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  #1  
Old 15.04.2015, 16:56
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EU citizen moving to CH with non-EU wife

Hello

I've got a permanent job in Switzerland starting in May, my family will be moving with me right away. My wife is non-EU and my kids are EU. As a EU citizen I should simply apply for residency at the local city hall, but what about my wife, does she follow a different path for the B permit? Does she need to go to the immigration office?

Thanks
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Old 15.04.2015, 20:24
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Re: EU citizen moving to CH with extra-EU wife

Search, then Google powered search,

Family reunification with EU-spouse for non-EU wife: work permit?
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Old 15.04.2015, 20:53
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Re: EU citizen moving to CH with extra-EU wife

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

PS: I had visions of you turning up with two wives in tow. Extra-EU wife indeed.
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Old 15.04.2015, 21:04
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Re: EU citizen moving to CH with extra-EU wife

Extra-EU does indeed sound strange. She is non-EU. If I get it right, once we get to Switzerland I can register myself at the local town hall, while for my wife and kids we have to go to the Cantonal Immigration office?
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Old 15.04.2015, 21:27
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Re: EU citizen moving to CH with extra-EU wife

No, you should all be able to register at the town hall at the same time. She may need to provide biometric info later in the process; I'm not sure if that applies for wives of EU nationals or not.

Make sure you have several recent (less than 6 months) copies of birth certificates for everyone and also your marriage certificate. These need to be in a Swiss language (French, German, Italian) or English, if they aren't already, and if they're not you need to have them translated into one of the above and apostilled. Photocopies won't do.

She will also need a Type D entry visa to enter Switzerland long term legally so if you haven't applied for that at the Swiss embassy do it asap.
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Old 15.04.2015, 21:47
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Re: EU citizen moving to CH with extra-EU wife

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No, you should all be able to register at the town hall at the same time.
Really? Surely she need to apply for a D-visa/family reunification from their current country of residence.

EDIT: Sorry you mentioned this further down.

OP, she can't just arrive in Switzerland. You need to apply for her permit and get a D Visa BEFORE she arrives in Switzerland.
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Old 15.04.2015, 22:08
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Re: EU citizen moving to CH with extra-EU wife

We all live in Italy and she holds an Italian permanent residency, her country (Malaysia) is part of Schenghen therefore she doesn't need a Visa to enter Switzerland up to 3 months. Does she still need a type D Visa?
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Old 15.04.2015, 22:15
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Re: EU citizen moving to CH with extra-EU wife

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We all live in Italy and she holds an Italian permanent residency, her country (Malaysia) is part of Schenghen therefore she doesn't need a Visa to enter Switzerland up to 3 months. Does she still need a type D Visa?
Malaysia is not part of Schengen, Malaysians can just travel as tourists with-in Schengen for 3 months without a visa. She is not coming as a tourist, therefore needs a D-visa.

http://malaysia.nlembassy.org/servic...a-requirements
Malaysian citizen intending to stay longer than three months you will have to apply for a visa before travelling.

Important:
Applications should be made in person at the Embassy.


However, I don't know if her Italian permanent residency could replace the D-visa, best to check with the embassy.
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Old 15.04.2015, 22:27
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Re: EU citizen moving to CH with extra-EU wife

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Malaysia is not part of Schengen, Malaysians can just travel as tourists with-in Schengen for 3 months without a visa. She is not coming as a tourist, therefore needs a D-visa.

http://malaysia.nlembassy.org/servic...a-requirements
Malaysian citizen intending to stay longer than three months you will have to apply for a visa before travelling.

Important:
Applications should be made in person at the Embassy.

However, I don't know if her Italian permanent residency could replace the D-visa, best to check with the embassy.
No, it wouldn't.

"I am a citizen of a non-EU/EFTA state in possession of an unlimited residence permit valid for an EU/EFTA state. Do I need visa to work in Switzerland?

Whether or not you possess a residence permit valid for an EU/EFTA state does not affect your status in Switzerland. You are subject to the same provisions on entry and work as people who enter Switzerland from a third state. As a rule, you will need to apply for an entry visa, which will be issued by the Swiss diplomatic representation abroad as soon as you have been granted a work permit."

https://www.bfm.admin.ch/bfm/en/home...rbeit/faq.html

It'll be the same for her.
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Old 15.04.2015, 22:31
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Re: EU citizen moving to CH with extra-EU wife

She previously worked in Geneva (before we got married) and she obtained the type B permit even if she entered as a tourist (no type D visa).

However it's best to call the Swiss Consulate in Milan.
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Old 15.04.2015, 23:08
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Re: EU citizen moving to CH with extra-EU wife

Ah yes, I forgot. Malaysians don't need a visa for either short or long stays. However to be here for more than 90 days she does need to have pre-approval of a residence permit.

"2.1.1.5 Comment regarding prior authorisation of a residence permit

Nationals of the following states do not require a visa to enter Switzerland under any circumstances: Brunei, Japan, Malaysia, New Zealand and Singapore.

However, the competent Swiss authority will issue a prior authorisation of a residence permit in the following cases:

a) for a stay of more than 90 days, or

b) a stay involving gainful employment:

lasting more than eight days, or

from the first day of work in the primary or auxiliary construction sectors, the hospitality sector, industrial or private cleaning services, surveillance and security services, itinerant sales and services or erotic services.

This prior authorisation of a residence permit is issued directly to the foreign national, or to a third party (employer), by the cantonal migration authority. The Swiss diplomatic or consular mission is not involved in this procedure."

Unfortunately, the link this came from seems to have disappeared since they redesigned the FOM website. However, the non-requirement of a visa is confirmed here:

https://www.bfm.admin.ch/bfm/en/home...rigkeit/m.html

And the pre-approval of a permit here:

https://www.eda.admin.ch/countries/m...ency/visa.html
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Old 16.04.2015, 08:17
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Re: EU citizen moving to CH with extra-EU wife

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She previously worked in Geneva (before we got married) and she obtained the type B permit even if she entered as a tourist (no type D visa).

However it's best to call the Swiss Consulate in Milan.
Consulate won't be able to help much. You need to apply directly to the cantonal migration office where you plan to be living to get permission for a permit for her.
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Old 16.04.2015, 08:32
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Re: EU citizen moving to CH with extra-EU wife

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She previously worked in Geneva (before we got married) and she obtained the type B permit even if she entered as a tourist (no type D visa).

However it's best to call the Swiss Consulate in Milan.
I'm non-EU (US) and had a German residency permit when we came in 2011. I didn't have to do anything special - just arrived as a tourist, gave paperwork at local town office (definitely not 6 months old or newer - gave originals) and it was all handled with ease.
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Old 16.04.2015, 11:20
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Re: EU citizen moving to CH with extra-EU wife

Just all come in together and register at the town hall.

Either she gets the permit directly (quite possible) or she has to make a day trip to Italy at some point to pick up a D visa. Not a huge risk.
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Old 16.04.2015, 11:22
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Re: EU citizen moving to CH with extra-EU wife

We found this document, it seems that Malaysia doesn't require a Visa either for short or long stay.

https://www.bfm.admin.ch/content/dam...1-liste1-e.pdf
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Old 16.04.2015, 15:59
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Re: EU citizen moving to CH with extra-EU wife

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We found this document, it seems that Malaysia doesn't require a Visa either for short or long stay.

https://www.bfm.admin.ch/content/dam...1-liste1-e.pdf
She might not need a visa, but I believe she does need a pre-authorization that says she's staying long-term. I know I've seen it somewhere but can't seem to find it again. Will keep looking.
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Old 16.04.2015, 16:01
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Re: EU citizen moving to CH with extra-EU wife

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She might not need a visa, but I believe she does need a pre-authorization that says she's staying long-term. I know I've seen it somewhere but can't seem to find it again. Will keep looking.
My number 11 post confirms it.
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Old 16.04.2015, 16:16
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Re: EU citizen moving to CH with extra-EU wife

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My number 11 post confirms it.
LOL, I knew I'd just read it!

OP here's the PDF, just updated in 2015, that says exactly the same thing Medea says above - except this document is only available in French, German or Italian.

See section 2.1.1.5 on page 13:
https://www.bfm.admin.ch/content/dam...national-d.pdf
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Old 16.04.2015, 20:53
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Re: EU citizen moving to CH with non-EU wife

Ok, I found an important information from the link provided by Medea

https://www.eda.admin.ch/countries/m...ency/visa.html

"Citizens of a third country with a valid residence permit of a Schengen Member State or a valid national D visa, in connection with a recognized travel document, are exempt from the visa obligation."

My wife has a permanent residency permit issue by the Italian Goverment which, if I correctly understand, should exempt her from D Visa. I'm not sure if pre-approval and Visa type D are the same thing.

Last edited by Jvi; 16.04.2015 at 21:18.
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Old 16.04.2015, 21:23
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Re: EU citizen moving to CH with non-EU wife

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Ok, I found an important information from the link provided by Medea

https://www.eda.admin.ch/countries/m...ency/visa.html

"Citizens of a third country with a valid residence permit of a Schengen Member State or a valid national D visa, in connection with a recognized travel document, are exempt from the visa obligation."

My wife has a permanent residency permit issue by the Italian Goverment which, if I correctly understand, should exempt her from D Visa
(Sighs in frustration) That paragraph is referring to third country nationals currently living in Malaysia who aren't Malaysian citizens.

Read further down that page - and read the posts both 3Wishes and myself have made - that says as a Malaysian citizen she's exempted from the need for a visa for both short and long term stays, BUT for a long term stay she needs pre-approval for a Swiss resident permit.

Visa for stays of more than three months (visa D)
Malaysian citizens

Applications for a residence permit from holders of a Malaysian passport for stays in Switzerland of more than 90 days for any travel purposes including gainful activity must be submitted directly at the cantonal migration authority. The Regional Consular Center in Bangkok is not involved in the process and cannot answer inquiries regarding the documentary requirements or the application processing time.

This regulation applies to citizens of Brunei, Japan, Malaysia, New Zealand and Singapore, according to the directives of the State Secretariat for Migration SEM for the issuance of national visa.

https://www.eda.admin.ch/countries/m...ency/visa.html

Find the canton you plan to live in and ask them how you apply for pre-approval of your wife's permit.

For some reason your link gives me at least an error message when I click on it, while mine works perfectly.
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