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Old 29.06.2015, 00:00
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Bringing my teenage child ( non EU)

Please advise what are the options for bringing my 16 years old child from Russia.
I am married a Swiss citizen and holding a B permit ( I have been here for 1,5 years).
I read on some russian forums that it is very difficult to bring here children from Russia if they are older than 12, and you didn't apply for them within your first year in Switzerland.
Any tips for official information regarding this or any personal experience?

PS I was going to take her a year ago but her father ( my ex-husband) didn't give me his consent at that time.


Thanks,
M
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Old 29.06.2015, 08:51
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Re: Bringing my teenage child ( non EU)

You need to talk to your cantonal migration office to see if it's going to be possible. The Foreign Nationals Act says:

"Art. 42 Family members of Swiss nationals

1 The foreign spouse and unmarried children under 18 of a Swiss national who live with the Swiss national are entitled to be granted a residence permit and to have their residence permit extended.

2 Foreign family members of Swiss nationals are entitled are entitled to be granted a residence permit and to have their residence permit extended if they are in the possession of a permanent residence permit from a country with which an agreement on the free movement of persons has been concluded. Family members are:

a. the spouse and the relatives in the descending line who are under 21 or who are dependants;
b. the relatives of either spouse in the ascending line who are dependants.

3 After a law-abiding and uninterrupted period of stay of five years, a foreign spouse is entitled to be granted a permanent residence permit.

4 Children under twelve are entitled to be granted a permanent residence permit.

Art. 47 Time limit for family reunification

1 The right to family reunification must be exercised within five years. Children over twelve must be reunified with their family within twelve months.

2 The foregoing time limits do not apply to family reunification in terms of Article 42 paragraph 2.

3 The time limits for family members of:

a. Swiss nationals in accordance with Article 42 paragraph 1 begin on their entry or with the constitution of the family relationship;

b. foreign nationals begin with the granting of a residence or permanent residence permit or with the constitution of the family relationship.

4 A subsequent family reunification shall be authorised only if there are important family reasons therefor.

If necessary, children over 14 shall be consulted on family reunification."

https://www.admin.ch/opc/en/classifi...index.html#a42

The full Act is given here - the relevant section is on pages 250-252.

https://www.bfm.admin.ch/content/dam...ngen-aug-f.pdf

If your ex-husband refused to allow the child to leave at the time maybe the cantonal authorities will wave the 12 month limit - you can but ask.

If they refuse to grant her a permit then there is no other way to bring her to Switzerland I'm afraid. She would need to finish her schooling in Russia and then she could apply at a uni here for a Masters maybe. Or once she graduates she could start applying for jobs, but it's very difficult for a non-EU national to get hired here.
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Old 29.06.2015, 10:04
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Re: Bringing my teenage child ( non EU)

As a holder of a B permit, you are not eligible to bring other family members to Switzerland under the family reunification laws. However, it might be possible to bring family members to Switerland under your B permit as an exception if your home is of sufficient size and you have sufficient income or financial assets:

"Family reunification for third-country nationals living in Switzerland

You are holding a residence permit (permit B)
Holders of a residence permit (permit B) are not entitled to bring family members to Switzerland under the family reunification programme. However, the cantonal migration authorities may make an exception if the third-country nationals holding the residence permit satisfy the following requirements:

The following requirements must be met in order for family reunification to take place:

Your apartment must be large enough – by Swiss standards – to accommodate the entire family.
If you are self-employed or not employed: you must prove that you have adequate financial resources to cover the living expenses of family members."

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

Added:
This is an information sheet for Basel-Landschaft which covers your B permit situation for that half-canton. Under "Fristen" (deadlines) it states that applications for children over 12 years old must be made within 12 months. An application after the deadline can only be approved if important family reasons make it valid.

https://www.baselland.ch/fileadmin/b...ittstaaten.pdf

If you are in Basel-Stadt, and not Basel-Landschaft, try to locate a similar information sheet for the other one-half of the canton as there is no guaranty that the requirements are identical.

Last edited by Mullhollander; 29.06.2015 at 11:06. Reason: Added info
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Old 29.06.2015, 11:08
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Re: Bringing my teenage child ( non EU)

Thank you all for the detailed information!

So, as I understand I should first make an appointment with the local migration office, even before I actually start to prepare documents and apply for her national visa D in the Swiss embassy in Russia.

I am also wondering if she would be able to study for free in a local public school or I will have to pay for her further education?
She is learning German now, but it won't be sufficient enough, and her English is quite good.

Thanks a lot in advance!

M
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Old 29.06.2015, 11:32
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Re: Bringing my teenage child ( non EU)

Compulsory school is for nine years in Switzerland and ends at age 15/16. ch.ch has several link to upper-secondary schooling, which might be useful:
https://www.ch.ch/en/upper-secondary-level/

To answer your question, upper-secondary level education may or may not be "free" depending on the type of school.

Unless she plans to attend a Russian-language school in Switzerland, she needs to master the German language as quickly as possible.

It might be possible to place her in a 10th year class which focuses on improving language skills:

http://www.sba-basel.ch/index.php/92.html
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Old 29.06.2015, 12:22
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Re: Bringing my teenage child ( non EU)

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Thank you all for the detailed information!

So, as I understand I should first make an appointment with the local migration office, even before I actually start to prepare documents and apply for her national visa D in the Swiss embassy in Russia.

I am also wondering if she would be able to study for free in a local public school or I will have to pay for her further education?
She is learning German now, but it won't be sufficient enough, and her English is quite good.

Thanks a lot in advance!

M
In my opinion there's no point in preparing anything until you've talked to the migration office. If they tell you there's no chance then that's the end of the matter unless you want to get lawyers involved. If they tell you it may be possible then get your application in with its supporting documents and she'll need to apply for the Type D herself at the Swiss embassy in Russia. Given that the Swiss wantcopies of things like birth/marriage certificates that are less than 6 months old there's no point in going to the expense of getting them if the canton isn't likely to consider the application at all.
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Old 29.06.2015, 12:49
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Re: Bringing my teenage child ( non EU)

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Compulsory school is for nine years in Switzerland and ends at age 15/16.
11 years, and ends at 14/15 (in Ticino).

Tom
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Old 29.06.2015, 13:08
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Re: Bringing my teenage child ( non EU)

all the Cantons/Kantons that have singed up to Harmos now have 11 years of compulsory schooling from age 4- it used to be 9 years from the age os 6.
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Old 29.06.2015, 13:18
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Re: Bringing my teenage child ( non EU)

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all the Cantons/Kantons that have singed up to Harmos now have 11 years of compulsory schooling from age 4.
Provided they've implemented it (Ticino is signed on, but it won't be implemented for another few years)

In particular, Ticino still uses December 31 as the cut off date, so some kids start at 3.

Tom
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Old 29.06.2015, 18:24
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Re: Bringing my teenage child ( non EU)

Thanks again everyone, will do some research with the links and then arrange the meeting with the migration authorities, and then will understand what to do next... :-)
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