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  #41  
Old 21.12.2015, 18:53
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Re: What options does an American have?

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I'm from Argentina, non EU. and in certain way, american too.

I came to switzerland with a 6 month visa with the promise I will get married. (I am now, I had been with my -then- boyfriend for 7 years, so when he wanted to got back to Switzerland, we decided to get married)
I had to do all the paperwork in the Swiss embassy in Argentina. I came here before getting the visa, since I knew I could be here legally for 90 days and I got my visa before this 90 days expired. Of course, the date of the beginning of the 6 month visa was on the day I enter the EU and not when it was granted.

anyway, my husband was already here, since he didn't had a work or place to live, so we didn't want to come the two of us without a place to stay nor some sort of income. So if any of you have a job already in Switzerland or a place to stay, I would recommend you to come first and check that out.

So, that could be a posibility for your man. I believe that 6 months are enough to see if both of you like to be here. And once you get the visa, you can also ask for an extension.

On the other hand, the visa doesn't allow you to work.

Once married I got my B permit and let me tell you, even though is not so easy to find a job.

So my recomendation would be to try to get him legally. Of course you can be here ilegaly, but you will find difficulties to find a job, have a health insurance, bank account etc.
So what I don't get, is why comming here ilegally when you have options to do it legally?
Thanks so much for your input, I think that' the route we'll take - I'll look more into that too and also talk to our consulate! I will have a job and appartement once we get there so that's a big safety net for us, and he's got enough money saved up to survive without a job until he can find one. Again, thank you for sharing your story with me
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  #42  
Old 21.12.2015, 18:54
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Re: What options does an American have?

I think somewhere along the line you are reading concern as hate, dislike, rudeness or being judgemental.

The rules regarding illegal workers are being enforced more. More checks are being made. Most of us live here. Many of us read local newspapers. Some of us know folk who have had difficulty getting paperwork sorted. If you ask for opinions or advice, some of the answers are not going to suit your way of thinking. That's life. Especially here.
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  #43  
Old 21.12.2015, 18:55
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Re: What options does an American have?

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Exactly. If he overstays it goes on his record and makes getting a visa legitimately later more difficult if not impossible.
Yes, we'll want to travel all over so definitely reconsidering that illegal option for a more legal one...
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  #44  
Old 21.12.2015, 18:57
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Re: What options does an American have?

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I think somewhere along the line you are reading concern as hate, dislike, rudeness or being judgemental.

The rules regarding illegal workers are being enforced more. More checks are being made. Most of us live here. Many of us read local newspapers. Some of us know folk who have had difficulty getting paperwork sorted. If you ask for opinions or advice, some of the answers are not going to suit your way of thinking. That's life. Especially here.
You may be right - I'm sure it's more concern although some comments were definitely rude! It really does touch me though to see this much interactiveness - it's great!
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  #45  
Old 21.12.2015, 18:57
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Re: What options does an American have?

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It is indeed touching to see how much people care, and I highly value everyone's opinion. I will take it all into consideration which is why I wrote on this forum.

I didn't think about that but yes, Europe is under Schengen laws so, even if traveling he would overstay so it doesn't matter. Thanks for pointing that out

Here is what I'm thinking is the best option after reading your comments: go to Switzerland 3 months, see if he likes it and if so we'll look into the concubinage permit. From what I read it's available in Vaud so I think it's the best option. If all else fails come back to the US and get married.

I realize the risk of him being illegal if he gets sick or something happens. Is it worth the risk? I don't know, it's something we need to seriously consider.

Look, to the haters - I know dancing around laws is not the example of a perfect citizen, but sometimes you have to. Sometimes, often times, the government f**ks you over. So, SOMETIMES, it's ok to fly under the radar. I'm a good person - I pay my taxes, I over-tip at restaurants, I'm an equine therapist, I volunteer at shelters and help the homeless, so get your judgemental selves outta here - I'm fine with constructive critisizm but no need to get all judgy and rude...

The math doesn't add up because I'm being rough with the numbers, does anyone really care? OK I grew up in CH, moved to US when I was 12, came back to CH when I was 15 and stayed 2 years then back to the US 2 years then back to CH 4 years and now I've been in US almost 2 years. Now you may re-do your math - I'm 24

Anyone have morenipp information on concubinage permit for VD canton?

PS: I know plenty of employers why hire illegal immigrants and take that risk because it's worth it to them (no taxes, no insurance to pay and lower salaries) - mainly in the restaurant and construction industries
I think that's best. For one thing he'll need to go back to the US to apply for a Type D visa to enter Switzerland long term legally if the concubine permit is granted. He'd need to apply at the Swiss embassy/consulate in the US at the same time you apply for the permit here. If the permit is granted then the visa will be too and it'll be stamped in his passport.

He can also begin to see what jobs might be available to him here in preparation for getting a concubine permit. If it allows him to work then he'll already have contacts to follow up. Starting to learn French will also help him if he doesn't speak it already.
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  #46  
Old 21.12.2015, 18:58
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Re: What options does an American have?

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Please reconsider your approach! I know you are young and (probably and hopefully) healthy, but there is a certain element of risk. Just for the record, I also knew someone (from South America) who managed to live in Geneva illegally for 7 years! It seemed to be working out of her, until she suddenly got sick and the situation became really ugly for her.
Thank you, yes definitely reconsidering after reading all these comments. I just felt like the illegal route was the only option but I'm now seeing there may be more legitimate ways to do this
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  #47  
Old 21.12.2015, 19:01
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Re: What options does an American have?

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I know plenty of employers why hire illegal immigrants and take that risk because it's worth it to them (no taxes, no insurance to pay and lower salaries) - mainly in the restaurant and construction industries
It USED to be worth it, now they get raided far to often.

I know people who have been present at such raids.

I also know someone who overstayed in the US for three days, and got a ten YEAR ban afterwards.

Tom
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  #48  
Old 21.12.2015, 19:05
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Re: What options does an American have?

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I'm getting confused.
Profile: Swiss/American having lived just about half and half in the Vaud region and Florida


My maths skills aren't up to this.

Quite apart from the legal situation concerning your man, are you sure than you will be able to find a job all that easily? I presume you have relatives in Waadt and that accomodation and finances are in order for the beginning of your stay here but the job market is not as 'lively' as it once was. Even Swiss living here already with good qualifications and lots of contacts don't find it easy.

Hope all goes well for you both and that you find a good solution to the problematic situation.
Hi there, I did the math more precisely for you, it's in another reply When I go to Switzerland, I will have a job (I'm applying from the U.S. and having Skype interviews). And you are right, the market definitely isn't as lively but something will turn up. And yes finances and accommodations are in order as well! I appreciate the concern, thanks for the tip off
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  #49  
Old 21.12.2015, 19:12
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Re: What options does an American have?

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It USED to be worth it, now they get raided far to often.

I know people who have been present at such raids.

I also know someone who overstayed in the US for three days, and got a ten YEAR ban afterwards.

Tom
Yeah, with everything going on in the world, it may be best to not join the dark side just yet
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  #50  
Old 21.12.2015, 19:19
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Re: What options does an American have?

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I didn't think about that but yes, Europe is under Schengen laws so, even if traveling he would overstay so it doesn't matter. Thanks for pointing that out
I hope you didn't lump in the ones you thought where being rude, the above is why I have replied. Because it's not something you can really just go back and say ooops and fix.

I watched a few series on youtube with border control and some sad stories of people getting deported because of an overstay, although really there was no reason to deport other than the law. Sucks but that is how it works.

I don't know the line of work your boyfriend is in but I know someone who was rejected in Switzerland but did get a permit in France and now they live just across the border in France. May be an option as well, depending on what type of work he does.
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  #51  
Old 21.12.2015, 19:21
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Re: What options does an American have?

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Yeah, with everything going on in the world, it may be best to not join the dark side just yet
there are lots of other swiss rules you can break though, just to keep the inner rebel inside happy.

You know.... washing clothes on Sunday, late night baths, and if you're really in the mood to be naughty you can go over to France and buy a lot of stuff and not declare it!
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  #52  
Old 21.12.2015, 19:27
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Re: What options does an American have?

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It USED to be worth it, now they get raided far to often.

I know people who have been present at such raids.

I also know someone who overstayed in the US for three days, and got a ten YEAR ban afterwards.

Tom
I have told this story many times.

I had a Jewish Iranian acquaintance who had been a factory owner in Iran who, when he saw in the press that Khomeini had kissed Yasser Arafat, immediately sold his factory for several million $, converted it into pounds Sterling (just before the foreign exchange market was closed down) and went into exile in Europe. For reasons of his old business he had multiple-entry business visas for Britain and for Finland.

For a few years he would spend 6 months in each country, staying at the best hotels. One time, when his 6 months in Britain was running out, he fell ill. As a result he left for Finland a few days late.

In those days (1980-81) British immigration officers still (as it will again now) checked passports on departures. An officious (female) officer looked at his passport, looked at Mr. M, and asked "Just where have you been staying all this time?"

Mr. M replied that he'd been ill, and that he'd been staying at the Churchill Hotel, and handed over his hotel receipt for £25,000. (In those days that was real money.)

The clerk replied: "It's been nice having you in Britain Mr. M. Come again soon."

(For a number of years the Churchill Hotel had a salad on its luncheon menu named after Mr. M. For all I know it may still do. Shortly after this incident, Mr. M bought a small flat on Portman Square near the hotel. But he still stayed in the hotel. I think he used the flat for storage of his stuff.)
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  #53  
Old 21.12.2015, 20:26
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Re: What options does an American have?

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remember however that when he enters Schengen for the first time his six months period is starting to count. That means if he enters on 1st January 2016 then until 30 June 2016 he can stay 90 days with of course multiple enter exit.

Then after 1 July 2016 he starts the complete clean period. If he enters say on 1 August he will have counted six months period until 28 February 2017 etc...

I am telling you this not to think that after 90 days in Vaud he can fly to Dublin, exit Schengen, and then tomorrow re-enter and new 90 days start. No.
This isn't right. Rules changed in 2013 and it's now a rolling count. See this:

https://www.sem.admin.ch/sem/en/home...tsrechner.html

Examples and a calculator to help you understand it all. Which so far I can't.
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  #54  
Old 21.12.2015, 22:25
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Re: What options does an American have?

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this definition is a bit different and more difficult to follow. It says do not stay longer than 90 days within ANY 180 days.
you also need to show you are a tourist. If you have a 3 month ticket they can ask for proof you can support yourself for 3 months. If they think you're going to overstay they can reject you, or if they feel you are working etc.

It's misunderstood that people think since you don't need a visa that you are guaranteed entry, which isn't the case, you still have to satisfy the immigration officer at port of entry.
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Old 21.12.2015, 23:51
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Re: What options does an American have?

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This isn't right. Rules changed in 2013 and it's now a rolling count. See this:

https://www.sem.admin.ch/sem/en/home...tsrechner.html

Examples and a calculator to help you understand it all. Which so far I can't.
What's hard to understand?

Out of the past 180 days, you can't be in Schengen for more than 90. Simple.

Tom
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  #56  
Old 22.12.2015, 00:23
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Re: What options does an American have?

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Schengen Area is a house with many doors and nobody gives a f. for anything. You enter in Spain and say hi I am from USA and want to travel across EU. They let you in. You spend next three months in Estonia. No questions asked.
That is so dependent on the immigration officer, the person etc. The same with every tourist entering on a visa wavier. If they dont buy your story it's even easier than ever for them to figure stuff out, they just read your phone messages
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  #57  
Old 22.12.2015, 07:16
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Re: What options does an American have?

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This isn't right. Rules changed in 2013 and it's now a rolling count. See this:

https://www.sem.admin.ch/sem/en/home...tsrechner.html

Examples and a calculator to help you understand it all. Which so far I can't.
Very true Medea. Took me a while to figure out the rolling count method of calculating the 90 days.
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