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Old 29.11.2006, 12:09
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Refusal to renew B Permit after divorce?

Hallo everyone

I got married to a Swiss in 2001. I am non EU/EFTA. My ex and I knew each other since 1996. We seperated in October 2003. After a movie like divorce ... which was granted this year ... I applied for a new B Permit in Canton ZH, through my present employer. Since May it was under review Now I received a letter that they refuse to renew my B Permit and I should leave the country, or file an opposition. So my lawyer will do so.

Anyone has some tipps. Heard of simialr stories and what was the outcome?

I am still working and have been offered a super job starting next year in Canton Schwyz on condition I can get a B Permit in Schwyz ...

Any ideas help.

PS : Dear All - try to stay with your Swiss partner for 5 years even if it's bad otherwise you will be kicked out or face difficulties especially if your are NON EU / EFTA national. Kanton ZH is really unbelievably more diffcult than other Cantons.

Last edited by Liya; 12.02.2007 at 17:06.
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Old 03.12.2006, 22:53
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Re: Refusal to renew B Permit after divorce?

Hi

I feel for you. Hope you succeed in getting your permit renewed. Keep us updated and Good luck.

Snowy
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  #3  
Old 03.12.2006, 23:36
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Re: Refusal to renew B Permit after divorce?

I can understand them not renewing ur B permit on the basis that you are no more a spouse of a Swiss Citizen. But you can get an independent B permit just on the basis of the super job you mentioned. If your employer supports your candidature then normally you should be able to get a permit.

On a lighter note I cannot advise someone to just live with his/her partner for 5 years to get a darn permit..no!
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Old 04.12.2006, 01:13
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Re: Refusal to renew B Permit after divorce?

Quote:
But you can get an independent B permit just on the basis of the super job you mentioned. If your employer supports your candidature then normally you should be able to get a permit.
Once you are no longer a spouse of a Swiss citizen you become part of the quota system again. Basically the new company will now have to go into bat for the employee and that will involve a lot of submissions on their part. Remember, you now fall into the 3rd class ranks, being outside the CH/EU. Cantonal factors, together with the size and influence of the company will be important. If they are waiting for you to get the permit without any effort on their part then I am not optimistic.
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Old 04.12.2006, 08:55
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Re: Refusal to renew B Permit after divorce?

And since you are a non-EU, your employer will also need to prove that there are no Swiss or EU citizens available to do the job he/she is offering you.
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Old 04.12.2006, 23:14
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Re: Refusal to renew B Permit after divorce?

Thanks guys, my new employer is gonna make an application. So keep your fingers crossed for me.

Cheers Liya
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  #7  
Old 04.12.2006, 23:19
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Re: Refusal to renew B Permit after divorce?

I feel for your predicament. My fingers are crossed for you!!
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Old 06.12.2006, 08:02
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Re: Refusal to renew B Permit after divorce?

Good luck! I hope it works out for you.
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Old 06.12.2006, 11:27
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Re: Refusal to renew B Permit after divorce?

Hi All, I find my self in a similar predicament. I am a brit and married a brit here last year, we have an 18 month old little boy. We split up for good yesterday. I am due for a c permit. No divorce has been filed for as yet. Does anyone know what my chances are of getting a c permit? Should I get my running shoes on and get up to the Gemeinder now?
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Old 06.12.2006, 11:32
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Re: Refusal to renew B Permit after divorce?

As far as I understand you as a Brit have nothing to worry about. My gut feeling is that you will be ok. Sorry to hear about the seperation.
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Old 06.12.2006, 11:37
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Re: Refusal to renew B Permit after divorce?

indeed Brits and other EU citizens will get a permit without a problem with the bilateral agreements kicking in.
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Old 06.12.2006, 11:46
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Re: Refusal to renew B Permit after divorce?

Thanks all! I only found your site a week ago and have been enjoying it throughly....I have been here 6.5 years and wish I could continue to contribute more to you all....however, due to shi**y circumstances in which I now find myself the only thing for me to do is go back to the UK. As much as I hate to have to do it as I have grown to love ZRH - even though it was a bit tough in the beginning.
I would love for my son to grow up here and not in the UK (a fate worse than death!!). Who knows what the future holds....

Keep up the fab work on the forum and I will send out an email with the forum link to all the expats I know.
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Old 06.12.2006, 15:25
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Re: Refusal to renew B Permit after divorce?

Have a look at tis as well . I'll cross fingers for you Cheers L

http://www.justlanded.com/english/sw...idence_permits
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Old 06.12.2006, 15:30
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Re: Refusal to renew B Permit after divorce?

Sorry bails if thelink does not work try looking into this thread.

information on Residence Permits.
NicM
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Old 03.02.2007, 19:16
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Re: Refusal to renew B Permit after divorce?

Quote:
Hallo everyone
Quote:

I got married to a Swiss May 2001. I am South Africa. My ex and I knew each other since 1996 and I left him October 2003. After a movie like divorce ... which was granted May 15 this year ... I applied for a new B Permit in Canton ZH, through my present employer. Since May it was under review Now I received a letter that they refuse to renew my B Permit and I should leave the country, or file an opposition. So my lawyer will do so.

Anyone has some tipps. Heard of simialr stories and what was the outcome?

I am still working and have been offered a super job starting next year in Canton Schwyz on condition I can get a B Permit in Schwyz ...

Any ideas help.

PS : Dear All - try to stay with your Swiss partner for 5 years even if it's bad otherwise you will be kicked out or face difficulties especially if your are NON EU / EFTA national. Kanton ZH is really unbelievably more diffcult than other Cantons.
Hi Liya

Had you been married up to a total of five years? And did you reside her five years without interruption? If yes, you should be granted Permit C! - despite the fact you are divorced in the meantime.

Quote:
Ausländische Ehegatten von Schweizerinnen und Schweizern haben, sofern die Ehe rechtlich besteht, nach einem ordnungsgemässen und ununterbrochenen fünfjährigen Aufenthalt in der Schweiz grundsätzlich Anspruch auf Erteilung der Niederlassungsbewilligung (Art. 7 Abs. 1 ANAG). Nur der ununterbrochene Aufenthalt in der Schweiz während der Ehe wird an diese Frist angerechnet (BGE 122 II 145). Nach Ablauf der fünfjährigen Frist besteht das Recht auf Niederlassung auch nach einer Scheidung oder nach dem Ableben des schweizerischen Ehegatten. Sofern die übrigen materiellen Voraussetzungen erfüllt sind, ist der Anspruch nach Ablauf dieser Frist selbst dann gegeben, wenn das BFM die Entlassung aus der eidgenössischen Kontrolle noch nicht verfügt hat (BGE 122 II 4 und unveröff. BGE vom 26. Februar 1997 i. S. X. A., 2A.484/1996).
(taken from: http://www.weisungen.bfm.admin.ch/re...e_ch_d.asp#624)

I hope you can read this, if not pls let me know I would try and translate it. You should claim your C permit based on article 7 federal law regarding residence and settlement of foreigners (http://www.admin.ch/ch/d/sr/142_20/a7.html)

All the best,
lala
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Old 03.02.2007, 19:26
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Re: Refusal to renew B Permit after divorce?

Lala,
This is an old case that zyou have brought up again. I will say don't even dream of it. Their No remains. He was given the Permit because of the Swiss lady so if they are divorced, he has to be kicked off and the Super ner Employer should apply for him to come back.
The Law is clear but complicated if it does not favour you.

Quote:

Hi Liya

Had you been married up to a total of five years? And did you reside her five years without interruption? If yes, you should be granted Permit C! - despite the fact you are divorced in the meantime.


(taken from: http://www.weisungen.bfm.admin.ch/re...e_ch_d.asp#624)

I hope you can read this, if not pls let me know I would try and translate it. You should claim your C permit based on article 7 federal law regarding residence and settlement of foreigners (http://www.admin.ch/ch/d/sr/142_20/a7.html)

All the best,
lala
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  #17  
Old 03.02.2007, 19:39
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Re: Refusal to renew B Permit after divorce?

Quote:
Lala,
This is an old case that zyou have brought up again. I will say don't even dream of it. Their No remains. He was given the Permit because of the Swiss lady so if they are divorced, he has to be kicked off and the Super ner Employer should apply for him to come back.
The Law is clear but complicated if it does not favour you.
Qoolqat

I am sorry to have brought this up again, when I surf the forum I don't always watch the date of posting. However, this was not up to two months ago, we can assume that the problem still consits.

Yes, Liya, who I believe was a "she", was given a B permit because of her swiss spouse. After five years of marriage however one usually reaches an independent right of abode, which would be the Niederlassungsbewilligung C. Only a few objections could then restrain the reception of that C permit, for example if Liya was to threaten Switzerland's Inner or Outer security. Or if the lawfulness of her marriage was an issue for the authorities right from the time.

lala
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Old 03.02.2007, 19:52
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Re: Refusal to renew B Permit after divorce?

Lala,
Did I read threaten? Just withdraw that word. We can go deep into this issue but let me just make it short. He should be lucky he is still in Swiss. I know cases where the Swiss pass is withdrwan after he got the post to go for the pass so get it right that he is here because of the wife and if the marriage is broken even the last day, he has no status.

Quote:
Qoolqat

Yes, Liya, who I believe was a "she", was given a B permit because of her swiss spouse. After five years of marriage however one usually reaches an independent right of abode, which would be the Niederlassungsbewilligung C. Only a few objections could then restrain the reception of that C permit, for example if Liya was to threaten Switzerland's Inner or Outer security. Or if the lawfulness of her marriage was an issue for the authorities right from the time.

lala
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Old 03.02.2007, 20:48
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Re: Refusal to renew B Permit after divorce?

Do you know Liya? this n a personal issue between you and "him"?

I don't know what you're driving at, but the tips I gave were facts and from official sources.

If somebody's Swiss passport is withdrawn then because it was granted after the applicant had presented fradulent facts to support his application. The requirments for a permit C however are different, so let's not mix up things.

cheers,
lala
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Old 03.02.2007, 20:55
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Re: Refusal to renew B Permit after divorce?

Don't get me wrong. This is not personal but I will end it up here and wish him/her Good Luck.


Quote:
Do you know Liya? this n a personal issue between you and "him"?

I don't know what you're driving at, but the tips I gave were facts and from official sources.

If somebody's Swiss passport is withdrawn then because it was granted after the applicant had presented fradulent facts to support his application. The requirments for a permit C however are different, so let's not mix up things.

cheers,
lala
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