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Old 15.06.2016, 20:12
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Marriage reunification visa. Urgent advice needed.

Hello all,


I recently got married to my Swiss husband. I am in Switzerland on a student permit which expires soon. When I consulted the immigration authorities before we married, they said it won't be a problem extending my permit post marriage. However, they were rude and condescending to me today and claimed that I had "no business" getting married" on a student visa. (Legally, this is allowed.)

Now, I have to apply for a family reunification visa and they aren't sure how long it will take. Does anyone have experience with this? I have been with my partner for seven years! It is supremely humiliating to be treated like this.

Does anyone have any advice for me? Obviously, I am a non-EU citizen.

Disgruntled.

Thanks, in advance.
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  #2  
Old 15.06.2016, 20:27
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Re: Marriage reunification visa. Urgent advice needed.

Technically, you came here as a student and signed a document saying you'd leave when you finished your studies. Now you want to change that and be here on family reunification. As such, you're changing your immigration status.

The length of time for processing can vary. The average I've seen is 6-12 weeks, depending on which country you come from. Some nationals seem to get extra scrutiny and need more forms apostilled, etc.

I don't know whether you can stay here while the D-visa is processing. Normally you have to apply in your home country and wait until the visa is stamped before you can enter. I've read a few stories where folks were given permission to go to France or Germany to get the stamp and then come back.

As you got married here, I assume all the legal paperwork is in order and in a national language. So hopefully it won't be as complex as if you'd been married abroad and had to translate paperwork, etc.

Which authority granted you the marriage permission and issued the paperwork? The same one that was rude to you today? Are you in BL or BS?

Hopefully some other members who have been through it can offer their personal experiences.
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Old 15.06.2016, 20:39
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Re: Marriage reunification visa. Urgent advice needed.

Hello 3Wishes,

( I wish you could grant me three wishes.) Thanks a lot for your reply.

I got married in Basel and my marriage certificate is in the national languages. While it is true that I agreed to leave Switzerland after my studies, the authorities had said that it shouldn't be any problem converting to a spouse visa without having to leave the country. They guaranteed that I wouldn't have to leave the country but gave me a different story today.

The permission to marry was granted by the Civilstandamt in Basel.


Anyway, I am hoping to hear some positive experiences here.

Thanks again.
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Old 15.06.2016, 21:01
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Re: Marriage reunification visa. Urgent advice needed.

She already lives here as a legal resident! She does not need a D _entry_ visa.

The commune is just being bitchy.

Fill out the family reunification paper work and submit the requested documents. You don't have to leave. Just wait. Also you are allowed to wait in country once you submit your application even if you permit expires. But don't wait. Submit your application and docs now.
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Old 15.06.2016, 21:05
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Re: Marriage reunification visa. Urgent advice needed.

You are not required to leave. You are a spouse of a Swiss citizen. I hope you already handed in your paperwork. You should be able to get a letter from the migration authorities confirming that your permit is being processed. You can stay as long as your permit as being processed. There is document confirming this, unfortunately I have no time to look now. Will try to find later.
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Old 15.06.2016, 21:43
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Re: Marriage reunification visa. Urgent advice needed.

Aleydis, please do post a link if you can find it. I've been hunting on ch.ch and the SEM and can't find anything concrete.

I'm just going off many stories on EF, where the procedure seems to vary with the whim of the authorities. Some folks already here were told to leave to get the visa. Others were told no problem, you can stay while it's processing. Others were told they don't need a visa at all since they're already here.

I agree with miniMia that the commune is being bitchy. They already gave the permission for the marriage to take place here, so it doesn't make sense why they're giving OP a hard time now.

OP just to clarify - have you applied for a visa, or have you applied for a new residence permit based on family reunification? In Switzerland a visa is not the same as a residence permit. The visa is just used to enter the country. You probably have one in your passport from when you came here to study.
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Old 15.06.2016, 23:08
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Re: Marriage reunification visa. Urgent advice needed.

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Aleydis, please do post a link if you can find it. I've been hunting on ch.ch and the SEM and can't find anything concrete.

I'm just going off many stories on EF, where the procedure seems to vary with the whim of the authorities. Some folks already here were told to leave to get the visa. Others were told no problem, you can stay while it's processing. Others were told they don't need a visa at all since they're already here.

I agree with miniMia that the commune is being bitchy. They already gave the permission for the marriage to take place here, so it doesn't make sense why they're giving OP a hard time now.

OP just to clarify - have you applied for a visa, or have you applied for a new residence permit based on family reunification? In Switzerland a visa is not the same as a residence permit. The visa is just used to enter the country. You probably have one in your passport from when you came here to study.
The stories you are referring to are about D _entry_ visas. _Technically_ if you live outside Schengen you need to get one though since there is the right to family reunification for EU citizens and Swiss citizens, it's really only a technicality. Some communes/cantons are more fussy about the technicalities than others. * This is a brief and general summary. Don't take my paragraph as the be all end all of entry visas! it's not related to this case anyway. :-)

As she is a resident already and she doesn't need an entry visa. She goes directly the local authorities to get a new permit based on family reunification. No need to pass go or leave the country.

She applies for in Switzerland in the commune where she is living. "Big" cities like Zurich, Geneva, Lausanne, will send you to the local migration police place. Small communes will take the papers and submit then to the appropriate authorities for you.
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Last edited by miniMia; 15.06.2016 at 23:24.
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Old 15.06.2016, 23:08
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Re: Marriage reunification visa. Urgent advice needed.

https://www.admin.ch/opc/de/classifi...993/index.html

Art. 59.2
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Old 20.06.2016, 01:35
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Re: Marriage reunification visa. Urgent advice needed.

In the Spigelgasse they should give you written (!) list of the documents that you need for switching permit from student's one. No need to leave the country. When somebody treats you wrong, you can ask to change that person. And when you go there to do the talk, take your husband with you.
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Old 06.07.2016, 22:03
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Re: Marriage reunification visa. Urgent advice needed.

Thanks a lot everyone for your helpful tips! I got my permit! I really appreciate it.

And for those who had the free time to write private messages to me accusing me of "marrying for a visa", you might want to find other uses for your time.
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Old 06.07.2016, 23:10
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Re: Marriage reunification visa. Urgent advice needed.

People here are whiney a-holes, especially the anti-Brexiters!

Tom
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Old 07.07.2016, 03:41
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Re: Marriage reunification visa. Urgent advice needed.

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Thanks a lot everyone for your helpful tips! I got my permit! I really appreciate it.

And for those who had the free time to write private messages to me accusing me of "marrying for a visa", you might want to find other uses for your time.
Congrats!

As the song goes "haters gonna hate"...etc. Let 'em be.

Is there a sticky on this scenario for future reference/searchers?
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Old 07.07.2016, 10:24
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Re: Marriage reunification visa. Urgent advice needed.

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People here are whiney a-holes, especially the anti-Brexiters!

Tom
Sadly, these are exactly the type of private messages that Brexiters would write!
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Old 07.07.2016, 12:08
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Re: Marriage reunification visa. Urgent advice needed.

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Thanks a lot everyone for your helpful tips! I got my permit! I really appreciate it.

And for those who had the free time to write private messages to me accusing me of "marrying for a visa", you might want to find other uses for your time.
Hope you reported them to a mod. It's really not okay.
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Old 07.07.2016, 12:16
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Re: Marriage reunification visa. Urgent advice needed.

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People here are whiney a-holes, especially the Brexiters!

Tom
Fixed your typo for you
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Old 07.07.2016, 12:26
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Re: Marriage reunification visa. Urgent advice needed.

Good to hear that you got your permit and that all is in order. Rather sad to see people are busy castigating you via pm! Absolutely not the right thing to do. I concur with Medea - report them to a mod!
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