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Old 11.12.2015, 22:51
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Need help figuring out visa situation

Hi everyone I am new to this forum. I am an American citizen living in USA. I met my Macedonian fiance visiting in Macedonia.

We have had a long distance relationship, and we have decided we want to spend our lives together. He currently lives in Germany. He is not a German citizen though. He is a Macedonian citizen, but he is allowed to permanently work in Germany and he is allowed to live there.

He told me he would like for us to move to Switzerland and live there, because there is a lot of opportunity for him there because of his job.

What kind of Visa do I need? What do I need to do? I told him I doubt I will be able to live there because I am not a citizen, but he keeps telling me not to worry and I will be able to live there. I need to know the truth, I tried to contact the Swiss Embassy but I havent had anyone answer the phone to help me . I was wondering if anyone on here can help.
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Old 11.12.2015, 23:20
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Re: Need help figuring out visa situation

I interpret your question to be about obtaining a Swiss residence permit as the girlfriend of a non-EU citizen (Macedonian) who plans to move from Germany to Switzerland.

Comments:
1) Since he is non-EU, he will need to obtain a job in Switzerland before moving here.
2) As a US citizen, also non-EU, it will be difficult for you to obtain a Swiss residence permit unless you find a job here or unless your boyfriend, after he successfully moves here, obtains a concubinage permit for you.

You might wish to read this recent thread on the topic:

Moving Without Job

Germany has special legislation for Americans wishing to live in Germany. It would be much easier for you, as an American citizen, to move to Germany than Switzerland based on what you have said in your post.

Have you explored whether you have the right to an EU citizenship by descent, such as Irish, Italian, etc.?
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Old 11.12.2015, 23:22
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Re: Need help figuring out visa situation

First of all your fiance needs to get a job in Switzerland, once he gets one, he will be given either L or B permit. After that, he can apply for a dependent visa for you (given to married couples). You can live in Switzerland on dependent visa and work (also depends, if you get dependent L or B).
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Old 11.12.2015, 23:23
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Re: Need help figuring out visa situation

The answer is neither of you can live here I'm afraid.

The fact that your fiance is allowed to live and work in Germany means nothing in Switzerland as Switzerland is not part of the EU. As far as they are concerned he's still a 3rd state national and as such needs to find a Swiss employer who could hire him and they have to prove to the Swiss authorities that they can't find a Swiss/EU national to hire.

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

The same applies to you if you're looking to work here. Otherwise, unless you're independently wealthy and don't need to work you have no way of moving here at the moment.
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Old 12.12.2015, 00:44
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Thanks for writing back to me everyone , I really appreciate your guys help!

I really see a few different answers here so I am still confused. What is the difference between L & B visa?

Also if he is self-employed can it be easier to live and work there?

He is telling me its very easy for him to live there and work there. I don't understand He has a Macedonian passport, how can he just live and work in Switzerland? Wouldn't that make him an illegal immigrant? (If so, then I do not feel comfortable moving to Switzerland) If he gets a visa in Switzerland to be able to work there, then can I marry him in Switzerland and be able to live in Switzerland with him? Do I need to apply for a visa in USA?

He has a Macedonian passport, and he says to me he is allowed to work in Germany and live in Germany. Someone on here said it would be easier for me to live in Germany. Which route would I take to do that? I dont mind living in Germany or Switzerland I just want to live w/my fiance. So any help would be greatly appreciated

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Have you explored whether you have the right to an EU citizenship by descent, such as Irish, Italian, etc.?

No I don't have any right to EU Citzenship, both of my parents are born in Macedonia.

Last edited by glowjupiter; 12.12.2015 at 23:04. Reason: Merged posts - please use multiquote button.
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Old 12.12.2015, 00:56
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Re: Need help figuring out visa situation

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Thanks for writing back to me everyone , I really appreciate your guys help!

I really see a few different answers here so I am still confused. What is the difference between L & B visa?

Also if he is self-employed can it be easier to live and work there?

He is telling me its very easy for him to live there and work there. I don't understand He has a Macedonian passport, how can he just live and work in Switzerland? Wouldn't that make him an illegal immigrant? (If so, then I do not feel comfortable moving to Switzerland) If he gets a visa in Switzerland to be able to work there, then can I marry him in Switzerland and be able to live in Switzerland with him? Do I need to apply for a visa in USA?

He has a Macedonian passport, and he says to me he is allowed to work in Germany and live in Germany. Someone on here said it would be easier for me to live in Germany. Which route would I take to do that? I dont mind living in Germany or Switzerland I just want to live w/my fiance. So any help would be greatly appreciated
Medea-fleecestealer wrote you a top dolar advice.
Impossible, unless Macedonian husband is top scientist or one of you is very wealthy. Ignore other advice
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Old 12.12.2015, 01:08
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Re: Need help figuring out visa situation

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Thanks for writing back to me everyone , I really appreciate your guys help!

I really see a few different answers here so I am still confused. What is the difference between L & B visa?

Also if he is self-employed can it be easier to live and work there?

He is telling me its very easy for him to live there and work there. I don't understand He has a Macedonian passport, how can he just live and work in Switzerland? Wouldn't that make him an illegal immigrant? (If so, then I do not feel comfortable moving to Switzerland) If he gets a visa in Switzerland to be able to work there, then can I marry him in Switzerland and be able to live in Switzerland with him? Do I need to apply for a visa in USA?

He has a Macedonian passport, and he says to me he is allowed to work in Germany and live in Germany. Someone on here said it would be easier for me to live in Germany. Which route would I take to do that? I dont mind living in Germany or Switzerland I just want to live w/my fiance. So any help would be greatly appreciated
As self-employed he has no chance of getting a work/residence permit.

He would have to get a job with a Swiss employer... who would have to prove that they can find no EU citizen to do the job. Then he would have to marry you and bring you over as his dependant.

Best to stick with Germany.
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Old 12.12.2015, 02:37
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Re: Need help figuring out visa situation

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He has a Macedonian passport, and he says to me he is allowed to work in Germany and live in Germany. Someone on here said it would be easier for me to live in Germany. Which route would I take to do that? I dont mind living in Germany or Switzerland I just want to live w/my fiance. So any help would be greatly appreciated
To be on the safe side, you might want to confirm that he is living and working in Germany legally. He should have an Aufenthaltstitel that looks like this:

http://www.mz-web.de/mitteldeutschla...,20639730.html
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Old 12.12.2015, 10:10
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Re: Need help figuring out visa situation

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Thanks for writing back to me everyone , I really appreciate your guys help!

I really see a few different answers here so I am still confused. What is the difference between L & B visa?

Also if he is self-employed can it be easier to live and work there?

He is telling me its very easy for him to live there and work there. I don't understand He has a Macedonian passport, how can he just live and work in Switzerland? Wouldn't that make him an illegal immigrant? (If so, then I do not feel comfortable moving to Switzerland) If he gets a visa in Switzerland to be able to work there, then can I marry him in Switzerland and be able to live in Switzerland with him? Do I need to apply for a visa in USA?

He has a Macedonian passport, and he says to me he is allowed to work in Germany and live in Germany. Someone on here said it would be easier for me to live in Germany. Which route would I take to do that? I dont mind living in Germany or Switzerland I just want to live w/my fiance. So any help would be greatly appreciated
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To be on the safe side, you might want to confirm that he is living and working in Germany legally. He should have an Aufenthaltstitel that looks like this:

http://www.mz-web.de/mitteldeutschla...,20639730.html
As Mullhollander shows if he has permanent residency rights then he should have a blue card. More on that here:

http://www.bluecard-eu.de/eu-blue-card-germany/

The blue card does allow him to move to another EU country, but as I said Switzerland is NOT part of the EU so the card does not allow him to move here.

"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.sem.admin.ch/sem/en/home...rbeit/faq.html

Becoming self-employed here is also difficult for non-EU nationals, but it may be possible. He will need to present his business plan, show sufficient funding, etc, to get approval.

http://www.kmu.admin.ch/kmu-gruenden...x.html?lang=en

Understand that just registering a company here does not grant you residency/work rights. Should he decide he wants to start a GmbH for example, that company would still have to abide by the non-EU hiring rules and prove that it can't find a Swiss/EU national who could do the job. Anything other than sole trader (GmbH, SA, AG) would also require at least one of the directors to be either a Swiss national or someone who holds a Swiss residency permit.

non EU citizen, have set up a company but can't get a permit. HELP..

The difference between the permits is that the L permit is issued for jobs/contracts of 12 months or less, the B permit for those over 12 months. Both these permits are renewable yearly for non-EU nationals.

As far as marriage goes, yes if he manages to make the move to Switzerland then he could apply for a fiance visa for you so you could then marry here. It will take time and a lot of paperwork and you would need to apply for a Type D visa at the Swiss embassy in the States which would allow you to enter Switzerland long term legally. This would only be issued to you IF the fiance visa is granted. The Swiss don't really do unmarried couples so marriage is your best option. If he has a B permit then you would get the same and that would also allow you to work here without needing authorisation from the Swiss authorities. If he has an L permit that only grants you residence and you would need to seek authorisation from the Swiss authorities if you wanted to work. You would also need to have professional qualifications, i.e. university degree. As you'd be his dependent should he lose the right to stay in Switzerland so would you regardless of whether you have a job here and could support yourself financially. Your right to live/work here depends totally on his.

Frankly as he's already in Germany, it's probably best he stays there and you look at ways to move there to be with him.
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Old 12.12.2015, 10:36
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Re: Need help figuring out visa situation

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As Mullhollander shows if he has permanent residency rights then he should have a blue card. More on that here:

http://www.bluecard-eu.de/eu-blue-card-germany/

The blue card does allow him to move to another EU country, but as I said Switzerland is NOT part of the EU so the card does not allow him to move here.
Just to clarify, there are several German permits that a non-EU citizen residing in Germany could have in addition to the EU Blue Card. These would include:

die (befristete) Aufenthaltserlaubnis,
die (befristete) Blaue Karte EU,
die (unbefristete) Niederlassungserlaubnis und
die (unbefristete) Erlaubnis zum Daueraufenthalt-EU.

The German permit card looks the same irrespective of the permit except what is listed below the "Art der Titel" (type of permit) on the permit.

More information is on this Wiki page:

https://de.wikipedia.org/wiki/Aufenthaltstitel

It is not uncommon for non-EU citizens to reside and work in Germany illegally, e.g., claiming that that they are tourists. You might want to confirm that your boyfriend is living and working there legally before making the move.
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Old 16.12.2015, 18:10
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Re: Need help figuring out visa situation

I talked to him and he said he will be working on a farm or something like that and he will get some type of visa allowing him to work on the farm, and he said I will be able to live there with him, is this true?
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Old 16.12.2015, 19:00
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Re: Need help figuring out visa situation

Short answer, no.
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Old 16.12.2015, 20:43
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Re: Need help figuring out visa situation

You will only be able to live with him in Switzerland after marriage.
You need to ask him what kind of Visa does he get and for how many years.
As far as I know working visa is valid for 5 years.
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Old 16.12.2015, 20:58
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Re: Need help figuring out visa situation

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I talked to him and he said he will be working on a farm or something like that and he will get some type of visa allowing him to work on the farm, and he said I will be able to live there with him, is this true?
best advice I can give: wake-up and run.
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Old 16.12.2015, 21:02
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Re: Need help figuring out visa situation

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He told me he would like for us to move to Switzerland and live there, because there is a lot of opportunity for him there because of his job.
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I talked to him and he said he will be working on a farm or something like that and he will get some type of visa allowing him to work on the farm, and he said I will be able to live there with him, is this true?


Tom
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Old 16.12.2015, 21:18
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Re: Need help figuring out visa situation

A farmer is regarded in Germany as TEMPORARY MIGRANT LABOR
and has zero settlement rights in GERMANY.. *might be special provisions, but i doubt it*
so in short your going to be out of luck getting him to sponsor you for life in GERMANY and
you can ABSOLUTELY forget getting a visa in Switzerland
with that kind of employment..

Best LUCK....
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Old 16.12.2015, 22:20
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Re: Need help figuring out visa situation

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best advice I can give: wake-up and run.
Exactly what I was thinking from the very beginning of this thread... But who am I to judge?
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Old 16.12.2015, 23:04
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Re: Need help figuring out visa situation

very true. i was just trying to point out the facts... i think its nice
someone has falled for other however. the might want to fly over
and actually meet said person before shacking up with them..
just some common sense..
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Old 16.12.2015, 23:12
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Re: Need help figuring out visa situation

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Hi everyone I am new to this forum. I am an American citizen living in USA. I met my Macedonian fiance visiting in Macedonia.
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very true. i was just trying to point out the facts... i think its nice
someone has falled for other however. the might want to fly over
and actually meet said person before shacking up with them..
just some common sense..
I think - could be wrong of course - but I do think she's already done that.
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Old 18.12.2015, 00:01
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Re: Need help figuring out visa situation

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As self-employed he has no chance of getting a work/residence permit.

He would have to get a job with a Swiss employer... who would have to prove that they can find no EU citizen to do the job. Then he would have to marry you and bring you over as his dependant.

Best to stick with Germany.
Is that necessarily true? For a US citizen there is the Convention of friendship, commerce and extradition signed at Berne November 25, 1850 that justifies the grant of E1/E2 visas to Swiss citizens opening a qualifying business in the USA (and presumably reciprocally for US citizens in Switzerland). And for Macedonia Abkommen vom 26. September 1996 zwischen dem Schweizerischen Bundesrat und der mazedonischen Regierung über die Förderung und den gegenseitigen Schutz von Investitionen (which I suspect is less generous). In either case the spouse would qualify for derivative status.

Of course not every "self-employment" would qualify, but some would.
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