearly there is a risk she has to leave and might re-apply and get rejected;

-I would like her to move in with me, i'm happy to financially guarantee her, and she wouldn't need a work permit.

Does anyone have any experience in such a situation or advice? One would think the Canton where we live would be OK in a normal world to grant her a non working visa to live with me, since she's here already. And we're clearly not doing this for a swiss visa because she already has one.

Worst case I may be able to return to london and take her with me, but I would really like us both to remain in Switzerland.

I haven't spoken to an Immigration lawyer yet, thought I'd ask here first in case anyone has some experience in such a situation.

Thanks
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Old 13.01.2015, 02:29
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Re: Divorce and re-engagement for non-EU- visa advice needed!

i don't think partnership suffice for a long term visa for a nonEU.

she needs to either marry you again or find a job here, in order to stay. otherwise you can only invite her as a visitor for a short term visa.
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Old 13.01.2015, 08:40
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Re: Divorce and re-engagement for non-EU- visa advice needed!

I agree with dashday.

a) your relationship hasn't lasted long enough for you to get a concubine permit for her.
b) There's no way they would grant this while she's married to someone else.

And although you say you're not doing it to get her a permit, they will see it that way because her current one depends on her staying married.

If she's been here for 2 years what was she doing before she married? The problem she has with finding a job is that even if she can get one under her dependent's permit, the minute she divorces her employer will have to re-apply for a new permit and prove they can't find a Swiss/EU national to do the job because she's a non-EU national. Depending on her skills they may not be prepared to do that so she's without a permit again.
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Old 13.01.2015, 10:10
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Re: Divorce and re-engagement for non-EU- visa advice needed!

thanks for the replies both of you, much appreciated. She was studying here , then was on a fiancé visa and got married. I won't need her to work, so we don't need any sort of working entitlement with the visa.


When I say she's not doing this to try and get into the country, I meant that she's already here, and to divorce will be to put her life in Switzerland at risk possibly. If she just wanted to get into and stay in Switzerland, she'd just stay married.
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Old 13.01.2015, 10:47
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Re: Divorce and re-engagement for non-EU- visa advice needed!

At present you appear to be a better offer than she currently has; I wonder what happens when a better offer appears whether you may not find yourself in similar situation

Sounds very much like she got married here to stay here the last time around
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Old 13.01.2015, 11:34
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Re: Divorce and re-engagement for non-EU- visa advice needed!

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thanks for the replies both of you, much appreciated. She was studying here , then was on a fiancé visa and got married. I won't need her to work, so we don't need any sort of working entitlement with the visa.


When I say she's not doing this to try and get into the country, I meant that she's already here, and to divorce will be to put her life in Switzerland at risk possibly. If she just wanted to get into and stay in Switzerland, she'd just stay married.
Correction: If she wanted stay in Switzerland she'd either just stay married OR find another guy who'll support her and ideally eventually marry her. Which is exactly what she's doing. She got in as a student, found someone to marry her, now doesn't like the result so is going to try again. I'm not being cynical (okay, maybe a bit), but stating the way the authorities are going to view this.

Yes, divorce will put her status here at risk, that's something you both need to accept. It's almost certain imho that she'll have to leave the country if she divorces because your relationship will not stand up to the test of a long term, committed one yet and she simply doesn't meet the criteria to stay otherwise. I assume you've only known each other for a few months so there's no way that the authorities are going to grant you a concubine permit on that basis. They WILL see this as simply an attempt to remain in the country under any circumstances.

There's more on divorce and how to proceed here:

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

I think if this is really something you both want you need to look at this long term. She gets a divorce and leaves Switzerland. You and she continue your relationship long distance which builds up the proof that it is a strong, committed one and she visits on a tourist visa from time to time. Then in another year or so you could, depending on how things are going between you, either apply for a concubine or fiancée permit if you want to get married. But be aware that in both cases the authorities will be asking detailed and very personal questions.
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