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Old 22.07.2009, 15:23
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Non-EU married to EU national worried about delays in permit

Hello good people there. I have similar question here. I entered the country holding a Hong Kong SAR passport, i.e. I am allowed to stay for 3 months as a tourist without any VISA. I came in late June this year and I got married with my husband back in his home country, France. The first thing we did upon return in early July is to file a spouse permit application (he got a B-permit). The thing here is that I don't know how long it will take for them to process my application. I am saying, just in case if I don't get the paper within the 3-month period. Can I go to the local Canton office to apply for extension of stay? If that doesn't work, can I just leave the country (or the Schengen area) and come back again to gain another 3-month time?
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Old 24.07.2009, 18:10
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Re: Non-EU married to EU national worried about delays in permit

Where did you go register the marriage? Consulate in your country or Canton in Switzerland? or Gemeinde?
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Old 25.07.2009, 00:27
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Re: Non-EU married to EU national worried about delays in permit

The Gemeinde of our residence. Does it make a difference?
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Old 25.07.2009, 14:48
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Re: Non-EU married to EU national worried about delays in permit

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The Gemeinde of our residence. Does it make a difference?
it'll take a couple of months but should be of no risk to you. they should have given you a receipt when you applied. this should be enough if you encounter 'problems' with other officials. it is unlikely that they will ask you to leave and come back in again. unfortunately for you, it will take as long as it takes!

if you require a visa for schengen travel you can ask them for a schengen visa (CHF90 at the migration police) based on your husbands status and your ongoing application for a CH B permit.
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Old 25.07.2009, 22:05
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Re: Non-EU married to EU national worried about delays in permit

No I don't get a receipt for the application. My husband told me that it is the same for him when he deposited his working permit at the Gemeinde for the change of address. He asked if it is ok and they said he could just people that the working permit is that the Gemeinde office. I guess that is ok for him for he was actually given the right to stay. But for me, I am not really entitled to stay until I receive my paper officially. That's why I am worried.

For the time being, I don't need a schengen visa for travel because with my Hong Kong SAR passport, that one is exempted, but I am only allowed to stay no more than 3 months. So I am only worried if the paper process will take more than that.
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Old 25.07.2009, 22:34
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Re: Non-EU married to EU national worried about delays in permit

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So I am only worried if the paper process will take more than that.
both of you should have received a receipt when you deposited your application for a permit, otherwise how can you follow up on the application? in ZRH it is a half A4 piece of paper with the geimende stamp in blue on it, and they kindly put it in a plastic wallet!

if you are this worried the only thing you can do is go back to them and explain why and get a receipt. they should then either confirm if you need to wait longer than your current tourist status and / or explain what you need to do.
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Old 25.07.2009, 22:52
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Re: Non-EU married to EU national worried about delays in permit

I guess it could be due to that we are doing this at a Gemeinde house of a small town. The girl only needed like around 5 min to find my husband records anyway. But I am planning to go back to ask about it if I don't receive anything for more than 2 months. Thank you very much for your help anyway.
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Old 25.07.2009, 23:09
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Re: Non-EU married to EU national worried about delays in permit

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I guess it could be due to that we are doing this at a Gemeinde house of a small town. The girl only needed like around 5 min to find my husband records anyway. But I am planning to go back to ask about it if I don't receive anything for more than 2 months. Thank you very much for your help anyway.
partly due to small communes yes, but you should have received something, even if paid something you should have got a receipt for the money paid! but this not the same as the plastic receipt i mentioned above.

perhaps call your cantons head office for migration after you speak with the locals and see where your application is. the local office will definitely NOT be dealing with the decision making process directly they will just carry out the decision that comes from HQ.
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Old 25.07.2009, 23:28
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Re: Non-EU married to EU national worried about delays in permit

Will do that. Many thanks~~
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Old 26.07.2009, 02:24
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Re: Non-EU married to EU national worried about delays in permit

Don't worry too much, my wife have the situation similar to you (non EU married to EU) and file the B permit (EU/EFtA) application through Gemeinde Haus in Zurich. To my experience, your application is not process in the Gemeinda level but at the Immigrationamt Zurich. Later you will receive letter from Immigration and ask your husband a list of questions such as income, financial support to you, insurance..... etc. For Swiss practise, it is coming step by step!! So you have to keep patient to recieve your first reply from Immigration.
But for your concern of 3 mths stay, you can somehow neglect it because you are legally married to an EU guy and they have to issue you with the same permit with your husband.
To ease your concern, you can pay a nominal fee and ask your Gemeinda to issue you a "Meldebestatigung fur auslandische Personen" (I think that's what Bill is talking about), so that you have some paper-form in your pocket to show people that you have already registered to stay in Swiss.
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Old 26.07.2009, 10:25
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Re: Non-EU married to EU national worried about delays in permit

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Don't worry too much, my wife have the situation similar to you (non EU married to EU) and file the B permit (EU/EFtA) application through Gemeinde Haus in Zurich. To my experience, your application is not process in the Gemeinda level but at the Immigrationamt Zurich.
the OP does not live in ZRH. so the AG equivalent i suppose.

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But for your concern of 3 mths stay, you can somehow neglect it because you are legally married to an EU guy and they have to issue you with the same permit with your husband.
this is false. they don't have to issue anything! if they believe that it is a 'marriage of convenience' then the OP will get nothing and will be asked to leave the country.
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Old 26.07.2009, 14:30
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Re: Non-EU married to EU national worried about delays in permit

So I guess I'll stick with my plan of asking about it in a later stage... Thanks guys~~
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