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31.08.2009, 15:06
| | Newbie | | Join Date: Aug 2009 Location: suisse
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| | | What should i do ? [seaparation and B permit, married to a Swiss citizen]
I am from caribean. I married swiss citizen 6 months ago. After wait for the visa , so i can enter switzerland, I got to switzerland and i was told by my partner that "we are separated, from this moment now."
I would like to know what i am obliged to do and what are my rights and possibilities to employ myself legally and work.
thank you for your help in advance.
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31.08.2009, 15:09
| | | | Re: What should i do ?
As a first step I would suggest to legally clarify the status of your marriage - e.g. Standesamt, papers from Swiss Embassy abroad, marriage certificate.
Was it registered in Switzerland? Or done by a ceremony outside of Switzerland?
Marriages in Switzerland are considered legal. As such you can say that you are married.
For example, if you got married say in a local Balinese ceremony (just as an example), then probably the marriage is not valid and needs to be verified by the Standesamt.
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31.08.2009, 15:11
|  | Forum Legend | | Join Date: Apr 2006 Location: Zürich
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| | | Re: What should i do ?
I'm afraid it could be difficult for you to obtain a work permit if you are not with your partner. You gained entrance through marriage and if you are already separated the authorities may revoke your permit.
However if you live with your partner this should not be a problem.
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31.08.2009, 15:15
|  | Forum Veteran | | Join Date: May 2008 Location: ZH
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| | | Re: What should i do ? | Quote: | |  | | | I'm afraid it could be difficult for you to obtain a work permit if you are not with your partner. You gained entrance through marriage and if you are already separated the authorities may revoke your permit. However if you live with your partner this should not be a problem. | | | | |
Even when separated?  I thought she don't want him any more?
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31.08.2009, 15:18
|  | Forum Legend | | Join Date: Dec 2007 Location: SG (the far away one...)
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| | | Re: What should i do ? | Quote: | |  | | | For example, if you got married say in a local Balinese ceremony (just as an example), then probably the marriage is not valid and needs to be verified by the Standesamt. | | | | | Are you sure? I believe it is the opposite.
I got my marriage registered in Germany, so I am not 100% sure about Switzerland, but I would expect it to be similar: In Germany, a marriage is accepted if it was consensual and following any legislation worldwide. If you want to, you can marry according to African tribal laws or in a wedding chapel in Vegas. I am not making this up but was told so by a German official (because we were considering to get married in Asia). You might have to hand in or prepare some extra paperwork afterwards, but legally you are married.
If this would not be the case, all the foreigners arriving here would not be sure of their legal status...
So if you did officially marry in the Carribean and you have paperwork supporting this, you are married.
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31.08.2009, 15:20
| | Newbie | | Join Date: Aug 2009 Location: suisse
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| | | Re: What should i do ? | Quote: | |  | | | As a first step I would suggest to legally clarify the status of your marriage - e.g. Standesamt, papers from Swiss Embassy abroad, marriage certificate.
Was it registered in Switzerland? Or done by a ceremony outside of Switzerland?
Marriages in Switzerland are considered legal. As such you can say that you are married.
For example, if you got married say in a local Balinese ceremony (just as an example), then probably the marriage is not valid and needs to be verified by the Standesamt. | | | | |
i have a marriage certificate from my country and i already have swiss marriage certificate (Familienausweis)
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31.08.2009, 15:21
| | | | Re: What should i do ? | Quote: | |  | | | Are you sure? I believe it is the opposite.
I got my marriage registered in Germany, so I am not 100% sure about Switzerland, but I would expect it to be similar: In Germany, a marriage is accepted if it was consensual and following any legislation worldwide. If you want to, you can marry according to African tribal laws or in a wedding chapel in Vegas. I am not making this up but was told so by a German official (because we were considering to get married in Asia). You might have to hand in or prepare some extra paperwork afterwards, but legally you are married.
If this would not be the case, all the foreigners arriving here would not be sure of their legal status...
So if you did officially marry in the Carribean and you have paperwork supporting this, you are married. | | | | |
Yes, of course you can get marry where and how you want, but if a partner is Swiss, and the marriage is supposed to be legally valid, it must be registered at those Standesamt.
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31.08.2009, 15:25
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| | | Re: What should i do ?
I'm sorry for being nosy but to understand your situation better Forumuser do you reside with your partner?
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31.08.2009, 15:26
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| | | Re: What should i do ? | Quote: | |  | | | Even when separated? I thought she don't want him any more? | | | | | My dear devil nowhere in the post does it say the OP is a woman.
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31.08.2009, 15:28
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| | | Re: What should i do ?
what visa do you have now? You say you waited for a visa before coming - tell more about that.
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31.08.2009, 15:33
| | Newbie | | Join Date: Aug 2009 Location: suisse
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| | | Re: What should i do ? | Quote: | |  | | | what visa do you have now? You say you waited for a visa before coming - tell more about that. | | | | |
shengen visa D , one entry
my partner is a student curently living with parents, and i am in my friends place.
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31.08.2009, 15:35
| | | | Re: What should i do ? [seaparation and B permit, married to a Swiss citizen]
So sorry to hear about your predicament. Read this which explains the consequences of separation and divorce for bi-national couples: http://www.binational.ch/en/fragen/trennung.html
Then I would highly recommend that you go and speak to your commune/gemeinde and explain your change of circumstances. They will give you advice. If you're not yet divorced and you already have a permit then your permit should not be cancelled because of your separation.
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31.08.2009, 15:36
| | Newbie | | Join Date: Aug 2009 Location: suisse
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| | | Re: What should i do ? [seaparation and B permit, married to a Swiss citizen]
for additional info i didn't await that partner will tell me that we are separated after only a week after coming into switzerland. we are not officially separated and i dont really understand what is my position right now.
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31.08.2009, 15:40
| | | | Re: What should i do ? | Quote: | |  | | | shengen visa D , one entry
my partner is a student curently living with parents, and i am in my friends place. | | | | | You mean you don't have residence permit?
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31.08.2009, 15:45
|  | Forum Legend | | Join Date: Dec 2007 Location: SG (the far away one...)
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| | | Re: What should i do ? [seaparation and B permit, married to a Swiss citizen] | Quote: | |  | | | for additional info i didn't await that partner will tell me that we are separated after only a week after coming into switzerland. we are not officially separated and i dont really understand what is my position right now. | | | | | Without more details it sounds as if you are married to a Swiss. A separation does not simply change that. If you already have a residence permit and so on sorted out, nothing should change immediately.
What happens when your residence permit expires or your partner files for a divorce? I do not know and I would strongly recommend to not just rely on this forum for information: Do get some professional help from a lawyer to see what the laws are and how they apply to your case. Costs money, but this seems to be one very good reason to spend the savings on...
Good luck!
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31.08.2009, 15:47
| | Newbie | | Join Date: Aug 2009 Location: suisse
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| | | Re: What should i do ? | Quote: | |  | | | You mean you don't have residence permit? | | | | | no i dont have residence permit i came here a week ago
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31.08.2009, 16:01
|  | Forum Legend | | Join Date: Jun 2006 Location: UK, formerly Basel
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| | | Re: What should i do ? [seaparation and B permit, married to a Swiss citizen]
Where in Switzerland are you located? Which canton?
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31.08.2009, 19:21
|  | Forum Veteran | | Join Date: May 2008 Location: ZH
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| | | Re: What should i do ? | Quote: | |  | | | My dear devil nowhere in the post does it say the OP is a woman. | | | | | No I meant OP's lovely partner | 
31.08.2009, 19:36
| | Forum Legend | | Join Date: Aug 2009 Location: Vaud
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| | | Re: What should i do ? | Quote: | |  | | | No I meant OP's lovely partner  | | | | | Why did the partner dumped him a week after he moved...
I find it so cowardly!
Or the guy is blind and haven't signed the signs of "nooo dont come"...
In any case, I see poor communication always sucks!
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